Consolidated Appropriations Act, 2000
PL 106-113 (H.R.3194), enacted 11/29/1999

[106th Congress Public Law 113]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ113.106]


[[Page 113 STAT. 1501]]

Public Law 106-113
106th Congress

                                 An Act


 
      Making <<NOTE: Nov. 29, 1999 -  [H.R. 3194]>>  consolidated 
 appropriations for the fiscal year ending September 30, 2000, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the serveral departments, agencies, corporations and 
other organizational units of the Government for the fiscal year 2000, 
and for other purposes, namely:

                               DIVISION A

                   DISTRICT OF COLUMBIA APPROPRIATIONS

   TITLE <<NOTE: District of Columbia Appropriations Act, 1999.>>  I--
FISCAL YEAR 2000 APPROPRIATIONS

                              FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia for a program to 
be administered by the Mayor for District of Columbia resident tuition 
support, subject to the enactment of authorizing legislation for such 
program by Congress, $17,000,000, to remain available until expended: 
Provided, That such funds may be used on behalf of eligible District of 
Columbia residents to pay an amount based upon the difference between 
in-State and out-of-State tuition at public institutions of higher 
education, usable at both public and private institutions of higher 
education: Provided further, That the awarding of such funds may be 
prioritized on the basis of a resident's academic merit and such other 
factors as may be authorized: Provided further, That if the authorized 
program is a nationwide program, the Mayor may expend up to $17,000,000: 
Provided further, That if the authorized program is for a limited number 
of States, the Mayor may expend up to $11,000,000: Provided further, 
That the District of Columbia may expend funds other than the funds 
provided under this heading, including local tax revenues and 
contributions, to support such program.

         Federal Payment for Incentives for Adoption of Children

    For a Federal payment to the District of Columbia to create 
incentives to promote the adoption of children in the District of 
Columbia foster care system, $5,000,000: Provided, That such funds shall 
remain available until September 30, 2001 and shall be used

[[Page 113 STAT. 1502]]

in accordance with a program established by the Mayor and the Council of 
the District of Columbia and approved by the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That funds provided under this heading may be used to cover the 
costs to the District of Columbia of providing tax credits to offset the 
costs incurred by individuals in adopting children in the District of 
Columbia foster care system and in providing for the health care needs 
of such children, in accordance with legislation enacted by the District 
of Columbia government.

          Federal Payment to the Citizen Complaint Review Board

    For a Federal payment to the District of Columbia for administrative 
expenses of the Citizen Complaint Review Board, $500,000, to remain 
available until September 30, 2001.

           Federal Payment to the Department of Human Services

    For a Federal payment to the Department of Human Services for a 
mentoring program and for hotline services, $250,000.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

    For salaries and expenses of the District of Columbia Corrections 
Trustee, $176,000,000 for the administration and operation of 
correctional facilities and for the administrative operating costs of 
the Office of the Corrections Trustee, as authorized by section 11202 of 
the National Capital Revitalization and Self-Government Improvement Act 
of 1997 (Public Law 105-33; 111 Stat. 712): Provided, That 
notwithstanding any other provision of law, funds appropriated in this 
Act for the District of Columbia Corrections Trustee shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of other Federal agencies: Provided further, That 
in addition to the funds provided under this heading, the District of 
Columbia Corrections Trustee may use a portion of the interest earned on 
the Federal payment made to the Trustee under the District of Columbia 
Appropriations Act, 1998, (not to exceed $4,600,000) to carry out the 
activities funded under this heading.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$99,714,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $7,209,000; for the District of Columbia Superior 
Court, $68,351,000; for the District of Columbia Court System, 
$16,154,000; and $8,000,000, to remain available until September 30, 
2001, for capital improvements for District of Columbia courthouse 
facilities: Provided, That of the amounts available for operations of 
the District of Columbia Courts, not to exceed $2,500,000 shall be for 
the design of an Integrated Justice Information System and that such 
funds shall be used in accordance with a plan and design developed by 
the courts and approved by the Committees on Appropriations of the House 
of Representatives and the Senate: Provided further, 
That <<NOTE: Reports.>>  notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly

[[Page 113 STAT. 1503]]

by the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for salaries and expenses of other 
Federal agencies, with payroll and financial services to be provided on 
a contractual basis with the General Services Administration (GSA), said 
services to include the preparation of monthly financial reports, copies 
of which shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the Senate and House of Representatives, 
the Committee on Governmental Affairs of the Senate, and the Committee 
on Government Reform of the House of Representatives.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Code (relating to representation provided under the District of 
Columbia Criminal Justice Act), payments for counsel appointed in 
proceedings in the Family Division of the Superior Court of the District 
of Columbia under chapter 23 of title 16, D.C. Code, and payments for 
counsel authorized under section 21-2060, D.C. Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$33,336,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $8,000,000 provided under 
such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this heading: 
Provided further, That in addition to the funds provided under this 
heading, the Joint Committee on Judicial Administration in the District 
of Columbia shall use the interest earned on the Federal payment made to 
the District of Columbia courts under the District of Columbia 
Appropriations Act, 1999, together with funds provided in this Act under 
the heading ``Federal Payment to the District of Columbia Courts'' 
(other than the $8,000,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
fiscal year 1999 if the Comptroller General certifies that the amount of 
obligations lawfully incurred for such payments during fiscal year 1999 
exceeds the obligational authority otherwise available for making such 
payments: Provided further, That such funds shall be administered by the 
Joint Committee on Judicial Administration in the District of Columbia: 
Provided further, That <<NOTE: Reports.>>  notwithstanding any other 
provision of law, this appropriation shall be apportioned quarterly by 
the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the General Services Administration (GSA), said 
services to include the preparation of monthly financial reports, copies 
of which shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the Senate and House of Representatives, 
the Committee on Governmental Affairs of the Senate, and the Committee 
on Government Reform of the House of Representatives.

[[Page 113 STAT. 1504]]

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

    For salaries and expenses of the Court Services and Offender 
Supervision Agency for the District of Columbia, as authorized by the 
National Capital Revitalization and Self-Government Improvement Act of 
1997, (Public Law 105-33; 111 Stat. 712), $93,800,000, of which 
$58,600,000 shall be for necessary expenses of Parole Revocation, Adult 
Probation, Offender Supervision, and Sex Offender Registration, to 
include expenses relating to supervision of adults subject to protection 
orders or provision of services for or related to such persons; 
$17,400,000 shall be available to the Public Defender Service; and 
$17,800,000 shall be available to the Pretrial Services Agency: 
Provided, That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for salaries and expenses of other Federal agencies: 
Provided further, That of the amounts made available under this heading, 
$20,492,000 shall be used in support of universal drug screening and 
testing for those individuals on pretrial, probation, or parole 
supervision with continued testing, intermediate sanctions, and 
treatment for those identified in need, of which $7,000,000 shall be for 
treatment services.

                   Children's National Medical Center

    For a Federal contribution to the Children's National Medical Center 
in the District of Columbia, $2,500,000 for construction, renovation, 
and information technology infrastructure costs associated with 
establishing community pediatric health clinics for high risk children 
in medically underserved areas of the District of Columbia.

           Federal Payment for Metropolitan Police Department

    For payment to the Metropolitan Police Department, $1,000,000, for a 
program to eliminate open air drug trafficking in the District of 
Columbia: <<NOTE: Reports. Deadline.>>  Provided, That the Chief of 
Police shall provide quarterly reports to the Committees on 
Appropriations of the Senate and House of Representatives by the 15th 
calendar day after the end of each quarter beginning December 31, 1999, 
on the status of the project financed under this heading.

         Federal Payment to the General Services Administration

    For a Federal payment to the Administrator of General Services for 
activities carried out as a result of the transfer of the property on 
which the Lorton Correctional Complex is located to the General Services 
Administration, $6,700,000, to remain available until expended.

[[Page 113 STAT. 1505]]

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided.

                   Governmental Direction and Support

    Governmental direction and support, $162,356,000 (including 
$137,134,000 from local funds, $11,670,000 from Federal funds, and 
$13,552,000 from other funds): Provided, That not to exceed $2,500 for 
the Mayor, $2,500 for the Chairman of the Council of the District of 
Columbia, and $2,500 for the City Administrator shall be available from 
this appropriation for official purposes: Provided further, That any 
program fees collected from the issuance of debt shall be available for 
the payment of expenses of the debt management program of the District 
of Columbia: Provided further, That no revenues from Federal sources 
shall be used to support the operations or activities of the Statehood 
Commission and Statehood Compact Commission: Provided further, That the 
District of Columbia shall identify the sources of funding for Admission 
to Statehood from its own locally-generated revenues: Provided further, 
That all employees permanently assigned to work in the Office of the 
Mayor shall be paid from funds allocated to the Office of the Mayor: 
Provided further, That, notwithstanding any other provision of law now 
or hereafter enacted, no Member of the District of Columbia Council 
eligible to earn a part-time salary of $92,520, exclusive of the Council 
Chairman, shall be paid a salary of more than $84,635 during fiscal year 
2000.

                   Economic Development and Regulation

    Economic development and regulation, $190,335,000 (including 
$52,911,000 from local funds, $84,751,000 from Federal funds, and 
$52,673,000 from other funds), of which $15,000,000 collected by the 
District of Columbia in the form of BID tax revenue shall be paid to the 
respective BIDs pursuant to the Business Improvement Districts Act of 
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business 
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23): 
Provided, That such funds are available for acquiring services provided 
by the General Services Administration: Provided further, That Business 
Improvement Districts shall be exempt from taxes levied by the District 
of Columbia.

                        Public Safety and Justice

    Public safety and justice, including purchase or lease of 135 
passenger-carrying vehicles for replacement only, including 130 for 
police-type use and five for fire-type use, without regard to the 
general purchase price limitation for the current fiscal year, 
$778,770,000 (including $565,511,000 from local funds, $29,012,000 from 
Federal funds, and $184,247,000 from other funds): Provided, That the 
Metropolitan Police Department is authorized to replace

[[Page 113 STAT. 1506]]

not to exceed 25 passenger-carrying vehicles and the Department of Fire 
and Emergency Medical Services of the District of Columbia is authorized 
to replace not to exceed five passenger-carrying vehicles annually 
whenever the cost of repair to any damaged vehicle exceeds three-fourths 
of the cost of the replacement: Provided further, That not to exceed 
$500,000 shall be available from this appropriation for the Chief of 
Police for the prevention and detection of crime: Provided 
further, <<NOTE: Reports.>>  That the Metropolitan Police Department 
shall provide quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on efforts to increase 
efficiency and improve the professionalism in the department: Provided 
further, That notwithstanding any other provision of law, or Mayor's 
Order 86-45, issued March 18, 1986, the Metropolitan Police Department's 
delegated small purchase authority shall be $500,000: Provided further, 
That the District of Columbia government may not require the 
Metropolitan Police Department to submit to any other procurement review 
process, or to obtain the approval of or be restricted in any manner by 
any official or employee of the District of Columbia government, for 
purchases that do not exceed $500,000: Provided further, That the Mayor 
shall reimburse the District of Columbia National Guard for expenses 
incurred in connection with services that are performed in emergencies 
by the National Guard in a militia status and are requested by the 
Mayor, in amounts that shall be jointly determined and certified as due 
and payable for these services by the Mayor and the Commanding General 
of the District of Columbia National Guard: Provided further, That such 
sums as may be necessary for reimbursement to the District of Columbia 
National Guard under the preceding proviso shall be available from this 
appropriation, and the availability of the sums shall be deemed as 
constituting payment in advance for emergency services involved: 
Provided further, That the Metropolitan Police Department is authorized 
to maintain 3,800 sworn officers, with leave for a 50 officer attrition: 
Provided further, That no more than 15 members of the Metropolitan 
Police Department shall be detailed or assigned to the Executive 
Protection Unit, until the Chief of Police submits a recommendation to 
the Council for its review: Provided further, That $100,000 shall be 
available for inmates released on medical and geriatric parole: Provided 
further, That <<NOTE: Reports.>>  commencing on December 31, 1999, the 
Metropolitan Police Department shall provide to the Committees on 
Appropriations of the Senate and House of Representatives, the Committee 
on Governmental Affairs of the Senate, and the Committee on Government 
Reform of the House of Representatives, quarterly reports on the status 
of crime reduction in each of the 83 police service areas established 
throughout the District of Columbia: Provided further, That up to 
$700,000 in local funds shall be available for the operations of the 
Citizen Complaint Review Board.

                         Public Education System

    Public education system, including the development of national 
defense education programs, $867,411,000 (including $721,847,000 from 
local funds, $120,951,000 from Federal funds, and $24,613,000 from other 
funds), to be allocated as follows: $713,197,000 (including $600,936,000 
from local funds, $106,213,000 from Federal funds, and $6,048,000 from 
other funds), for the public schools of the

[[Page 113 STAT. 1507]]

District of Columbia; $10,700,000 from local funds for the District of 
Columbia Teachers' Retirement Fund; $17,000,000 from local funds, 
previously appropriated in this Act as a Federal payment, for resident 
tuition support at public and private institutions of higher learning 
for eligible District of Columbia residents; $27,885,000 from local 
funds for public charter schools: Provided, That if the entirety of this 
allocation has not been provided as payments to any public charter 
schools currently in operation through the per pupil funding formula, 
the funds shall be available for new public charter schools on a per 
pupil basis: Provided further, That $480,000 of this amount shall be 
available to the District of Columbia Public Charter School Board for 
administrative costs; $72,347,000 (including $40,491,000 from local 
funds, $13,536,000 from Federal funds, and $18,320,000 from other funds) 
for the University of the District of Columbia; $24,171,000 (including 
$23,128,000 from local funds, $798,000 from Federal funds, and $245,000 
from other funds) for the Public Library; $2,111,000 (including 
$1,707,000 from local funds and $404,000 from Federal funds) for the 
Commission on the Arts and Humanities: Provided further, That the public 
schools of the District of Columbia are authorized to accept not to 
exceed 31 motor vehicles for exclusive use in the driver education 
program: Provided further, That not to exceed $2,500 for the 
Superintendent of Schools, $2,500 for the President of the University of 
the District of Columbia, and $2,000 for the Public Librarian shall be 
available from this appropriation for official purposes: Provided 
further, That none of the funds contained in this Act may be made 
available to pay the salaries of any District of Columbia Public School 
teacher, principal, administrator, official, or employee who knowingly 
provides false enrollment or attendance information under article II, 
section 5 of the Act entitled ``An Act to provide for compulsory school 
attendance, for the taking of a school census in the District of 
Columbia, and for other purposes'', approved February 4, 1925 (D.C. 
Code, sec. 31-401 et seq.): Provided further, That this appropriation 
shall not be available to subsidize the education of any nonresident of 
the District of Columbia at any District of Columbia public elementary 
and secondary school during fiscal year 2000 unless the nonresident pays 
tuition to the District of Columbia at a rate that covers 100 percent of 
the costs incurred by the District of Columbia which are attributable to 
the education of the nonresident (as established by the Superintendent 
of the District of Columbia Public Schools): Provided further, That this 
appropriation shall not be available to subsidize the education of 
nonresidents of the District of Columbia at the University of the 
District of Columbia, unless the Board of Trustees of the University of 
the District of Columbia adopts, for the fiscal year ending September 
30, 2000, a tuition rate schedule that will establish the tuition rate 
for nonresident students at a level no lower than the nonresident 
tuition rate charged at comparable public institutions of higher 
education in the metropolitan area: Provided further, That the District 
of Columbia Public Schools shall not spend less than $365,500,000 on 
local schools through the Weighted Student Formula in fiscal year 2000: 
Provided further, That notwithstanding any other provision of law, the 
Chief Financial Officer of the District of Columbia shall apportion from 
the budget of the District of Columbia Public Schools a sum totaling 5 
percent of the total budget to be set aside until the current student 
count for Public

[[Page 113 STAT. 1508]]

and Charter schools has been completed, and that this amount shall be 
apportioned between the Public and Charter schools based on their 
respective student population count: Provided further, That the District 
of Columbia Public Schools may spend $500,000 to engage in a Schools 
Without Violence program based on a model developed by the University of 
North Carolina, located in Greensboro, North Carolina.

                         Human Support Services

    Human support services, $1,526,361,000 (including $635,373,000 from 
local funds, $875,814,000 from Federal funds, and $15,174,000 from other 
funds): Provided, That $25,150,000 of this appropriation, to remain 
available until expended, shall be available solely for District of 
Columbia employees' disability compensation: Provided further, That a 
peer review committee shall be established to review medical payments 
and the type of service received by a disability compensation claimant: 
Provided further, That the District of Columbia shall not provide free 
government services such as water, sewer, solid waste disposal or 
collection, utilities, maintenance, repairs, or similar services to any 
legally constituted private nonprofit organization, as defined in 
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101 
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency 
shelter services in the District, if the District would not be qualified 
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law 
100-77; 42 U.S.C. 11301 et seq.).

                              Public Works

    Public works, including rental of one passenger-carrying vehicle for 
use by the Mayor and three passenger-carrying vehicles for use by the 
Council of the District of Columbia and leasing of passenger-carrying 
vehicles, $271,395,000 (including $258,341,000 from local funds, 
$3,099,000 from Federal funds, and $9,955,000 from other funds): 
Provided, That this appropriation shall not be available for collecting 
ashes or miscellaneous refuse from hotels and places of business.

                          Receivership Programs

    For all agencies of the District of Columbia government under court 
ordered receivership, $342,077,000 (including $217,606,000 from local 
funds, $106,111,000 from Federal funds, and $18,360,000 from other 
funds).

                          Workforce Investments

    For workforce investments, $8,500,000 from local funds, to be 
transferred by the Mayor of the District of Columbia within the various 
appropriation headings in this Act for which employees are properly 
payable.

                                 Reserve

    For a reserve to be established by the Chief Financial Officer of 
the District of Columbia and the District of Columbia Financial

[[Page 113 STAT. 1509]]

Responsibility and Management Assistance Authority, $150,000,000.

District of Columbia Financial Responsibility and Management Assistance 
                                Authority

    For the District of Columbia Financial Responsibility and Management 
Assistance Authority, established by section 101(a) of the District of 
Columbia Financial Responsibility and Management Assistance Act of 1995 
(109 Stat. 97; Public Law 104-8), $3,140,000: Provided, That none of the 
funds contained in this Act may be used to pay any compensation of the 
Executive Director or General Counsel of the Authority at a rate in 
excess of the maximum rate of compensation which may be paid to such 
individual during fiscal year 2000 under section 102 of such Act, as 
determined by the Comptroller General (as described in GAO letter report 
B-279095.2).

                     Repayment of Loans and Interest

    For payment of principal, interest and certain fees directly 
resulting from borrowing by the District of Columbia to fund District of 
Columbia capital projects as authorized by sections 462, 475, and 490 of 
the District of Columbia Home Rule Act, approved December 24, 1973, as 
amended, and that funds shall be allocated for expenses associated with 
the Wilson Building, $328,417,000 from local funds: Provided, That for 
equipment leases, the Mayor may finance $27,527,000 of equipment cost, 
plus cost of issuance not to exceed 2 percent of the par amount being 
financed on a lease purchase basis with a maturity not to exceed 5 
years: Provided further, That $5,300,000 is allocated to the 
Metropolitan Police Department, $3,200,000 for the Fire and Emergency 
Medical Services Department, $350,000 for the Department of Corrections, 
$15,949,000 for the Department of Public Works and $2,728,000 for the 
Public Benefit Corporation.

                 Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $38,286,000 from local 
funds, as authorized by section 461(a) of the District of Columbia Home 
Rule Act (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).

               Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $9,000,000 from 
local funds.

                      Certificates of Participation

    For lease payments in accordance with the Certificates of 
Participation involving the land site underlying the building located at 
One Judiciary Square, $7,950,000 from local funds.

                  Optical and Dental Insurance Payments

    For optical and dental insurance payments, $1,295,000 from local 
funds.

[[Page 113 STAT. 1510]]

                            Productivity Bank

    The Chief Financial Officer of the District of Columbia, under the 
direction of the Mayor and the District of Columbia Financial 
Responsibility and Management Assistance Authority, shall finance 
projects totaling $20,000,000 in local funds that result in cost savings 
or additional revenues, by an amount equal to such financing: Provided, 
That <<NOTE: Reports. Deadline.>>  the Mayor shall provide quarterly 
reports to the Committees on Appropriations of the House of 
Representatives and the Senate by the 15th calendar day after the end of 
each quarter beginning December 31, 1999, on the status of the projects 
financed under this heading.

                        Productivity Bank Savings

    The Chief Financial Officer of the District of Columbia, under the 
direction of the Mayor and the District of Columbia Financial 
Responsibility and Management Assistance Authority, shall make 
reductions totaling $20,000,000 in local funds. The reductions are to be 
allocated to projects funded through the Productivity Bank that produce 
aggregate cost savings or additional revenues in an amount equal to the 
Productivity Bank financing: Provided, That the Mayor shall provide 
quarterly reports to the Committees on Appropriations of the House of 
Representatives and the Senate by the 15th calendar day after the end of 
each quarter beginning December 31, 1999, on the status of the cost 
savings or additional revenues funded under this heading.

                   Procurement and Management Savings

    The Chief Financial Officer of the District of Columbia, under the 
direction of the Mayor and the District of Columbia Financial 
Responsibility and Management Assistance Authority, shall make 
reductions of $14,457,000 for general supply schedule savings and 
$7,000,000 for management reform savings, in local funds to one or more 
of the appropriation headings in this Act: Provided, <<NOTE: Reports.>>  
That the Mayor shall provide quarterly reports to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
15th calendar day after the end of each quarter beginning December 31, 
1999, on the status of the general supply schedule savings and 
management reform savings projected under this heading.

                       ENTERPRISE AND OTHER FUNDS

          Water and Sewer Authority and the Washington Aqueduct

    For operation of the Water and Sewer Authority and the Washington 
Aqueduct, $279,608,000 from other funds (including $236,075,000 for the 
Water and Sewer Authority and $43,533,000 for the Washington Aqueduct) 
of which $35,222,000 shall be apportioned and payable to the District's 
debt service fund for repayment of loans and interest incurred for 
capital improvement projects.
    For construction projects, $197,169,000, as authorized by the Act 
entitled ``An Act authorizing the laying of watermains and service 
sewers in the District of Columbia, the levying of assessments therefor, 
and for other purposes'' (33 Stat. 244; Public Law

[[Page 113 STAT. 1511]]

58-140; D.C. Code, sec. 43-1512 et seq.): Provided, That the 
requirements and restrictions that are applicable to general fund 
capital improvements projects and set forth in this Act under the 
Capital Outlay appropriation title shall apply to projects approved 
under this appropriation title.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established by 
the District of Columbia Appropriation Act for the fiscal year ending 
September 30, 1982 (95 Stat. 1174 and 1175; Public Law 97-91), for the 
purpose of implementing the Law to Legalize Lotteries, Daily Numbers 
Games, and Bingo and Raffles for Charitable Purposes in the District of 
Columbia (D.C. Law 3-172; D.C. Code, sec. 2-2501 et seq. and sec. 22-
1516 et seq.), $234,400,000: Provided, That the District of Columbia 
shall identify the source of funding for this appropriation title from 
the District's own locally generated revenues: Provided further, That no 
revenues from Federal sources shall be used to support the operations or 
activities of the Lottery and Charitable Games Control Board.

                   Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $10,846,000 from other 
funds for expenses incurred by the Armory Board in the exercise of its 
powers granted by the Act entitled ``An Act To Establish A District of 
Columbia Armory Board, and for other purposes'' (62 Stat. 339; D.C. 
Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act of 
1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-321 et seq.): 
Provided, That <<NOTE: Budget.>>  the Mayor shall submit a budget for 
the Armory Board for the forthcoming fiscal year as required by section 
442(b) of the District of Columbia Home Rule Act (87 Stat. 824; Public 
Law 93-198; D.C. Code, sec. 47-301(b)).

  District of Columbia Health and Hospitals Public Benefit Corporation

    For the District of Columbia Health and Hospitals Public Benefit 
Corporation, established by D.C. Law 11-212; D.C. Code, sec. 32-262.2, 
$133,443,000 of which $44,435,000 shall be derived by transfer from the 
general fund and $89,008,000 from other funds.

                  District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established by 
section 121 of the District of Columbia Retirement Reform Act of 1979 
(93 Stat. 866; D.C. Code, sec. 1-711), $9,892,000 from the earnings of 
the applicable retirement funds to pay legal, management, investment, 
and other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided, That <<NOTE: Reports.>>  the District of 
Columbia Retirement Board shall provide to the Congress and to the 
Council of the District of Columbia a quarterly report of the 
allocations of charges by fund and of expenditures of all funds: 
Provided further, That <<NOTE: Records.>>  the District of Columbia 
Retirement Board shall provide the Mayor, for transmittal to the Council 
of the District of Columbia, an itemized accounting of the planned use 
of appropriated funds in time for each annual

[[Page 113 STAT. 1512]]

budget submission and the actual use of such funds in time for each 
annual audited financial report: Provided further, That section 
121(c)(1) of the District of Columbia Retirement Reform Act (D.C. Code, 
sec. 1-711(c)(1)) is amended by striking ``the total amount to which a 
member may be entitled'' and all that follows and inserting the 
following: ``the total amount to which a member may be entitled under 
this subsection during a year (beginning with 1998) may not exceed 
$5,000, except that in the case of the Chairman of the Board and the 
Chairman of the Investment Committee of the Board, such amount may not 
exceed $7,500 (beginning with 2000).''.

                      Correctional Industries Fund

    For the Correctional Industries Fund, established by the District of 
Columbia Correctional Industries Establishment Act (78 Stat. 1000; 
Public Law 88-622), $1,810,000 from other funds.

              Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $50,226,000 
from other funds.

                             Capital Outlay

                         (including rescissions)

    For construction projects, $1,260,524,000 of which $929,450,000 is 
from local funds, $54,050,000 is from the highway trust fund, and 
$277,024,000 is from Federal funds, and a rescission of $41,886,500 from 
local funds appropriated under this heading in prior fiscal years, for a 
net amount of $1,218,637,500 to remain available until expended: 
Provided, That funds for use of each capital project implementing agency 
shall be managed and controlled in accordance with all procedures and 
limitations established under the Financial Management System: Provided 
further, That all funds provided by this appropriation title shall be 
available only for the specific projects and purposes intended: Provided 
further, That notwithstanding the foregoing, all authorizations for 
capital outlay projects, except those projects covered by the first 
sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (82 
Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which 
funds are provided by this appropriation title, shall expire on 
September 30, 2001, except authorizations for projects as to which funds 
have been obligated in whole or in part prior to September 30, 2001: 
Provided further, That upon expiration of any such project 
authorization, the funds provided herein for the project shall lapse.

                           General Provisions

    Sec. 101. <<NOTE: Contracts.>>  The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

[[Page 113 STAT. 1513]]

    Sec. 102. Except as otherwise provided in this Act, all vouchers 
covering expenditures of appropriations contained in this Act shall be 
audited before payment by the designated certifying official, and the 
vouchers as approved shall be paid by checks issued by the designated 
disbursing official.
    Sec. 103. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately owned automobiles 
and motorcycles used for the performance of official duties at rates 
established by the Mayor: Provided, That such rates shall not exceed the 
maximum prevailing rates for such vehicles as prescribed in the Federal 
Property Management Regulations 101-7 (Federal Travel Regulations).
    Sec. 105. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor: Provided, That in the case of the Council of the District of 
Columbia, funds may be expended with the authorization of the chair of 
the Council.
    Sec. 106. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of judgments that have been entered against the 
District of Columbia government: Provided, That nothing contained in 
this section shall be construed as modifying or affecting the provisions 
of section 11(c)(3) of title XII of the District of Columbia Income and 
Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; D.C. Code, 
sec. 47-1812.11(c)(3)).
    Sec. 107. Appropriations in this Act shall be available for the 
payment of public assistance without reference to the requirement of 
section 544 of the District of Columbia Public Assistance Act of 1982 
(D.C. Law 4-101; D.C. Code, sec. 3-205.44), and for the payment of the 
non-Federal share of funds necessary to qualify for grants under 
subtitle A of title II of the Violent Crime Control and Law Enforcement 
Act of 1994.
    Sec. 108. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 109. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be used 
to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 110. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, salary, past work experience, and 
salary history are not available for inspection by the House and Senate 
Committees on Appropriations, the Subcommittee on the District of 
Columbia of the House Committee on Government Reform, the Subcommittee 
on Oversight of Government Management, Restructuring and the District of 
Columbia

[[Page 113 STAT. 1514]]

of the Senate Committee on Governmental Affairs, and the Council of the 
District of Columbia, or their duly authorized representative.
    Sec. 111. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making payments 
authorized by the District of Columbia Revenue Recovery Act of 1977 
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
    Sec. 112. <<NOTE: Lobbying.>>  No part of this appropriation shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.

    Sec. 113. <<NOTE: Reports.>>  At the start of the fiscal year, the 
Mayor shall develop an annual plan, by quarter and by project, for 
capital outlay borrowings: Provided, That within a reasonable time after 
the close of each quarter, the Mayor shall report to the Council of the 
District of Columbia and the Congress the actual borrowings and spending 
progress compared with projections.

    Sec. 114. The Mayor shall not borrow any funds for capital projects 
unless the Mayor has obtained prior approval from the Council of the 
District of Columbia, by resolution, identifying the projects and 
amounts to be financed with such borrowings.
    Sec. 115. The Mayor shall not expend any moneys borrowed for capital 
projects for the operating expenses of the District of Columbia 
government.
    Sec. 116. None of the funds provided under this Act to the agencies 
funded by this Act, both Federal and District government agencies, that 
remain available for obligation or expenditure in fiscal year 2000, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for an agency through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates a 
program, project, or responsibility center; (3) establishes or changes 
allocations specifically denied, limited or increased by Congress in 
this Act; (4) increases funds or personnel by any means for any program, 
project, or responsibility center for which funds have been denied or 
restricted; (5) reestablishes through reprogramming any program or 
project previously deferred through reprogramming; (6) augments existing 
programs, projects, or responsibility centers through a reprogramming of 
funds in excess of $1,000,000 or 10 percent, whichever is less; 
or <<NOTE: Notification.>>  (7) increases by 20 percent or more 
personnel assigned to a specific program, project, or responsibility 
center; unless the Appropriations Committees of both the Senate and 
House of Representatives are notified in writing 30 days in advance of 
any reprogramming as set forth in this section.

    Sec. 117. None of the Federal funds provided in this Act shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of the District of Columbia 
government.
    Sec. 118. None of the Federal funds provided in this Act shall be 
obligated or expended to procure passenger automobiles as defined in the 
Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law 96-
425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency 
estimated miles per gallon average of less than 22 miles per gallon: 
Provided, That this section shall not apply to security, emergency 
rescue, or armored vehicles.

[[Page 113 STAT. 1515]]

    Sec. 119. (a) City Administrator.--The last sentence of section 
422(7) of the District of Columbia Home Rule Act (D.C. Code, sec. 1-
242(7)) is amended by striking ``, not to exceed'' and all that follows 
and inserting a period.
    (b) Board of Directors of Redevelopment Land Agency.--Section 
1108(c)(2)(F) of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Code, sec. 1-612.8(c)(2)(F)) is amended to 
read as follows:
            ``(F) Redevelopment Land Agency board members shall be paid 
        per diem compensation at a rate established by the Mayor, except 
        that such rate may not exceed the daily equivalent of the annual 
        rate of basic pay for level 15 of the District Schedule for each 
        day (including travel time) during which they are engaged in the 
        actual performance of their duties.''.

    Sec. 120. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), 
enacted pursuant to section 422(3) of the District of Columbia Home Rule 
Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall 
apply with respect to the compensation of District of Columbia 
employees: Provided, That for pay purposes, employees of the District of 
Columbia government shall not be subject to the provisions of title 5, 
United States Code.
    Sec. 121. <<NOTE: Deadline.>>  No later than 30 days after the end 
of the first quarter of the fiscal year ending September 30, 2000, the 
Mayor of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 2000 revenue estimates as of 
the end of the first quarter of fiscal year 2000. These estimates shall 
be used in the budget request for the fiscal year ending September 30, 
2001. The officially revised estimates at midyear shall be used for the 
midyear report.

    Sec. 122. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth in 
section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the District 
of Columbia government or any agency thereof may renew or extend sole 
source contracts for which competition is not feasible or practical: 
Provided, That the determination as to whether to invoke the competitive 
bidding process has been made in accordance with duly promulgated rules 
and procedures and said determination has been reviewed and approved by 
the District of Columbia Financial Responsibility and Management 
Assistance Authority.
    Sec. 123. For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term 
``program, project, and activity'' shall be synonymous with and refer 
specifically to each account appropriating Federal funds in this Act, 
and any sequestration order shall be applied to each of the accounts 
rather than to the aggregate total of those accounts: Provided, That 
sequestration orders shall not be applied to any account that is 
specifically exempted from sequestration by the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 124. In the event a sequestration order is issued pursuant to 
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 
1037; Public Law 99-177), after the amounts appropriated to the District 
of Columbia for the fiscal year involved

[[Page 113 STAT. 1516]]

have been paid to the District of Columbia, the Mayor of the District of 
Columbia shall pay to the Secretary of the Treasury, within 15 days 
after receipt of a request therefor from the Secretary of the Treasury, 
such amounts as are sequestered by the order: Provided, That the 
sequestration percentage specified in the order shall be applied 
proportionately to each of the Federal appropriation accounts in this 
Act that are not specifically exempted from sequestration by such Act.
    Sec. 125. (a) An entity of the District of Columbia government may 
accept and use a gift or donation during fiscal year 2000 if--
            (1) the Mayor approves the acceptance and use of the gift or 
        donation: Provided, That the Council of the District of Columbia 
        may accept and use gifts without prior approval by the Mayor; 
        and
            (2) the entity uses the gift or donation to carry out its 
        authorized functions or duties.

    (b) <<NOTE: Records.>>  Each entity of the District of Columbia 
government shall keep accurate and detailed records of the acceptance 
and use of any gift or donation under subsection (a) of this section, 
and shall make such records available for audit and public inspection.

    (c) For the purposes of this section, the term ``entity of the 
District of Columbia government'' includes an independent agency of the 
District of Columbia.
    (d) This section shall not apply to the District of Columbia Board 
of Education, which may, pursuant to the laws and regulations of the 
District of Columbia, accept and use gifts to the public schools without 
prior approval by the Mayor.
    Sec. 126. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Code, sec. 1-113(d)).
    Sec. 127. <<NOTE: Deadline. Reports.>>  (a) The University of the 
District of Columbia shall submit to the Mayor, the District of Columbia 
Financial Responsibility and Management Assistance Authority and the 
Council of the District of Columbia no later than 15 calendar days after 
the end of each quarter a report that sets forth--
            (1) current quarter expenditures and obligations, year-to-
        date expenditures and obligations, and total fiscal year 
        expenditure projections versus budget broken out on the basis of 
        control center, responsibility center, and object class, and for 
        all funds, non-appropriated funds, and capital financing;
            (2) a list of each account for which spending is frozen and 
        the amount of funds frozen, broken out by control center, 
        responsibility center, detailed object, and for all funding 
        sources;
            (3) a list of all active contracts in excess of $10,000 
        annually, which contains the name of each contractor; the budget 
        to which the contract is charged, broken out on the basis of 
        control center and responsibility center, and contract 
        identifying codes used by the University of the District of 
        Columbia; payments made in the last quarter and year-to-date, 
        the total amount of the contract and total payments made for the 
        contract and any modifications, extensions,

[[Page 113 STAT. 1517]]

        renewals; and specific modifications made to each contract in 
        the last month;
            (4) all reprogramming requests and reports that have been 
        made by the University of the District of Columbia within the 
        last quarter in compliance with applicable law; and
            (5) changes made in the last quarter to the organizational 
        structure of the University of the District of Columbia, 
        displaying previous and current control centers and 
        responsibility centers, the names of the organizational entities 
        that have been changed, the name of the staff member supervising 
        each entity affected, and the reasons for the structural change.

    (b) The Mayor, the Authority, and the Council shall provide the 
Congress by February 1, 2000, a summary, analysis, and recommendations 
on the information provided in the quarterly reports.
    Sec. 128. Funds authorized or previously appropriated to the 
government of the District of Columbia by this or any other Act to 
procure the necessary hardware and installation of new software, 
conversion, testing, and training to improve or replace its financial 
management system are also available for the acquisition of accounting 
and financial management services and the leasing of necessary hardware, 
software or any other related goods or services, as determined by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority.
    Sec. 129. (a) None of the funds contained in this Act may be made 
available to pay the fees of an attorney who represents a party who 
prevails in an action, including an administrative proceeding, brought 
against the District of Columbia Public Schools under the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
            (1) the hourly rate of compensation of the attorney exceeds 
        120 percent of the hourly rate of compensation under section 11-
        2604(a), District of Columbia Code; or
            (2) the maximum amount of compensation of the attorney 
        exceeds 120 percent of the maximum amount of compensation under 
        section 11-2604(b)(1), District of Columbia Code, except that 
        compensation and reimbursement in excess of such maximum may be 
        approved for extended or complex representation in accordance 
        with section 11-2604(c), District of Columbia Code.

    (b) <<NOTE: Memorandums.>>  Notwithstanding the preceding 
subsection, if the Mayor, District of Columbia Financial Responsibility 
and Management Assistance Authority and the Superintendent of the 
District of Columbia Public Schools concur in a Memorandum of 
Understanding setting forth a new rate and amount of compensation, then 
such new rates shall apply in lieu of the rates set forth in the 
preceding subsection.

    Sec. 130. <<NOTE: Abortion.>>  None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 131. <<NOTE: Domestic partners.>>  None of the funds made 
available in this Act may be used to implement or enforce the Health 
Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
1401 et seq.) or to otherwise implement or enforce any system of 
registration of unmarried, cohabiting couples (whether homosexual, 
heterosexual, or lesbian), including but not limited to registration for 
the purpose of extending employment, health, or governmental

[[Page 113 STAT. 1518]]

benefits to such couples on the same basis that such benefits are 
extended to legally married couples.

    Sec. 132. <<NOTE: Deadline. Reports.>>  The Superintendent of the 
District of Columbia Public Schools shall submit to the Congress, the 
Mayor, the District of Columbia Financial Responsibility and Management 
Assistance Authority, and the Council of the District of Columbia no 
later than 15 calendar days after the end of each quarter a report that 
sets forth--
            (1) current quarter expenditures and obligations, year-to-
        date expenditures and obligations, and total fiscal year 
        expenditure projections versus budget, broken out on the basis 
        of control center, responsibility center, agency reporting code, 
        and object class, and for all funds, including capital 
        financing;
            (2) a list of each account for which spending is frozen and 
        the amount of funds frozen, broken out by control center, 
        responsibility center, detailed object, and agency reporting 
        code, and for all funding sources;
            (3) a list of all active contracts in excess of $10,000 
        annually, which contains the name of each contractor; the budget 
        to which the contract is charged, broken out on the basis of 
        control center, responsibility center, and agency reporting 
        code; and contract identifying codes used by the District of 
        Columbia Public Schools; payments made in the last quarter and 
        year-to-date, the total amount of the contract and total 
        payments made for the contract and any modifications, 
        extensions, renewals; and specific modifications made to each 
        contract in the last month;
            (4) all reprogramming requests and reports that are required 
        to be, and have been, submitted to the Board of Education; and
            (5) changes made in the last quarter to the organizational 
        structure of the District of Columbia Public Schools, displaying 
        previous and current control centers and responsibility centers, 
        the names of the organizational entities that have been changed, 
        the name of the staff member supervising each entity affected, 
        and the reasons for the structural change.

    Sec. 133. <<NOTE: Reports.>>  (a) In General.--The Superintendent of 
the District of Columbia Public Schools and the University of the 
District of Columbia shall annually compile an accurate and verifiable 
report on the positions and employees in the public school system and 
the university, respectively. The annual report shall set forth--
            (1) the number of validated schedule A positions in the 
        District of Columbia public schools and the University of the 
        District of Columbia for fiscal year 1999, fiscal year 2000, and 
        thereafter on full-time equivalent basis, including a 
        compilation of all positions by control center, responsibility 
        center, funding source, position type, position title, pay plan, 
        grade, and annual salary; and
            (2) a compilation of all employees in the District of 
        Columbia public schools and the University of the District of 
        Columbia as of the preceding December 31, verified as to its 
        accuracy in accordance with the functions that each employee 
        actually performs, by control center, responsibility center, 
        agency reporting code, program (including funding source), 
        activity, location for accounting purposes, job title, grade and 
        classification, annual salary, and position control number.

[[Page 113 STAT. 1519]]

    (b) Submission.--The annual report required by subsection (a) of 
this section shall be submitted to the Congress, the Mayor, the District 
of Columbia Council, the Consensus Commission, and the Authority, not 
later than February 15 of each year.
    Sec. 134. <<NOTE: Deadline. Budget.>>  (a) No later than November 1, 
1999, or within 30 calendar days after the date of the enactment of this 
Act, whichever occurs later, and each succeeding year, the 
Superintendent of the District of Columbia Public Schools and the 
University of the District of Columbia shall submit to the appropriate 
congressional committees, the Mayor, the District of Columbia Council, 
the Consensus Commission, and the District of Columbia Financial 
Responsibility and Management Assistance Authority, a revised 
appropriated funds operating budget for the public school system and the 
University of the District of Columbia for such fiscal year that is in 
the total amount of the approved appropriation and that realigns 
budgeted data for personal services and other-than-personal services, 
respectively, with anticipated actual expenditures.

    (b) The revised budget required by subsection (a) of this section 
shall be submitted in the format of the budget that the Superintendent 
of the District of Columbia Public Schools and the University of the 
District of Columbia submit to the Mayor of the District of Columbia for 
inclusion in the Mayor's budget submission to the Council of the 
District of Columbia pursuant to section 442 of the District of Columbia 
Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
    Sec. 135. The District of Columbia Financial Responsibility and 
Management Assistance Authority, acting on behalf of the District of 
Columbia Public Schools (DCPS) in formulating the DCPS budget, the Board 
of Trustees of the University of the District of Columbia, the Board of 
Library Trustees, and the Board of Governors of the University of the 
District of Columbia School of Law shall vote on and approve the 
respective annual or revised budgets for such entities before submission 
to the Mayor of the District of Columbia for inclusion in the Mayor's 
budget submission to the Council of the District of Columbia in 
accordance with section 442 of the District of Columbia Home Rule Act 
(Public Law 93-198; D.C. Code, sec. 47-301), or before submitting their 
respective budgets directly to the Council.
    Sec. 136. (a) Ceiling on Total Operating Expenses.--
            (1) In general.--Notwithstanding any other provision of law, 
        the total amount appropriated in this Act for operating expenses 
        for the District of Columbia for fiscal year 2000 under the 
        heading ``Division of Expenses'' shall not exceed the lesser 
        of--
                    (A) the sum of the total revenues of the District of 
                Columbia for such fiscal year; or
                    (B) $5,515,379,000 (of which $152,753,000 shall be 
                from intra-District funds and $3,113,854,000 shall be 
                from local funds), which amount may be increased by the 
                following:
                          (i) proceeds of one-time transactions, which 
                      are expended for emergency or unanticipated 
                      operating or capital needs approved by the 
                      District of Columbia Financial Responsibility and 
                      Management Assistance Authority; or
                          (ii) after notification to the Council, 
                      additional expenditures which the Chief Financial 
                      Officer of the

[[Page 113 STAT. 1520]]

                      District of Columbia certifies will produce 
                      additional revenues during such fiscal year at 
                      least equal to 200 percent of such additional 
                      expenditures, and that are approved by the 
                      Authority.
            (2) Enforcement.--The Chief Financial Officer of the 
        District of Columbia and the Authority shall take such steps as 
        are necessary to assure that the District of Columbia meets the 
        requirements of this section, including the apportioning by the 
        Chief Financial Officer of the appropriations and funds made 
        available to the District during fiscal year 2000, except that 
        the Chief Financial Officer may not reprogram for operating 
        expenses any funds derived from bonds, notes, or other 
        obligations issued for capital projects.

    (b) Acceptance and Use of Grants Not Included in Ceiling.--
            (1) In general.--Notwithstanding subsection (a), the Mayor, 
        in consultation with the Chief Financial Officer, during a 
        control year, as defined in section 305(4) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995 (Public Law 104-8; 109 Stat. 152), may accept, obligate, 
        and expend Federal, private, and other grants received by the 
        District government that are not reflected in the amounts 
        appropriated in this Act.
            (2) Requirement of chief financial officer report and 
        authority approval.--No such Federal, private, or other grant 
        may be accepted, obligated, or expended pursuant to paragraph 
        (1) until--
                    (A) the Chief Financial Officer of the District of 
                Columbia submits to the Authority a report setting forth 
                detailed information regarding such grant; and
                    (B) the Authority has reviewed and approved the 
                acceptance, obligation, and expenditure of such grant in 
                accordance with review and approval procedures 
                consistent with the provisions of the District of 
                Columbia Financial Responsibility and Management 
                Assistance Act of 1995.
            (3) Prohibition on spending in anticipation of approval or 
        receipt.--No amount may be obligated or expended from the 
        general fund or other funds of the District government in 
        anticipation of the approval or receipt of a grant under 
        paragraph (2)(B) of this subsection or in anticipation of the 
        approval or receipt of a Federal, private, or other grant not 
        subject to such paragraph.
            (4) Quarterly reports.--The Chief Financial Officer of the 
        District of Columbia shall prepare a quarterly report setting 
        forth detailed information regarding all Federal, private, and 
        other grants subject to this subsection. <<NOTE: Deadline.>>  
        Each such report shall be submitted to the Council of the 
        District of Columbia, and to the Committees on Appropriations of 
        the House of Representatives and the Senate, not later than 15 
        days after the end of the quarter covered by the report.

    (c) <<NOTE: Deadline.>>  Report on Expenditures by Financial 
Responsibility and Management Assistance Authority.--Not later than 20 
calendar days after the end of each fiscal quarter starting October 1, 
1999, the Authority shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Government Reform of the House, and the Committee on 
Governmental Affairs of the Senate providing an itemized

[[Page 113 STAT. 1521]]

accounting of all non-appropriated funds obligated or expended by the 
Authority for the quarter. The report shall include information on the 
date, amount, purpose, and vendor name, and a description of the 
services or goods provided with respect to the expenditures of such 
funds.

    Sec. 137. If a department or agency of the government of the 
District of Columbia is under the administration of a court-appointed 
receiver or other court-appointed official during fiscal year 2000 or 
any succeeding fiscal year, the receiver or official shall prepare and 
submit to the Mayor, for inclusion in the annual budget of the District 
of Columbia for the year, annual estimates of the expenditures and 
appropriations necessary for the maintenance and operation of the 
department or agency. All such estimates shall be forwarded by the Mayor 
to the Council, for its action pursuant to sections 446 and 603(c) of 
the District of Columbia Home Rule Act, without revision but subject to 
the Mayor's recommendations. Notwithstanding any provision of the 
District of Columbia Home Rule Act (87 Stat. 774; Public Law 93-198) the 
Council may comment or make recommendations concerning such annual 
estimates but shall have no authority under such Act to revise such 
estimates.
    Sec. 138. (a) Notwithstanding any other provision of law, rule, or 
regulation, an employee of the District of Columbia public schools shall 
be--
            (1) classified as an Educational Service employee;
            (2) placed under the personnel authority of the Board of 
        Education; and
            (3) subject to all Board of Education rules.

    (b) School-based personnel shall constitute a separate competitive 
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
    Sec. 139. (a) Restrictions on Use of Official Vehicles.--Except as 
otherwise provided in this section, none of the funds made available by 
this Act or by any other Act may be used to provide any officer or 
employee of the District of Columbia with an official vehicle unless the 
officer or employee uses the vehicle only in the performance of the 
officer's or employee's official duties. For purposes of this paragraph, 
the term ``official duties'' does not include travel between the 
officer's or employee's residence and workplace (except: (1) in the case 
of an officer or employee of the Metropolitan Police Department who 
resides in the District of Columbia or is otherwise designated by the 
Chief of the Department; (2) at the discretion of the Fire Chief, an 
officer or employee of the District of Columbia Fire and Emergency 
Medical Services Department who resides in the District of Columbia and 
is on call 24 hours a day; (3) the Mayor of the District of Columbia; 
and (4) the Chairman of the Council of the District of Columbia).
    (b) Inventory of Vehicles.--The Chief Financial Officer of the 
District of Columbia shall submit, by November 15, 1999, an inventory, 
as of September 30, 1999, of all vehicles owned, leased or operated by 
the District of Columbia government. The inventory shall include, but 
not be limited to, the department to which the vehicle is assigned; the 
year and make of the vehicle; the acquisition date and cost; the general 
condition of the vehicle; annual operating and maintenance costs; 
current mileage; and whether the vehicle is allowed to be taken home by 
a District officer or employee and if so, the officer or employee's 
title and resident location.

[[Page 113 STAT. 1522]]

    Sec. 140. (a) Source of Payment for Employees Detailed Within 
Government.--For purposes of determining the amount of funds expended by 
any entity within the District of Columbia government during fiscal year 
2000 and each succeeding fiscal year, any expenditures of the District 
government attributable to any officer or employee of the District 
government who provides services which are within the authority and 
jurisdiction of the entity (including any portion of the compensation 
paid to the officer or employee attributable to the time spent in 
providing such services) shall be treated as expenditures made from the 
entity's budget, without regard to whether the officer or employee is 
assigned to the entity or otherwise treated as an officer or employee of 
the entity.
    (b) Modification of Reduction in Force Procedures.--The District of 
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. 
Code, sec. 1-601.1 et seq.), is further amended in section 2408(a) by 
striking ``1999'' and inserting ``2000''; in subsection (b), by striking 
``1999'' and inserting ``2000''; in subsection (i), by striking ``1999'' 
and inserting ``2000''; and in subsection (k), by striking ``1999'' and 
inserting ``2000''.
    Sec. 141. <<NOTE: Deadline.>>  Notwithstanding any other provision 
of law, not later than 120 days after the date that a District of 
Columbia Public Schools (DCPS) student is referred for evaluation or 
assessment--
            (1) the District of Columbia Board of Education, or its 
        successor, and DCPS shall assess or evaluate a student who may 
        have a disability and who may require special education 
        services; and
            (2) if a student is classified as having a disability, as 
        defined in section 101(a)(1) of the Individuals with 
        Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) 
        or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat. 
        359; 29 U.S.C. 706(8)), the Board and DCPS shall place that 
        student in an appropriate program of special education services.

    Sec. 142. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
the Buy American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products 
        to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, the 
        head of each agency of the Federal or District of Columbia 
        government shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) by the 
        Congress.

    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally

[[Page 113 STAT. 1523]]

determined by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or any 
inscription with the same meaning, to any product sold in or shipped to 
the United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made with 
funds made available in this Act, pursuant to the debarment, suspension, 
and ineligibility procedures described in sections 9.400 through 9.409 
of title 48, Code of Federal Regulations.
    Sec. 143. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government (including the District of Columbia Financial Responsibility 
and Management Assistance Authority) for fiscal year 2000 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia pursuant to section 208(a)(4) of the 
        District of Columbia Procurement Practices Act of 1985 (D.C. 
        Code, sec. 1-1182.8(a)(4)); and
            (2) the audit includes a comparison of audited actual year-
        end results with the revenues submitted in the budget document 
        for such year and the appropriations enacted into law for such 
        year.

    Sec. 144. Nothing in this Act shall be construed to authorize any 
office, agency or entity to expend funds for programs or functions for 
which a reorganization plan is required but has not been approved by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority. Appropriations made by this Act for such programs or 
functions are conditioned only on the approval by the Authority of the 
required reorganization plans.
    Sec. 145. Notwithstanding any other provision of law, rule, or 
regulation, the evaluation process and instruments for evaluating 
District of Columbia Public School employees shall be a non-negotiable 
item for collective bargaining purposes.
    Sec. 146. None of the funds contained in this Act may be used by the 
District of Columbia Corporation Counsel or any other officer or entity 
of the District government to provide assistance for any petition drive 
or civil action which seeks to require Congress to provide for voting 
representation in Congress for the District of Columbia.
    Sec. 147. None of the funds contained in this Act may be used to 
transfer or confine inmates classified above the medium security level, 
as defined by the Federal Bureau of Prisons classification instrument, 
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
    Sec. 148. (a) Section 202(i) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (Public Law 104-8), 
as added by section 155 of the District of Columbia Appropriations Act, 
1999, <<NOTE: 112 Stat. 2681-146.>>  is amended to read as follows:

    ``( j) Reserve.--
            ``(1) <<NOTE: Effective date.>>  In general.--Beginning with 
        fiscal year 2000, the plan or budget submitted pursuant to this 
        Act shall contain $150,000,000 for a reserve to be established 
        by the Mayor, Council of the District of Columbia, Chief 
        Financial Officer for the District of Columbia, and the District 
        of Columbia Financial Responsibility and Management Assistance 
        Authority.
            ``(2) Conditions on use.--The reserve funds--

[[Page 113 STAT. 1524]]

                    ``(A) shall only be expended according to criteria 
                established by the Chief Financial Officer and approved 
                by the Mayor, Council of the District of Columbia, and 
                District of Columbia Financial Responsibility and 
                Management Assistance Authority, but, in no case may any 
                of the reserve funds be expended until any other surplus 
                funds have been used;
                    ``(B) shall not be used to fund the agencies of the 
                District of Columbia government under court ordered 
                receivership; and
                    ``(C) shall not be used to fund shortfalls in the 
                projected reductions budgeted in the budget proposed by 
                the District of Columbia government for general supply 
                schedule savings and management reform savings.
            ``(3) <<NOTE: Notification.>>  Report requirement.--The 
        Authority shall notify the Appropriations Committees of both the 
        Senate and House of Representatives in writing 30 days in 
        advance of any expenditure of the reserve funds.''.

    (b) Section 202 of such Act (Public Law 104-8), as amended by 
subsection (a), is further amended by adding at the end the following:
    ``(k) Positive Fund Balance.--
            ``(1) In general.--The District of Columbia shall maintain 
        at the end of a fiscal year an annual positive fund balance in 
        the general fund of not less than 4 percent of the projected 
        general fund expenditures for the following fiscal year.
            ``(2) Excess funds.--Of funds remaining in excess of the 
        amounts required by paragraph (1)--
                    ``(A) not more than 50 percent may be used for 
                authorized non-recurring expenses; and
                    ``(B) not less than 50 percent shall be used to 
                reduce the debt of the District of Columbia.''.

    Sec. 149. <<NOTE: Deadline. Budget.>>  (a) No later than November 1, 
1999, or within 30 calendar days after the date of the enactment of this 
Act, whichever occurs later, the Chief Financial Officer of the District 
of Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the District of Columbia Financial Responsibility and 
Management Assistance Authority a revised appropriated funds operating 
budget for all agencies of the District of Columbia government for such 
fiscal year that is in the total amount of the approved appropriation 
and that realigns budgeted data for personal services and other-than-
personal-services, respectively, with anticipated actual expenditures.

    (b) The revised budget required by subsection (a) of this section 
shall be submitted in the format of the budget that the District of 
Columbia government submitted pursuant to section 442 of the District of 
Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
    Sec. 150. <<NOTE: Needle exchange.>>  (a) None of the funds 
contained in this Act may be used for any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 151. (a) Restrictions on Leases.--Upon the expiration of the 
60-day period that begins on the date of the enactment

[[Page 113 STAT. 1525]]

of this Act, none of the funds contained in this Act may be used to make 
rental payments under a lease for the use of real property by the 
District of Columbia government (including any independent agency of the 
District) unless the lease and an abstract of the lease have been filed 
(by the District of Columbia or any other party to the lease) with the 
central office of the Deputy Mayor for Economic Development, in an 
indexed registry available for public inspection.
    (b) Additional Restrictions on Current Leases.--
            (1) In general.--Upon the expiration of the 60-day period 
        that begins on the date of the enactment of this Act, in the 
        case of a lease described in paragraph (3), none of the funds 
        contained in this Act may be used to make rental payments under 
        the lease unless the lease is included in periodic reports 
        submitted by the Mayor and Council of the District of Columbia 
        to the Committees on Appropriations of the House of 
        Representatives and Senate describing for each such lease the 
        following information:
                    (A) The location of the property involved, the name 
                of the owners of record according to the land records of 
                the District of Columbia, the name of the lessors 
                according to the lease, the rate of payment under the 
                lease, the period of time covered by the lease, and the 
                conditions under which the lease may be terminated.
                    (B) The extent to which the property is or is not 
                occupied by the District of Columbia government as of 
                the end of the reporting period involved.
                    (C) If the property is not occupied and utilized by 
                the District government as of the end of the reporting 
                period involved, a plan for occupying and utilizing the 
                property (including construction or renovation work) or 
                a status statement regarding any efforts by the District 
                to terminate or renegotiate the lease.
            (2) Timing of reports.--The reports described in paragraph 
        (1) shall be submitted for each calendar quarter (beginning with 
        the quarter ending December 31, 1999) not later than 20 days 
        after the end of the quarter involved, plus an initial report 
        submitted not later than 60 days after the date of the enactment 
        of this Act, which shall provide information as of the date of 
        the enactment of this Act.
            (3) Leases described.--A lease described in this paragraph 
        is a lease in effect as of the date of the enactment of this Act 
        for the use of real property by the District of Columbia 
        government (including any independent agency of the District) 
        which is not being occupied by the District government 
        (including any independent agency of the District) as of such 
        date or during the 60-day period which begins on the date of the 
        enactment of this Act.

    Sec. 152. (a) Management of Existing District Government Property.--
Upon the expiration of the 60-day period that begins on the date of the 
enactment of this Act, none of the funds contained in this Act may be 
used to enter into a lease (or to make rental payments under such a 
lease) for the use of real property by the District of Columbia 
government (including any independent agency of the District) or to 
purchase real property for the use of the District of Columbia 
government (including any independent agency of the District) or to 
manage real property for the use

[[Page 113 STAT. 1526]]

of the District of Columbia (including any independent agency of the 
District) unless the following conditions are met:
            (1) <<NOTE: Certification.>>  The Mayor and Council of the 
        District of Columbia certify to the Committees on Appropriations 
        of the House of Representatives and Senate that existing real 
        property available to the District (whether leased or owned by 
        the District government) is not suitable for the purposes 
        intended.
            (2) Notwithstanding any other provisions of law, there is 
        made available for sale or lease all real property of the 
        District of Columbia that the Mayor from time-to-time determines 
        is surplus to the needs of the District of Columbia, unless a 
        majority of the members of the Council override the Mayor's 
        determination during the 30-day period which begins on the date 
        the determination is published.
            (3) The Mayor and Council implement a program for the 
        periodic survey of all District property to determine if it is 
        surplus to the needs of the District.
            (4) <<NOTE: Deadline. Reports.>>  The Mayor and Council 
        within 60 days of the date of the enactment of this Act have 
        filed with the Committees on Appropriations of the House of 
        Representatives and Senate, the Committee on Government Reform 
        and Oversight of the House of Representatives, and the Committee 
        on Governmental Affairs of the Senate a report which provides a 
        comprehensive plan for the management of District of Columbia 
        real property assets, and are proceeding with the implementation 
        of the plan.

    (b) Termination of Provisions.--If the District of Columbia enacts 
legislation to reform the practices and procedures governing the 
entering into of leases for the use of real property by the District of 
Columbia government and the disposition of surplus real property of the 
District government, the provisions of subsection (a) shall cease to be 
effective upon the effective date of the legislation.
    Sec. 153. Section 603(e)(2)(B) of the Student Loan Marketing 
Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 
3009-293) is amended--
            (1) by inserting ``and public charter'' after ``public''; 
        and
            (2) by adding at the end the following: ``Of such amounts 
        and proceeds, $5,000,000 shall be set aside for use as a credit 
        enhancement fund for public charter schools in the District of 
        Columbia, with the administration of the fund (including the 
        making of loans) to be carried out by the Mayor through a 
        committee consisting of three individuals appointed by the Mayor 
        of the District of Columbia and two individuals appointed by the 
        Public Charter School Board established under section 2214 of 
        the District of Columbia School Reform Act of 1995.''.

    Sec. 154. <<NOTE: Deadline.>>  The Mayor, District of Columbia 
Financial Responsibility and Management Assistance Authority, and the 
Superintendent of Schools shall implement a process to dispose of excess 
public school real property within 90 days of the enactment of this Act.

    Sec. 155. Section 2003 of the District of Columbia School Reform Act 
of 1995 (Public Law 104-134; D.C. Code, sec. 31-2851) is amended by 
striking ``during the period'' and ``and ending 5 years after such 
date.''.
    Sec. 156. Section 2206(c) of the District of Columbia School Reform 
Act of 1995 (Public Law 104-134; D.C. Code, sec. 31-

[[Page 113 STAT. 1527]]

2853.16(c)) is amended by adding at the end the following: ``, except 
that a preference in admission may be given to an applicant who is a 
sibling of a student already attending or selected for admission to the 
public charter school in which the applicant is seeking enrollment.''.
    Sec. 157. (a) Transfer of Funds.--There is hereby transferred from 
the District of Columbia Financial Responsibility and Management 
Assistance Authority (hereafter referred to as the ``Authority'') to the 
District of Columbia the sum of $18,000,000 for severance payments to 
individuals separated from employment during fiscal year 2000 (under 
such terms and conditions as the Mayor considers appropriate), expanded 
contracting authority of the Mayor, and the implementation of a system 
of managed competition among public and private providers of goods and 
services by and on behalf of the District of Columbia: Provided, That 
such funds shall be used only in accordance with a plan agreed to by the 
Council and the Mayor and approved by the Committees on Appropriations 
of the House of Representatives and the Senate: Provided further, That 
the Authority and the Mayor shall coordinate the spending of funds for 
this program so that continuous progress is made. The Authority shall 
release said funds, on a quarterly basis, to reimburse such expenses, so 
long as the Authority certifies that the expenses reduce re-occurring 
future costs at an annual ratio of at least 2 to 1 relative to the funds 
provided, and that the program is in accordance with the best practices 
of municipal government.
    (b) Source of Funds.--The amount transferred under subsection (a) 
shall be derived from interest earned on accounts held by the Authority 
on behalf of the District of Columbia.
    Sec. 158. (a) In General.--The District of Columbia Financial 
Responsibility and Management Assistance Authority (hereafter referred 
to as the ``Authority''), working with the Commonwealth of Virginia and 
the Director of the National Park Service, shall carry out a project to 
complete all design requirements and all requirements for compliance 
with the National Environmental Policy Act for the construction of 
expanded lane capacity for the Fourteenth Street Bridge.
    (b) Source of Funds; Transfer.--For purposes of carrying out the 
project under subsection (a), there is hereby transferred to the 
Authority from the District of Columbia dedicated highway fund 
established pursuant to section 3(a) of the District of Columbia 
Emergency Highway Relief Act (Public Law 104-21; D.C. Code, sec. 7-
134.2(a)) an amount not to exceed $5,000,000.
    Sec. 159. (a) In General.--The Mayor of the District of Columbia 
shall carry out through the Army Corps of Engineers, an Anacostia River 
environmental cleanup program.
    (b) Source of Funds.--There are hereby transferred to the Mayor from 
the escrow account held by the District of Columbia Financial 
Responsibility and Management Assistance Authority pursuant to section 
134 of division A of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-552), for 
infrastructure needs of the District of Columbia, $5,000,000.
    Sec. 160. (a) Prohibiting Payment of Administrative Costs From 
Fund.--Section 16(e) of the Victims of Violent Crime Compensation Act of 
1996 (D.C. Code, sec. 3-435(e)) is amended--

[[Page 113 STAT. 1528]]

            (1) by striking ``and administrative costs necessary to 
        carry out this chapter''; and
            (2) by striking the period at the end and inserting the 
        following: ``, and no monies in the Fund may be used for any 
        other purpose.''.

    (b) Maintenance of Fund in Treasury of the United States.--
            (1) In general.--Section 16(a) of such Act (D.C. Code, sec. 
        3-435(a)) is amended by striking the second sentence and 
        inserting the following: ``The Fund shall be maintained as a 
        separate fund in the Treasury of the United States. All amounts 
        deposited to the credit of the Fund are appropriated without 
        fiscal year limitation to make payments as authorized under 
        subsection (e).''.
            (2) Conforming amendment.--Section 16 of such Act (D.C. 
        Code, sec. 3-435) is amended by striking subsection (d).

    (c) Deposit of Other Fees and Receipts Into Fund.--Section 16(c) of 
such Act (D.C. Code, sec. 3-435(c)) is amended by inserting after 
``1997,'' the second place it appears the following: ``any other fines, 
fees, penalties, or assessments that the Court determines necessary to 
carry out the purposes of the Fund,''.
    (d) Annual Transfer of Unobligated Balances to Miscellaneous 
Receipts of Treasury.--Section 16 of such Act (D.C. Code, sec. 3-435), 
as amended by subsection (b)(2), is further amended by inserting after 
subsection (c) the following new subsection:
    ``(d) Any unobligated balance existing in the Fund in excess of 
$250,000 as of the end of each fiscal year (beginning with fiscal year 
2000) shall be transferred to miscellaneous receipts of the Treasury of 
the United States not later than 30 days after the end of the fiscal 
year.''.
    (e) Ratification of Payments and Deposits.--Any payments made from 
or deposits made to the Crime Victims Compensation Fund on or after 
April 9, 1997 are hereby ratified, to the extent such payments and 
deposits are authorized under the Victims of Violent Crime Compensation 
Act of 1996 (D.C. Code, sec. 3-421 et seq.), as amended by this section.
    Sec. 161. Certification.--None of the funds contained in this Act 
may be used after the expiration of the 60-day period that begins on the 
date of the enactment of this Act to pay the salary of any chief 
financial officer of any office of the District of Columbia government 
(including any independent agency of the District) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and their agency as a result of 
this Act.
    Sec. 162. The proposed budget of the government of the District of 
Columbia for fiscal year 2001 that is submitted by the District to 
Congress shall specify potential adjustments that might become necessary 
in the event that the management savings achieved by the District during 
the year do not meet the level of management savings projected by the 
District under the proposed budget.
    Sec. 163. In submitting any document showing the budget for an 
office of the District of Columbia government (including an independent 
agency of the District) that contains a category of activities labeled 
as ``other'', ``miscellaneous'', or a similar general, nondescriptive 
term, the document shall include a description of

[[Page 113 STAT. 1529]]

the types of activities covered in the category and a detailed breakdown 
of the amount allocated for each such activity.
    Sec. 164. (a) Authorizing Corps of Engineers To Perform Repairs and 
Improvements.--In using the funds made available under this Act for 
carrying out improvements to the Southwest Waterfront in the District of 
Columbia (including upgrading marina dock pilings and paving and 
restoring walkways in the marina and fish market areas) for the portions 
of Federal property in the Southwest quadrant of the District of 
Columbia within Lots 847 and 848, a portion of Lot 846, and the 
unassessed Federal real property adjacent to Lot 848 in Square 473, any 
entity of the District of Columbia government (including the District of 
Columbia Financial Responsibility and Management Assistance Authority or 
its designee) may place orders for engineering and construction and 
related services with the Chief of Engineers of the United States Army 
Corps of Engineers. The Chief of Engineers may accept such orders on a 
reimbursable basis and may provide any part of such services by 
contract. In providing such services, the Chief of Engineers shall 
follow the Federal Acquisition Regulations and the implementing 
Department of Defense regulations.
    (b) Timing for Availability of Funds Under 1999 Act.--
            (1) In general.--The District of Columbia Appropriations 
        Act, 1999 (Public Law 105-277; 112 Stat. 2681-124) is amended in 
        the item relating to ``FEDERAL FUNDS--Federal Payment for 
        Waterfront Improvements''--
                    (A) by striking ``existing lessees'' the first place 
                it appears and inserting ``existing lessees of the 
                Marina''; and
                    (B) by striking ``the existing lessees'' the second 
                place it appears and inserting ``such lessees''.
            (2) Effective date.--This subsection shall take effect as if 
        included in the District of Columbia Appropriations Act, 1999.

    (c) Additional Funding for Improvements Carried Out Through Corps of 
Engineers.--
            (1) In general.--There is hereby transferred from the 
        District of Columbia Financial Responsibility and Management 
        Assistance Authority to the Mayor the sum of $3,000,000 for 
        carrying out the improvements described in subsection (a) 
        through the Chief of Engineers of the United States Army Corps 
        of Engineers.
            (2) Source of funds.--The funds transferred under paragraph 
        (1) shall be derived from the escrow account held by the 
        District of Columbia Financial Responsibility and Management 
        Assistance Authority pursuant to section 134 of division A of 
        the Omnibus Consolidated and Emergency Supplemental 
        Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
        552), for infrastructure needs of the District of Columbia.

    (d) Quarterly Reports on Project.--The Mayor shall submit reports to 
the Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate on the status of the 
improvements described in subsection (a) for each calendar quarter 
occurring until the improvements are completed.
    Sec. 165. It is the sense of the Congress that the District of 
Columbia should not impose or take into consideration any height, square 
footage, set-back, or other construction or zoning

[[Page 113 STAT. 1530]]

requirements in authorizing the issuance of industrial revenue bonds for 
a project of the American National Red Cross at 2025 E Street Northwest, 
Washington, D.C., in as much as this project is subject to approval of 
the National Capital Planning Commission and the Commission of Fine Arts 
pursuant to section 11 of the joint resolution entitled ``Joint 
Resolution to grant authority for the erection of a permanent building 
for the American National Red Cross, District of Columbia Chapter, 
Washington, District of Columbia'', approved July 1, 1947 (Public Law 
100-637; 36 U.S.C. 300108 note).
    Sec. 166. (a) Permitting Court Services and Offender Supervision 
Agency To Carry Out Sex Offender Registration.--Section 11233(c) of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997 (D.C. Code, sec. 24-1233(c)) is amended by adding at the end the 
following new paragraph:
            ``(5) Sex offender registration.--The Agency shall carry out 
        sex offender registration functions in the District of Columbia, 
        and shall have the authority to exercise all powers and 
        functions relating to sex offender registration that are granted 
        to the Agency under any District of Columbia law.''.

    (b) Authority During Transition to Full Operation of Agency.--
            (1) Authority of pretrial services, parole, adult probation 
        and offender supervision trustee.--Notwithstanding section 
        11232(b)(1) of the National Capital Revitalization and Self-
        Government Improvement Act of 1997 (D.C. Code, sec. 24-
        1232(b)(1)), the Pretrial Services, Parole, Adult Probation and 
        Offender Supervision Trustee appointed under section 11232(a) of 
        such Act (hereafter referred to as the ``Trustee'') shall, in 
        accordance with section 11232 of such Act, exercise the powers 
        and functions of the Court Services and Offender Supervision 
        Agency for the District of Columbia (hereafter referred to as 
        the ``Agency'') relating to sex offender registration (as 
        granted to the Agency under any District of Columbia law) only 
        upon the Trustee's certification that the Trustee is able to 
        assume such powers and functions.
            (2) Authority of metropolitan police department.--During the 
        period that begins on the date of the enactment of the Sex 
        Offender Registration Emergency Act of 1999 and ends on the date 
        the Trustee makes the certification described in paragraph (1), 
        the Metropolitan Police Department of the District of Columbia 
        shall have the authority to carry out any powers and functions 
        relating to sex offender registration that are granted to the 
        Agency or to the Trustee under any District of Columbia law.

    Sec. 167. <<NOTE: Marijuana.>>  (a) None of the funds contained in 
this Act may be used to enact or carry out any law, rule, or regulation 
to legalize or otherwise reduce penalties associated with the 
possession, use, or distribution of any schedule I substance under the 
Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols 
derivative.

    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.

[[Page 113 STAT. 1531]]

    Sec. 168. (a) In General.--There is hereby transferred from the 
District of Columbia Financial Responsibility and Management Assistance 
Authority (hereinafter referred to as the ``Authority'') to the District 
of Columbia the sum of $5,000,000 for the Mayor, in consultation with 
the Council of the District of Columbia, to provide offsets against 
local taxes for a commercial revitalization program, such program to be 
available in enterprise zones and low and moderate income areas in the 
District of Columbia: Provided, That in carrying out such a program, the 
Mayor shall use Federal commercial revitalization proposals introduced 
in Congress as a guideline.
    (b) Source of Funds.--The amount transferred under subsection (a) 
shall be derived from interest earned on accounts held by the Authority 
on behalf of the District of Columbia.
    (c) <<NOTE: Deadline.>>  Report.--Not later than 180 days after the 
date of the enactment of this Act, the Mayor shall report to the 
Committees on Appropriations of the Senate and House of Representatives 
on the progress made in carrying out the commercial revitalization 
program.

    Sec. 169. Section 456 of the District of Columbia Home Rule Act 
(section 47-231 et seq. of the D.C. Code, as added by the Federal 
Payment Reauthorization Act of 1994 (Public Law 103-373)) is amended--
            (1) in subsection (a)(1), by striking ``District of Columbia 
        Financial Responsibility and Management Assistance Authority'' 
        and inserting ``Mayor''; and
            (2) in subsection (b)(1), by striking ``Authority'' and 
        inserting ``Mayor''.

    Sec. 170. (a) Findings.--The Congress finds the following:
            (1) The District of Columbia has recently witnessed a spate 
        of senseless killings of innocent citizens caught in the 
        crossfire of shootings. A Justice Department crime victimization 
        survey found that while the city saw a decline in the homicide 
        rate between 1996 and 1997, the rate was the highest among a 
        dozen cities and more than double the second highest city.
            (2) The District of Columbia has not made adequate funding 
        available to fight drug abuse in recent years, and the city has 
        not deployed its resources as effectively as possible. In fiscal 
        year 1998, $20,900,000 was spent on publicly funded drug 
        treatment in the District compared to $29,000,000 in fiscal year 
        1993. The District's Addiction and Prevention and Recovery 
        Agency currently has only 2,200 treatment slots, a 50 percent 
        drop from 1994, with more than 1,100 people on waiting lists.
            (3) The District of Columbia has seen a rash of inmate 
        escapes from halfway houses. According to Department of 
        Corrections records, between October 21, 1998 and January 19, 
        1999, 376 of the 1,125 inmates assigned to halfway houses walked 
        away. Nearly 280 of the 376 escapees were awaiting trial 
        including two charged with murder.
            (4) The District of Columbia public schools system faces 
        serious challenges in correcting chronic problems, particularly 
        long-standing deficiencies in providing special education 
        services to the 1 in 10 District students needing program 
        benefits, including backlogged assessments, and repeated failure 
        to meet a compliance agreement on special education reached with 
        the Department of Education.

[[Page 113 STAT. 1532]]

            (5) Deficiencies in the delivery of basic public services 
        from cleaning streets to waiting time at Department of Motor 
        Vehicles to a rat population estimated earlier this year to 
        exceed the human population have generated considerable public 
        frustration.
            (6) Last year, the District of Columbia forfeited millions 
        of dollars in Federal grants after Federal auditors determined 
        that several agencies exceeded grant restrictions and in other 
        instances, failed to spend funds before the grants expired.
            (7) Findings of a 1999 report by the Annie E. Casey 
        Foundation that measured the well-being of children reflected 
        that, with one exception, the District ranked worst in the 
        United States in every category from infant mortality to the 
        rate of teenage births to statistics chronicling child poverty.

    (b) Sense of the Congress.--It is the sense of the Congress that in 
considering the District of Columbia's fiscal year 2001 budget, the 
Congress will take into consideration progress or lack of progress in 
addressing the following issues:
            (1) Crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets.
            (2) Access to drug abuse treatment, including the number of 
        treatment slots, the number of people served, the number of 
        people on waiting lists, and the effectiveness of treatment 
        programs.
            (3) Management of parolees and pretrial violent offenders, 
        including the number of halfway house escapes and steps taken to 
        improve monitoring and supervision of halfway house residents to 
        reduce the number of escapes.
            (4) Education, including access to special education 
        services and student achievement.
            (5) Improvement in basic city services, including rat 
        control and abatement.
            (6) Application for and management of Federal grants.
            (7) Indicators of child well-being.

    Sec. 171. The Mayor, prior to using Federal Medicaid payments to 
Disproportionate Share Hospitals to serve a small number of childless 
adults, should consider the recommendations of the Health Care 
Development Commission that has been appointed by the Council of the 
District of Columbia to review this program, and consult and report to 
Congress on the use of these funds.
    Sec. 172. <<NOTE: Deadline.>>  GAO Study of District of Columbia 
Criminal Justice System. Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a study of the law enforcement, court, prison, 
        probation, parole, and other components of the criminal justice 
        system of the District of Columbia, in order to identify the 
        components most in need of additional resources, including 
        financial, personnel, and management resources; and
            (2) <<NOTE: Reports.>>  submit to Congress a report on the 
        results of the study under paragraph (1).

    Sec. 173. Nothing in this Act bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.

[[Page 113 STAT. 1533]]

    Sec. 174. <<NOTE: Deadline.>>  Wireless Communications.--(a) In 
General.--Not later than 7 days after the date of the enactment of this 
Act, the Secretary of the Interior, acting through the Director of the 
National Park Service, shall--
            (1) implement the notice of decision approved by the 
        National Capital Regional Director, dated April 7, 1999, 
        including the provisions of the notice of decision concerning 
        the issuance of right-of-way permits at market rates; and
            (2) expend such sums as are necessary to carry out paragraph 
        (1).

    (b) Antenna Applications.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 120 
        days after the receipt of an application, a Federal agency that 
        receives an application submitted after the enactment of this 
        Act to locate a wireless communications antenna on Federal 
        property in the District of Columbia or surrounding area over 
        which the Federal agency exercises control shall take final 
        action on the application, including action on the issuance of 
        right-of-way permits at market rates.
            (2) Existing law.--Nothing in this subsection shall be 
        construed to affect the applicability of existing laws 
        regarding--
                    (A) judicial review under chapter 7 of title 5, 
                United States Code (the Administrative Procedure Act), 
                and the Communications Act of 1934;
                    (B) the National Environmental Policy Act, the 
                National Historic Preservation Act and other applicable 
                Federal statutes; and
                    (C) the authority of a State or local government or 
                instrumentality thereof, including the District of 
                Columbia, in the placement, construction, and 
                modification of personal wireless service facilities.

    Sec. 175. (a)(1) The first paragraph under the heading ``Community 
Development Block Grants'' in title II of H.R. 2684 (Public Law 106-
74) <<NOTE: Ante, p. 1061.>>  is amended by inserting after ``National 
American Indian Housing Council,'' the following: ``$4,000,000 shall be 
available as a grant for the Special Olympics in Anchorage, Alaska to 
develop the Ben Boeke Arena and Hilltop Ski Area,''; and

    (2) The paragraph that includes the words ``Economic Development 
Initiative (EDI)'' under the heading ``Community Development Block 
Grants'' in title II of H.R. 2684 (Public Law 106-74) <<NOTE: Ante, p. 
1062.>>  is amended by striking ``$240,000,000'' and inserting 
``$243,500,000''.

    (b) The statement of the managers of the committee of conference 
accompanying H.R. 2684 is deemed to be amended under the heading 
``Community Development Block Grants'' to include in the description of 
targeted economic development initiatives the following:
            ``--$1,000,000 for the New Jersey Community Development 
        Corporation for the construction of the New Jersey Community 
        Development Corporation's Transportation Opportunity Center;
            ``--$750,000 for South Dakota State University in Brookings, 
        South Dakota for the development of a performing arts center;
            ``--$925,000 for the Florida Association of Counties for a 
        Rural Capacity Building Pilot Project in Tallahassee, Florida;
            ``--$500,000 for the Osceola County Agriculture Center for 
        construction of a new and expanded agriculture center in Osceola 
        County, Florida;

[[Page 113 STAT. 1534]]

            ``--$1,000,000 for the University of Syracuse in Syracuse, 
        New York for electrical infrastructure improvements.''; and the 
        current descriptions are amended as follows:
            ``--$1,700,000 to the City of Miami, Florida for the 
        development of a Homeownership Zone to assist residents 
        displaced by the demolition of public housing in the Model City 
        area;'' is amended to read as follows:
            ``--$1,700,000 to Miami-Dade County, Florida for an economic 
        development project at the Opa-locka Neighborhood Center;'';
            ``--$250,000 to the Arizona Science Center in Yuma, Arizona 
        for its after-school program for inner-city youth;'' is amended 
        to read as follows:
            ``--$250,000 to the Arizona Science Center in Phoenix, 
        Arizona for its after-school program for inner-city youth;'';
            ``--$200,000 to the Schuylkill County Fire Fighters 
        Association for a smoke-maze building on the grounds of the 
        firefighters facility in Morea, Pennsylvania;'' is amended to 
        read as follows:
            ``--$200,000 to the Schuylkill County Fire Fighters 
        Association for a smoke-maze building and other facilities and 
        improvements on the grounds of the firefighters facility in 
        Morea, Pennsylvania;''.

    (c) Notwithstanding any other provision of law, the $2,000,000 made 
available pursuant to Public Law 105-276 for Pittsburgh, Pennsylvania to 
redevelop the Sun Co./LTV Steel Site in Hazelwood, Pennsylvania is 
available to the Department of Economic Development in Allegheny County, 
Pennsylvania for the development of a technology based project in the 
county.
    (d) Insert the following new sections at the end of the 
administrative provisions in title II of H.R. 2684 <<NOTE: Ante, p. 
1077.>>  (Public Law 106-74):

             ``fha multifamily mortgage credit demonstration

    ``Sec. 226. Section 542 of the Housing and Community Development Act 
of 1992 is amended--
            ``(1) in subsection (b)(5) by striking `during fiscal year 
        1999' and inserting `in each of the fiscal years 1999 and 2000'; 
        and
            ``(2) in the first sentence of subsection (c)(4) by striking 
        `during fiscal year 1999' and inserting `in each of fiscal years 
        1999 and 2000'.

                       ``drug elimination program

    ``Sec. 227. (a) Section 5126(4) of the Public and Assisted Housing 
Drug Elimination Act of 1990 is amended--
            ``(1) in subparagraph (B), by inserting after `1965;' the 
        following: `or';
            ``(2) in subparagraph (C), by striking `1937: or' and 
        inserting `1937.'; and
            ``(3) by striking subparagraph (D).

    ``(b) <<NOTE: Effective date.>>  The amendments made by subsection 
(a) shall be construed to have taken effect on October 21, 1998.''.

    (e) The current description in the statement of the managers of the 
committee of conference accompanying H.R. 2684 (Public Law 106-74; House 
Report No. 106-379) under the heading ``Community Development Block 
Grants'' in title II is amended as follows:

[[Page 113 STAT. 1535]]

            ``--$500,000 to the City of Citrus Heights, California for 
        the revitalization of the Sunrise Mall;'' is amended to read as 
        follows:
            ``--$500,000 to the City of Citrus Heights, California for 
        the revitalization of the Sunrise Marketplace;''.

    (f ) The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 2000 (Public 
Law 106-74) is amended under the heading ``Corporation for National and 
Community Service, National and Community Service Programs Operating 
Expenses'' in title III <<NOTE: Ante, p. 1078.>>  by striking ``to 
remain available until September 30, 2000'' and inserting ``to remain 
available until September 30, 2001''.

    (g) The statement of the managers of the committee of conference 
accompanying H.R. 2684 (Public Law 106-74; House Report No. 106-379) is 
deemed to be amended in the matter related to targeted economic 
development initiatives under the heading ``Community Development Block 
Grants'' by reducing by $100,000 the amount available to the University 
of Maryland in College Park, Maryland for the renovation of the James 
McGregor Burn Academy of Leadership, and by adding the following item:
            ``--$100,000 to St. Mary's College in Maryland for the St. 
        Mary's River Project;''.

    Sec. 176. Georgetown Waterfront Park Fund. (a) In General.--The 
District of Columbia Appropriations Act, 1999 (Public Law 105-277; 112 
Stat. 2681-123) is amended in the item relating to ``FEDERAL FUNDS--
Federal Payment to the Georgetown Waterfront Park Fund'' by striking the 
colon and inserting ``, to remain available until expended:''.
    (b) Effective Date.--This section shall take effect as if included 
in the District of Columbia Appropriations Act, 1999.
    This title may be cited as the ``District of Columbia Appropriations 
Act, 2000''.

                         TITLE II--TAX REDUCTION

    Sec. 201. Commending Reduction of Taxes by District of Columbia. The 
Congress commends the District of Columbia for its action to reduce 
taxes, and ratifies D.C. Act 13-110 (commonly known as the Service 
Improvement and Fiscal Year 2000 Budget Support Act of 1999).
    Sec. 202. Rule of Construction. Nothing in this title may be 
construed to limit the ability of the Council of the District of 
Columbia to amend or repeal any provision of law described in this 
title.

                               DIVISION B

    Sec. <<NOTE: Incorporation by reference.>>  1000. (a) The provisions 
of the following bills are hereby enacted into law:
            (1) H.R. 3421 of the 106th Congress, as introduced on 
        November 17, 1999;
            (2) H.R. 3422 of the 106th Congress, as introduced on 
        November 17, 1999;
            (3) H.R. 3423 of the 106th Congress, as introduced on 
        November 17, 1999;
            (4) H.R. 3424 of the 106th Congress, as introduced on 
        November 17, 1999;

[[Page 113 STAT. 1536]]

            (5) H.R. 3425 of the 106th Congress, as introduced on 
        November 17, 1999;
            (6) H.R. 3426 of the 106th Congress, as introduced on 
        November 17, 1999;
            (7) <<NOTE: Post,1 p. 1501A-476.>>  H.R. 3427 of the 106th 
        Congress, as introduced on November 17, 1999, except that 
        subsection (c) of section 912 of H.R. 3427 shall be deemed to 
        read as follows:

    ``(c) <<NOTE: Certification.>>  Advance Congressional 
Notification.--
            ``(1) Fiscal year 1998.--Funds made available pursuant to 
        section 911(a)(1) may be obligated and expended beginning on or 
        after December 15, 1999: Provided, That the appropriate 
        certification has been submitted to the appropriate 
        congressional committees.
            ``(2) Fiscal years 1999 and 2000.--Funds made available 
        pursuant to paragraph (2) or (3) of section 911(a) may be 
        obligated and expended only if the appropriate certification has 
        been submitted to the appropriate congressional committees 30 
        days prior to the payment of the funds.'';
            (8) H.R. 3428 of the 106th Congress, as introduced on 
        November 17, 1999; and
            (9) S. 1948 of the 106th Congress, as introduced on November 
        17, 1999.

    (b) <<NOTE: Incorporation by reference; publication.>>  In 
publishing the Act in slip form and in the United States Statutes at 
Large pursuant to section 112, of title 1, United States Code, the 
Archivist of the United States shall include after the date of approval 
at the end appendixes setting forth the texts of the bills referred to 
in subsection (a) of this section.

    Sec. 1001. Paygo Adjustments. (a) Notwithstanding Rule 3 of the 
Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
No. 105-217, legislation enacted in this division by reference in the 
paragraphs after paragraph 4 of subsection 1000(a) that would have been 
estimated by the Office of Management and Budget as changing direct 
spending or receipts under section 252 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 were it included in an Act other 
than an appropriations Act shall be treated as direct spending or 
receipts legislation as appropriate, under section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985, but shall be subject 
to subsection (b).
    (b) The Director of the Office of Management and Budget shall not 
make any estimates of changes in direct spending outlays and receipts 
under section 252(d) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 for any fiscal year resulting from enactment of the 
legislation referenced in the paragraphs after paragraph 4 of subsection 
1000(a) of this division.

[[Page 113 STAT. 1537]]

    (c) <<NOTE: Effective date.>>  On January 3, 2000, the Director of 
the Office of Management and Budget shall change any balances of direct 
spending and receipts legislation for any fiscal year under section 252 
of the Balanced Budget and Emergency Deficit Control Act of 1985 to 
zero.

    Approved November 29, 1999.

LEGISLATIVE HISTORY--H.R. 3194:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-479 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Nov. 3, considered and passed House; considered and passed 
                Senate, amended.
            Nov. 18, House agreed to conference report.
            Nov. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Nov. 29, Presidential remarks and statement.
---------------------------------------------------------------------------

__________
---------------------------------------------------------------------------

    ENDNOTE: The following appendixes are added pursuant to the 
provisions of section 1000 of this Act (113 Stat. 1535).

                                  <all>

[[Page 113 STAT. 1501A-1]]



                            TABLE OF CONTENTS

         The table of contents for this Appendix is as follows:

                          APPENDIX A--H.R.3421

                          APPENDIX B--H.R. 3422

                          APPENDIX C--H.R. 3423

                          APPENDIX D--H.R. 3424

                          APPENDIX E--H.R. 3425

                          APPENDIX F--H.R. 3426

                          APPENDIX G--H.R. 3427

                          APPENDIX H--H.R. 3428

                           APPENDIX I--S. 1948

[[Page 113 STAT. 1501A-3]]



                          APPENDIX A--H.R. 3421

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $79,328,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $8,136,000 shall be expended for the Department Leadership 
Program exclusive of augmentation that occurred in these offices in 
fiscal year 1999: Provided further, That not to exceed 41 permanent 
positions and 48 full-time equivalent workyears and $4,811,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs: 
Provided further, That the latter two aforementioned offices may utilize 
non-reimbursable details of career employees within the caps described 
in the aforementioned proviso: Provided further, That the Attorney 
General is authorized to transfer, under such terms and conditions as 
the Attorney General shall specify, forfeited real or personal property 
of limited or marginal value, as such value is determined by guidelines 
established by the Attorney General, to a State or local government 
agency, or its designated contractor or transferee, for use to support 
drug abuse treatment, drug and crime prevention and education, housing, 
job skills, and other community-based public health and safety programs: 
Provided further, That any transfer under the preceding proviso shall 
not create or confer any private right of action in any person against 
the United States, and shall be treated as a reprogramming under section 
605 of this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System, $1,800,000, to remain available until 
expended.

                        narrowband communications

    For the costs of conversion to narrowband communications as mandated 
by section 104 of the National Telecommunications and

[[Page 113 STAT. 1501A-4]]

Information Administration Organization Act (47 U.S.C. 903(d)(1)), 
$10,625,000, to remain available until expended.

                          counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$10,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of any domestic or 
international terrorist incident; and (2) the costs of providing support 
to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That any Federal agency may be reimbursed for the 
costs of detaining in foreign countries individuals accused of acts of 
terrorism that violate the laws of the United States: Provided further, 
That funds provided under this paragraph shall be available only after 
the Attorney General notifies the Committees on Appropriations of the 
House of Representatives and the Senate in accordance with section 605 
of this Act.

               telecommunications carrier compliance fund

    For payments authorized by section 109 of the Communications 
Assistance for Law Enforcement Act (47 U.S.C. 1008), $15,000,000, to 
remain available until expended.

                    administrative review and appeals

    For expenses necessary for the administration of pardon and clemency 
petitions and immigration related activities, $98,136,000.
    In addition, $50,363,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $40,275,000; including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the certificate of, 
the Attorney General; and for the acquisition, lease, maintenance, and 
operation of motor vehicles, without regard to the general purchase 
price limitation for the current fiscal year: Provided, That not less 
than $40,000 shall be transferred to and administered by the Department 
of Justice Wireless Management Office for the costs of conversion to 
narrowband communications and for the operations and maintenance of 
legacy Land Mobile Radio systems.

                     United States Parole Commission

                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $8,527,000.

[[Page 113 STAT. 1501A-5]]

                            Legal Activities

             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space in the District 
of Columbia, $357,016,000; of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $36,666,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, and offices funded through ``Salaries and Expenses'', General 
Administration: Provided further, That of the amount appropriated under 
this heading $582,000 shall be transferred to, and merged with, funds 
available to the Presidential Advisory Commission on Holocaust Assets in 
the United States and shall be made available for the same purposes for 
which such funds are available: Provided further, That of the total 
amount appropriated, not to exceed $1,000 shall be available to the 
United States National Central Bureau, INTERPOL, for official reception 
and representation expenses.
    In addition, $147,929,000, to be derived from the Violent Crime 
Reduction Trust Fund, to remain available until expended for such 
purposes.
     In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $81,850,000: Provided, That, notwithstanding section 3302(b) of 
title 31, United States Code, not to exceed $81,850,000 of offsetting 
collections derived from fees collected in fiscal year 2000 for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for 
necessary expenses in this appropriation, and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2000, so as to result in a final fiscal year 
2000 appropriation from the general fund estimated at not more than $0.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,161,957,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2001, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount

[[Page 113 STAT. 1501A-6]]

appropriated, not to exceed $8,000 shall be available for official 
reception and representation expenses: Provided further, That not to 
exceed $10,000,000 of those funds available for automated litigation 
support contracts shall remain available until expended: Provided 
further, That not to exceed $2,500,000 for the operation of the National 
Advocacy Center shall remain available until expended: Provided further, 
That not to exceed $1,000,000 shall remain available until expended for 
the expansion of existing Violent Crime Task Forces in United States 
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements, 
however denominated, and contracts with State and local prosecutorial 
and law enforcement agencies engaged in the investigation and 
prosecution of violent crimes: Provided further, That, in addition to 
reimbursable full-time equivalent workyears available to the Offices of 
the United States Attorneys, not to exceed 9,120 positions and 9,398 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Attorneys.

                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $112,775,000, to remain available until 
expended and to be derived from the United States Trustee System Fund: 
Provided, That, notwithstanding any other provision of law, deposits to 
the Fund shall be available in such amounts as may be necessary to pay 
refunds due depositors: Provided further, That, notwithstanding any 
other provision of law, $112,775,000 of offsetting collections derived 
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and 
used for necessary expenses in this appropriation and remain available 
until expended: Provided further, That the sum herein appropriated from 
the Fund shall be reduced as such offsetting collections are received 
during fiscal year 2000, so as to result in a final fiscal year 2000 
appropriation from the Fund estimated at $0: Provided further, That 28 
U.S.C. 589a is amended by striking ``and'' in subsection (b)(7); by 
striking the period in subsection (b)(8) and inserting ``; and''; and by 
adding a new paragraph as follows: ``(9) interest earned on Fund 
investment.''.

       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,175,000.

          salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $333,745,000, as authorized by 28 U.S.C. 561(i); of 
which not to exceed $6,000 shall be available for official reception and 
representation expenses; of which not to exceed $4,000,000 for 
development, implementation, maintenance and support, and training for 
an automated prisoner information system shall remain available until 
expended; and of which not less than

[[Page 113 STAT. 1501A-7]]

$2,762,000 shall be for the costs of conversion to narrowband 
communications and for the operations and maintenance of legacy Land 
Mobile Radio systems: Provided, That such amount shall be transferred to 
and administered by the Department of Justice Wireless Management 
Office.
    In addition, $209,620,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$6,000,000, to remain available until expended.

  justice prisoner and alien transportation system fund, united states 
                            marshals service

    Beginning in fiscal year 2000 and thereafter, payment shall be made 
from the Justice Prisoner and Alien Transportation System Fund for 
necessary expenses related to the scheduling and transportation of 
United States prisoners and illegal and criminal aliens in the custody 
of the United States Marshals Service, as authorized in 18 U.S.C. 4013, 
including, without limitation, salaries and expenses, operations, and 
the acquisition, lease, and maintenance of aircraft and support 
facilities: Provided, That the Fund shall be reimbursed or credited with 
advance payments from amounts available to the Department of Justice, 
other Federal agencies, and other sources at rates that will recover the 
expenses of Fund operations, including, without limitation, accrual of 
annual leave and depreciation of plant and equipment of the Fund: 
Provided further, That proceeds from the disposal of Fund aircraft shall 
be credited to the Fund: Provided further, That amounts in the Fund 
shall be available without fiscal year limitation, and may be used for 
operating equipment lease agreements that do not exceed 5 years.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General, $525,000,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, for 
expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $95,000,000, to 
remain available until expended; of which not to exceed $6,000,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; and of which not to 
exceed $1,000,000

[[Page 113 STAT. 1501A-8]]

may be made available for the purchase and maintenance of armored 
vehicles for transportation of protected witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $7,199,000 and, 
in addition, up to $1,000,000 of funds made available to the Department 
of Justice in this Act may be transferred by the Attorney General to 
this account: Provided, That notwithstanding any other provision of law, 
upon a determination by the Attorney General that emergent circumstances 
require additional funding for conflict prevention and resolution 
activities of the Community Relations Service, the Attorney General may 
transfer such amounts to the Community Relations Service, from available 
appropriations for the current fiscal year for the Department of 
Justice, as may be necessary to respond to such circumstances: Provided 
further, That any transfer pursuant to the previous proviso shall be 
treated as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and 
(G), as amended, $23,000,000, to be derived from the Department of 
Justice Assets Forfeiture Fund.

                     Radiation Exposure Compensation

                         administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000.

          payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund, 
$3,200,000.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include inter-governmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized crime 
drug trafficking, $316,792,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

[[Page 113 STAT. 1501A-9]]

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 1,236 
passenger motor vehicles, of which 1,142 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General, $2,337,015,000; of which not to 
exceed $50,000,000 for automated data processing and telecommunications 
and technical investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 30, 2001; 
of which not less than $292,473,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $10,000,000 is 
authorized to be made available for making advances for expenses arising 
out of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
violent crime, terrorism, organized crime, and drug investigations; and 
of which not less than $50,000,000 shall be for the costs of conversion 
to narrowband communications, and for the operations and maintenance of 
legacy Land Mobile Radio systems: Provided, That such amount shall be 
transferred to and administered by the Department of Justice Wireless 
Management Office: Provided further, That not to exceed $45,000 shall be 
available for official reception and representation expenses: Provided 
further, That no funds in this Act may be used to provide ballistics 
imaging equipment to any State or local authority which has obtained 
similar equipment through a Federal grant or subsidy unless the State or 
local authority agrees to return that equipment or to repay that grant 
or subsidy to the Federal Government.
    In addition, $752,853,000 for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund, as authorized by the Violent Crime Control and Law Enforcement Act 
of 1994, as amended, and the Antiterrorism and Effective Death Penalty 
Act of 1996.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects, $1,287,000, to remain 
available until expended.

[[Page 113 STAT. 1501A-10]]

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,358 passenger motor vehicles, of 
which 1,079 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft, 
$933,000,000, of which not to exceed $1,800,000 for research shall 
remain available until expended, and of which not to exceed $4,000,000 
for purchase of evidence and payments for information, not to exceed 
$10,000,000 for contracting for automated data processing and 
telecommunications equipment, and not to exceed $2,000,000 for 
laboratory equipment, $4,000,000 for technical equipment, and $2,000,000 
for aircraft replacement retrofit and parts, shall remain available 
until September 30, 2001; of which not to exceed $50,000 shall be 
available for official reception and representation expenses; and of 
which not less than $20,733,000 shall be for the costs of conversion to 
narrowband communications and for the operations and maintenance of 
legacy Land Mobile Radio systems: Provided, That such amount shall be 
transferred to and administered by the Department of Justice Wireless 
Management Office.
    In addition, $343,250,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects, $5,500,000, to remain 
available until expended.

                 Immigration and Naturalization Service

                          salaries and expenses

    For expenses necessary for the administration and enforcement of the 
laws relating to immigration, naturalization, and alien registration, as 
follows:

                     enforcement and border affairs

    For salaries and expenses for the Border Patrol program, the 
detention and deportation program, the intelligence program, the 
investigations program, and the inspections program, including not to 
exceed $50,000 to meet unforeseen emergencies of a confidential 
character, to be expended under the direction of, and to be accounted 
for solely under the certificate of, the Attorney General; purchase

[[Page 113 STAT. 1501A-11]]

for police-type use (not to exceed 3,075 passenger motor vehicles, of 
which 2,266 are for replacement only), without regard to the general 
purchase price limitation for the current fiscal year, and hire of 
passenger motor vehicles; acquisition, lease, maintenance and operation 
of aircraft; research related to immigration enforcement; for protecting 
and maintaining the integrity of the borders of the United States 
including, without limitation, equipping, maintaining, and making 
improvements to the infrastructure; and for the care and housing of 
Federal detainees held in the joint Immigration and Naturalization 
Service and United States Marshals Service's Buffalo Detention Facility, 
$1,107,429,000; of which not to exceed $10,000,000 shall be available 
for costs associated with the training program for basic officer 
training, and $5,000,000 is for payments or advances arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration; of which not to exceed $5,000,000 is to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled illegal aliens; and of which 
not less than $18,510,000 shall be for the costs of conversion to 
narrowband communications and for the operations and maintenance of 
legacy Land Mobile Radio systems: Provided, That such amount shall be 
transferred to and administered by the Department of Justice Wireless 
Management Office: Provided further, That none of the funds available to 
the Immigration and Naturalization Service shall be available to pay any 
employee overtime pay in an amount in excess of $30,000 during the 
calendar year beginning January 1, 2000: Provided further, That uniforms 
may be purchased without regard to the general purchase price limitation 
for the current fiscal year: Provided further, That none of the funds 
provided in this or any other Act shall be used for the continued 
operation of the San Clemente and Temecula checkpoints unless the 
checkpoints are open and traffic is being checked on a continuous 24-
hour basis.

   citizenship and benefits, immigration support and program direction

    For all programs of the Immigration and Naturalization Service not 
included under the heading ``Enforcement and Border Affairs'', 
$535,011,000, of which not to exceed $400,000 for research shall remain 
available until expended: Provided, That not to exceed $5,000 shall be 
available for official reception and representation expenses: Provided 
further, That the Attorney General may transfer any funds appropriated 
under this heading and the heading ``Enforcement and Border Affairs'' 
between said appropriations notwithstanding any percentage transfer 
limitations imposed under this appropriation Act and may direct such 
fees as are collected by the Immigration and Naturalization Service to 
the activities funded under this heading and the heading ``Enforcement 
and Border Affairs'' for performance of the functions for which the fees 
legally may be expended: Provided further, That not to exceed 40 
permanent positions and 40 full-time equivalent workyears and $4,150,000 
shall be expended for the Offices of Legislative Affairs and Public 
Affairs: Provided further, That the latter two aforementioned offices 
shall not be augmented by personnel details, temporary transfers of 
personnel on either a reimbursable or non-reimbursable basis, or any 
other type of formal or informal transfer

[[Page 113 STAT. 1501A-12]]

or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled 
through non-career appointment at the Immigration and Naturalization 
Service, for which funding is provided in this Act or is otherwise made 
available to the Immigration and Naturalization Service, shall not 
exceed four permanent positions and four full-time equivalent workyears: 
Provided further, That none of the funds available to the Immigration 
and Naturalization Service shall be used to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year beginning 
January 1, 2000: Provided further, That funds may be used, without 
limitation, for equipping, maintaining, and making improvements to the 
infrastructure and the purchase of vehicles for police-type use within 
the limits of the Enforcement and Border Affairs appropriation: Provided 
further, That, notwithstanding any other provision of law, during fiscal 
year 2000, the Attorney General is authorized and directed to impose 
disciplinary action, including termination of employment, pursuant to 
policies and procedures applicable to employees of the Federal Bureau of 
Investigation, for any employee of the Immigration and Naturalization 
Service who violates policies and procedures set forth by the Department 
of Justice relative to the granting of citizenship or who willfully 
deceives the Congress or department leadership on any matter.

                    violent crime reduction programs

    In addition, $1,267,225,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund: Provided, That the Attorney General may use the transfer authority 
provided under the heading ``Citizenship and Benefits, Immigration 
Support and Program Direction'' to provide funds to any program of the 
Immigration and Naturalization Service that heretofore has been funded 
by the Violent Crime Reduction Trust Fund.

                              construction

    For planning, construction, renovation, equipping, and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $99,664,000, to remain 
available until expended: Provided, That no funds shall be available for 
the site acquisition, design, or construction of any Border Patrol 
checkpoint in the Tucson sector.

                          Federal Prison System

                          salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 708, of which 602 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $3,089,110,000; of which not less than 
$500,000 shall be transferred to and administered by the Department of 
Justice Wireless Management Office for the costs of conversion to 
narrowband communications and

[[Page 113 STAT. 1501A-13]]

for the operations and maintenance of legacy Land Mobile Radio systems: 
Provided, That the Attorney General may transfer to the Health Resources 
and Services Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for inmates of 
Federal penal and correctional institutions: Provided further, That the 
Director of the Federal Prison System (FPS), where necessary, may enter 
into contracts with a fiscal agent/fiscal intermediary claims processor 
to determine the amounts payable to persons who, on behalf of FPS, 
furnish health services to individuals committed to the custody of FPS: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 shall remain available for necessary 
operations until September 30, 2001: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, as amended, for the care and security in the United States of 
Cuban and Haitian entrants: Provided further, That, notwithstanding 
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS 
may enter into contracts and other agreements with private entities for 
periods of not to exceed 3 years and seven additional option years for 
the confinement of Federal prisoners.
    In addition, $22,524,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$556,791,000, to remain available until expended, of which not to exceed 
$14,074,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation: Provided further, That not 
to exceed 10 percent of the funds appropriated to ``Buildings and 
Facilities'' in this or any other Act may be transferred to ``Salaries 
and Expenses'', Federal Prison System, upon notification by the Attorney 
General to the Committees on Appropriations of the House of 
Representatives and the Senate in compliance with provisions set forth 
in section 605 of this Act.

                 federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program

[[Page 113 STAT. 1501A-14]]

set forth in the budget for the current fiscal year for such 
corporation, including purchase of (not to exceed five for replacement 
only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other property 
belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''), and the Missing Children's 
Assistance Act, as amended, including salaries and expenses in 
connection therewith, and with the Victims of Crime Act of 1984, as 
amended, $155,611,000, to remain available until expended, as authorized 
by section 1001 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended by Public Law 102-534 (106 Stat. 3524).
    In addition, for grants, cooperative agreements, and other 
assistance authorized by sections 819, 821, and 822 of the Antiterrorism 
and Effective Death Penalty Act of 1996, $152,000,000, to remain 
available until expended.

               state and local law enforcement assistance

    For assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994 
Act''), $1,634,500,000 to remain available until expended; of which 
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant 
to H.R. 728 as passed by the House of Representatives on February 14, 
1995, except that for purposes of this Act, the Commonwealth of Puerto 
Rico shall be considered a ``unit of local government'' as well as a 
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F), 
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime 
prevention programs involving cooperation between community residents 
and law enforcement personnel in order to control, detect, or 
investigate crime or the prosecution of criminals: Provided, That no 
funds provided under this heading may be used as matching funds for any 
other Federal grant program: Provided further, That $50,000,000 of this 
amount shall be for Boys and Girls Clubs in public housing facilities 
and other areas in cooperation with State and local law enforcement: 
Provided further, That funds may also be used to defray the costs

[[Page 113 STAT. 1501A-15]]

of indemnification insurance for law enforcement officers: Provided 
further, That $20,000,000 shall be available to carry out section 102(2) 
of H.R. 728; of which $420,000,000 shall be for the State Criminal Alien 
Assistance Program, as authorized by section 242( j) of the Immigration 
and Nationality Act, as amended; of which $686,500,000 shall be for 
Violent Offender Incarceration and Truth in Sentencing Incentive Grants 
pursuant to subtitle A of title II of the 1994 Act, of which 
$165,000,000 shall be available for payments to States for incarceration 
of criminal aliens, of which $25,000,000 shall be available for the 
Cooperative Agreement Program, and of which $34,000,000 shall be 
reserved by the Attorney General for fiscal year 2000 under section 
20109(a) of subtitle A of title II of the 1994 Act; and of which 
$5,000,000 shall be for the Tribal Courts Initiative.

   violent crime reduction programs, state and local law enforcement 
                               assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to and 
merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of 
Child Abuse Act of 1990, as amended (``the 1990 Act''), $1,194,450,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund; of which $552,000,000 shall be for 
grants, contracts, cooperative agreements, and other assistance 
authorized by part E of title I of the 1968 Act, for State and Local 
Narcotics Control and Justice Assistance Improvements, notwithstanding 
the provisions of section 511 of said Act, as authorized by section 1001 
of title I of said Act, as amended by Public Law 102-534 (106 Stat. 
3524), of which $52,000,000 shall be available to carry out the 
provisions of chapter A of subpart 2 of part E of title I of said Act, 
for discretionary grants under the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs; of which $10,000,000 shall be for 
the Court Appointed Special Advocate Program, as authorized by section 
218 of the 1990 Act; of which $2,000,000 shall be for Child Abuse 
Training Programs for Judicial Personnel and Practitioners, as 
authorized by section 224 of the 1990 Act; of which $206,750,000 shall 
be for Grants to Combat Violence Against Women, to States, units of 
local government, and Indian tribal governments, as authorized by 
section 1001(a)(18) of the 1968 Act, including $28,000,000 which shall 
be used exclusively for the purpose of strengthening civil legal 
assistance programs for victims of domestic violence: Provided, That, of 
these funds, $5,200,000 shall be provided to the National Institute of 
Justice for research and evaluation of violence against women, 
$1,196,000 shall be provided to the Office of the United States Attorney 
for the District of Columbia for domestic violence programs in D.C. 
Superior Court, $10,000,000 which shall be used exclusively for violence 
on college campuses, and $10,000,000 shall be available to the Office of 
Juvenile Justice and Delinquency Prevention for the Safe Start Program, 
to be administered as authorized by part C of the Juvenile Justice and 
Delinquency Act of 1974, as amended;

[[Page 113 STAT. 1501A-16]]

of which $34,000,000 shall be for Grants to Encourage Arrest Policies to 
States, units of local government, and Indian tribal governments, as 
authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000 
shall be for Rural Domestic Violence and Child Abuse Enforcement 
Assistance Grants, as authorized by section 40295 of the 1994 Act; of 
which $5,000,000 shall be for training programs to assist probation and 
parole officers who work with released sex offenders, as authorized by 
section 40152(c) of the 1994 Act, and for local demonstration projects; 
of which $1,000,000 shall be for grants for televised testimony, as 
authorized by section 1001(a)(7) of the 1968 Act; of which $63,000,000 
shall be for grants for residential substance abuse treatment for State 
prisoners, as authorized by section 1001(a)(17) of the 1968 Act; of 
which $900,000 shall be for the Missing Alzheimer's Disease Patient 
Alert Program, as authorized by section 240001(c) of the 1994 Act; of 
which $1,300,000 shall be for Motor Vehicle Theft Prevention Programs, 
as authorized by section 220002(h) of the 1994 Act; of which $40,000,000 
shall be for Drug Courts, as authorized by title V of the 1994 Act; of 
which $1,500,000 shall be for Law Enforcement Family Support Programs, 
as authorized by section 1001(a)(21) of the 1968 Act; of which 
$2,000,000 shall be for public awareness programs addressing marketing 
scams aimed at senior citizens, as authorized by section 250005(3) of 
the 1994 Act; and of which $250,000,000 shall be for Juvenile 
Accountability Incentive Block Grants, except that such funds shall be 
subject to the same terms and conditions as set forth in the provisions 
under this heading for this program in Public Law 105-119, but all 
references in such provisions to 1998 shall be deemed to refer instead 
to 2000: Provided further, That funds made available in fiscal year 2000 
under subpart 1 of part E of title I of the 1968 Act may be obligated 
for programs to assist States in the litigation processing of death 
penalty Federal habeas corpus petitions and for drug testing 
initiatives: Provided further, That, if a unit of local government uses 
any of the funds made available under this title to increase the number 
of law enforcement officers, the unit of local government will achieve a 
net gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $33,500,000, to remain available until expended, for 
inter-governmental agreements, including grants, cooperative agreements, 
and contracts, with State and local law enforcement agencies engaged in 
the investigation and prosecution of violent crimes and drug offenses in 
``Weed and Seed'' designated communities, and for either reimbursements 
or transfers to appropriation accounts of the Department of Justice and 
other Federal agencies which shall be specified by the Attorney General 
to execute the ``Weed and Seed'' program strategy: Provided, That funds 
designated by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall be 
managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and personnel in 
support of ``Weed and Seed'' program activities only after the Attorney 
General notifies the

[[Page 113 STAT. 1501A-17]]

Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $595,000,000, to remain available 
until expended, including $45,000,000 which shall be derived from the 
Violent Crime Reduction Trust Fund; of which $130,000,000 shall be 
available to the Office of Justice programs to carry out section 102 of 
the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), of 
which $35,000,000 is for grants to upgrade criminal records, as 
authorized by section 106(b) of the Brady Handgun Violence Prevention 
Act of 1993, as amended, and section 4(b) of the National Child 
Protection Act of 1993, of which $15,000,000 is for the National 
Institute of Justice to develop school safety technologies, and of which 
$30,000,000 shall be for State and local DNA laboratories as authorized 
by section 1001(a)(22) of the 1968 Act, as well as for improvements to 
the State and local forensic laboratory general forensic science 
capabilities and to reduce their DNA convicted offender database sample 
backlog; of which $419,325,000 is for Public Safety and Community 
Policing Grants pursuant to title I of the 1994 Act, of which 
$180,000,000 shall be available for school resource officers; of which 
$35,675,000 shall be used for policing initiatives to combat 
methamphetamine production and trafficking and to enhance policing 
initiatives in drug ``hot spots''; and of which $10,000,000 shall be 
used for the Community Prosecutors program: Provided, That of the amount 
provided for Public Safety and Community Policing Grants, not to exceed 
$29,825,000 shall be expended for program management and administration: 
Provided further, That of the unobligated balances available in this 
program, $210,000,000 shall be used for innovative community policing 
programs, of which $100,000,000 shall be used for a law enforcement 
technology program, $25,000,000 shall be used for the Matching Grant 
Program for Law Enforcement Armor Vests pursuant to section 2501 of part 
Y of the Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968 
Act''), as amended, $30,000,000 shall be used for Police Corps 
education, training, and service as set forth in sections 200101-200113 
of the 1994 Act, $40,000,000 shall be available to improve tribal law 
enforcement including equipment and training, and $15,000,000 shall be 
used to combat violence in schools.

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, (``the Act''), including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $269,097,000, to remain available 
until expended, as authorized by section 299 of part I of title II and 
section 506 of title V of the Act, as amended by Public Law 102-586, of 
which: (1) notwithstanding any other provision of law, $6,847,000 shall 
be available for expenses authorized by part A of title II of the Act, 
$89,000,000 shall be available for expenses authorized by part B of 
title II of the Act, and

[[Page 113 STAT. 1501A-18]]

$42,750,000 shall be available for expenses authorized by part C of 
title II of the Act: Provided, That $26,500,000 of the amounts provided 
for part B of title II of the Act, as amended, is for the purpose of 
providing additional formula grants under part B to States that provide 
assurances to the Administrator that the State has in effect (or will 
have in effect no later than 1 year after date of application) policies 
and programs, that ensure that juveniles are subject to accountability-
based sanctions for every act for which they are adjudicated delinquent; 
(2) $12,000,000 shall be available for expenses authorized by sections 
281 and 282 of part D of title II of the Act for prevention and 
treatment programs relating to juvenile gangs; (3) $10,000,000 shall be 
available for expenses authorized by section 285 of part E of title II 
of the Act; (4) $13,500,000 shall be available for expenses authorized 
by part G of title II of the Act for juvenile mentoring programs; and 
(5) $95,000,000 shall be available for expenses authorized by title V of 
the Act for incentive grants for local delinquency prevention programs; 
of which $12,500,000 shall be for delinquency prevention, control, and 
system improvement programs for tribal youth; of which $25,000,000 shall 
be available for grants of $360,000 to each State and $6,640,000 shall 
be available for discretionary grants to States, for programs and 
activities to enforce State laws prohibiting the sale of alcoholic 
beverages to minors or the purchase or consumption of alcoholic 
beverages by minors, prevention and reduction of consumption of 
alcoholic beverages by minors, and for technical assistance and 
training; and of which $15,000,000 shall be available for the Safe 
Schools Initiative: Provided further, That upon the enactment of 
reauthorization legislation for Juvenile Justice Programs under the 
Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 
funding provisions in this Act shall from that date be subject to the 
provisions of that legislation and any provisions in this Act that are 
inconsistent with that legislation shall no longer have effect: Provided 
further, That of amounts made available under the Juvenile Justice 
Programs of the Office of Justice Programs to carry out part B (relating 
to Federal Assistance for State and Local Programs), subpart II of part 
C (relating to Special Emphasis Prevention and Treatment Programs), part 
D (relating to Gang-Free Schools and Communities and Community-Based 
Gang Intervention), part E (relating to State Challenge Activities), and 
part G (relating to Mentoring) of title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974, and to carry out the At-Risk 
Children's Program under title V of that Act, not more than 10 percent 
of each such amount may be used for research, evaluation, and statistics 
activities designed to benefit the programs or activities authorized 
under the appropriate part or title, and not more than 2 percent of each 
such amount may be used for training and technical assistance activities 
designed to benefit the programs or activities authorized under that 
part or title.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance, $11,000,000 to remain available until expended, for 
developing, testing, and demonstrating programs designed to reduce drug 
use among juveniles.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $7,000,000, to remain available until expended, as 
authorized by section 214B of the Act.

[[Page 113 STAT. 1501A-19]]

                     public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).

                General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney General.
    Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93 
Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a Department 
of Justice Appropriation Authorization Act, whichever is earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case of 
rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up to 
a maximum of $2,000,000, may not be made without the personal approval 
of the President or the Attorney General and such approval may not be 
delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction Trust 
Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.

[[Page 113 STAT. 1501A-20]]

    Sec. 108. (a) Notwithstanding any other provision of law, for fiscal 
year 2000, the Assistant Attorney General for the Office of Justice 
Programs of the Department of Justice--
            (1) may make grants, or enter into cooperative agreements 
        and contracts, for the Office of Justice Programs and the 
        component organizations of that Office; and
            (2) shall have final authority over all grants, cooperative 
        agreements and contracts made, or entered into, for the Office 
        of Justice Programs and the component organizations of that 
        Office, except for grants made under the provisions of sections 
        201, 202, 301, and 302 of the Omnibus Crime Control and Safe 
        Streets Act of 1968, as amended; and sections 204(b)(3), 
        241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juvenile 
        Justice and Delinquency Prevention Act of 1974, as amended.

    (b) Notwithstanding any other provision of law, effective August 1, 
2000, all functions of the Director of the Bureau of Justice Assistance, 
other than those enumerated in the Omnibus Crime Control and Safe 
Streets Act, as amended, 42 U.S.C. 3742(3) through (6), are transferred 
to the Assistant Attorney General for the Office of Justice Programs.
    Sec. 109. Sections 115 and 127 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1999 (as contained in section 101(b) of division A of Public Law 
105-277) shall apply to fiscal year 2000 and thereafter.
    Sec. 110. Hereafter, for payments of judgments against the United 
States and compromise settlements of claims in suits against the United 
States arising from the Financial Institutions Reform, Recovery and 
Enforcement Act and its implementation, such sums as may be necessary, 
to remain available until expended: Provided, That the foregoing 
authority is available solely for payment of judgments and compromise 
settlements: Provided further, That payment of litigation expenses is 
available under existing authority and will continue to be made 
available as set forth in the Memorandum of Understanding between the 
Federal Deposit Insurance Corporation and the Department of Justice, 
dated October 2, 1998.
    Sec. 111. Section 507 of title 28, United States Code, is amended by 
adding a new subsection (c) as follows:
    ``(c) Notwithstanding the provisions of section 901 of title 31, 
United States Code, the Assistant Attorney General for Administration 
shall be the Chief Financial Officer of the Department of Justice.''.
    Sec. 112. Section 3024 of the Emergency Supplemental Appropriations 
Act, 1999 (Public Law 106-31) shall apply for fiscal year 2000.
    Sec. 113. Effective 30 days after the enactment of this Act, section 
1930(a)(1) of title 28, United States Code, is amended in paragraph (1) 
by striking ``$130'' and inserting ``$155''; section 589a of title 28, 
United States Code, is amended in subsection (b)(1) by striking ``23.08 
percent'' and inserting ``27.42 percent''; and section 406(b) of Public 
Law 101-162 (103 Stat. 1016), as amended (28 U.S.C. 1931 note), is 
further amended by striking ``30.76 percent'' and inserting ``33.87 
percent''.
    Sec. 114. Section 4006 of title 18, United States Code, is amended--
            (1) by striking ``The Attorney General'' and inserting the 
        following: ``(a) In General.--The Attorney General''; and

[[Page 113 STAT. 1501A-21]]

            (2) by adding at the end the following:

    ``(b) Health Care Items and Services.--
            ``(1) In general.--Payment for costs incurred for the 
        provision of health care items and services for individuals in 
        the custody of the United States Marshals Service and the 
        Immigration and Naturalization Service shall not exceed the 
        lesser of the amount that would be paid for the provision of 
        similar health care items and services under--
                    ``(A) the Medicare program under title XVIII of the 
                Social Security Act; or
                    ``(B) the Medicaid program under title XIX of such 
                Act of the State in which the services were provided.
            ``(2) Full and final payment.--Any payment for a health care 
        item or service made pursuant to this subsection, shall be 
        deemed to be full and final payment.''.

    Sec. 115. (a) None of the funds made available by this or any other 
Act may be used to pay premium pay under title 5, United States Code, 
sections 5542-5549, to any individual employed as an attorney, including 
an Assistant United States Attorney, in the Department of Justice for 
any work performed on or after the date of the enactment of this Act.
    (b) Notwithstanding any other provision of law, neither the United 
States nor any individual or entity acting on its behalf shall be liable 
for premium pay under title 5, United States Code, sections 5542-5549, 
for any work performed on or after the date of the enactment of this Act 
by any individual employed as an attorney in the Department of Justice, 
including an Assistant United States Attorney.
    Sec. 116. Section 113 of the Department of Justice Appropriations 
Act, 1999 (section 101(b) of division A of Public Law 105-277), as 
amended by section 3028 of the Emergency Supplemental Appropriations 
Act, 1999 (Public Law 106-31), is further amended by striking the first 
comma and inserting ``for fiscal year 2000 and hereafter,''.
    Sec. 117. Section 203(b)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(2)(B)) is amended to read as follows:
                    ``(B)(i) Subject to clause (ii), the Attorney 
                General may, when the Attorney General deems it to be in 
                the national interest, waive the requirements of 
                subparagraph (A) that an alien's services in the 
                sciences, arts, professions, or business be sought by an 
                employer in the United States.
                    ``(ii)(I) The Attorney General shall grant a 
                national interest waiver pursuant to clause (i) on 
                behalf of any alien physician with respect to whom a 
                petition for preference classification has been filed 
                under subparagraph (A) if--
                          ``(aa) the alien physician agrees to work full 
                      time as a physician in an area or areas designated 
                      by the Secretary of Health and Human Services as 
                      having a shortage of health care professionals or 
                      at a health care facility under the jurisdiction 
                      of the Secretary of Veterans Affairs; and
                          ``(bb) a Federal agency or a department of 
                      public health in any State has previously 
                      determined that the alien physician's work in such 
                      an area or at such facility was in the public 
                      interest.

[[Page 113 STAT. 1501A-22]]

                                    ``(II) No permanent resident visa 
                                may be issued to an alien physician 
                                described in subclause (I) by the 
                                Secretary of State under section 204(b), 
                                and the Attorney General may not adjust 
                                the status of such an alien physician 
                                from that of a nonimmigrant alien to 
                                that of a permanent resident alien under 
                                section 245, until such time as the 
                                alien has worked full time as a 
                                physician for an aggregate of 5 years 
                                (not including the time served in the 
                                status of an alien described in section 
                                101(a)(15)(J)), in an area or areas 
                                designated by the Secretary of Health 
                                and Human Services as having a shortage 
                                of health care professionals or at a 
                                health care facility under the 
                                jurisdiction of the Secretary of 
                                Veterans Affairs.
                                    ``(III) Nothing in this subparagraph 
                                may be construed to prevent the filing 
                                of a petition with the Attorney General 
                                for classification under section 204(a), 
                                or the filing of an application for 
                                adjustment of status under section 245, 
                                by an alien physician described in 
                                subclause (I) prior to the date by which 
                                such alien physician has completed the 
                                service described in subclause (II).
                                    ``(IV) The requirements of this 
                                subsection do not affect waivers on 
                                behalf of alien physicians approved 
                                under section 203(b)(2)(B) before the 
                                enactment date of this subsection. In 
                                the case of a physician for whom an 
                                application for a waiver was filed under 
                                section 203(b)(2)(B) prior to November 
                                1, 1998, the Attorney General shall 
                                grant a national interest waiver 
                                pursuant to section 203(b)(2)(B) except 
                                that the alien is required to have 
                                worked full time as a physician for an 
                                aggregate of 3 years (not including time 
                                served in the status of an alien 
                                described in section 101(a)(15)(J)) 
                                before a visa can be issued to the alien 
                                under section 204(b) or the status of 
                                the alien is adjusted to permanent 
                                resident under section 245.''.

    Sec. 118. Section 286(q)(1)(A) of the Immigration and Nationality 
Act of 1953 (8 U.S.C. 1356(q)(1)(A)), as amended, is further amended--
            (1) by striking clause (ii);
            (2) by redesignating clause (iii) as (ii); and
            (3) by striking ``, until September 30, 2000,'' in clause 
        (iv) and redesignating that clause as (iii).

    Sec. 119. Section 1402(d) of the Victims of Crime Act of 1984 (42 
U.S.C. 10601(d)) is amended--
            (1) by striking paragraph (5);
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (3) by adding a new paragraph (3), as follows:
            ``(3) Of the sums remaining in the Fund in any particular 
        fiscal year after compliance with paragraph (2), such sums as 
        may be necessary shall be available for the United States 
        Attorneys Offices to improve services for the benefit of crime 
        victims in the Federal criminal justice system.''.

[[Page 113 STAT. 1501A-23]]

    Sec. 120. Public Law 103-322, the Violent Crime Control and Law 
Enforcement Act of 1994, subtitle C, section 210304, Index to Facilitate 
Law Enforcement Exchange of DNA Identification Information (42 U.S.C. 
14132), is amended as follows:
            (1) in subsection (a)(2), by striking ``and'';
            (2) in subsection (a)(3), by striking the period and 
        inserting ``; and'' after ``remains''; and
            (3) by adding after subsection (a)(3) the following new 
        subsection:
            ``(4) analyses of DNA samples voluntarily contributed from 
        relatives of missing persons.''.

    Sec. 121. (a) Subsection (b)(1) of section 227 of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13032) is amended by inserting after 
``such facts or circumstances'' the following: ``to the Cyber Tip Line 
at the National Center for Missing and Exploited Children, which shall 
forward that report''.
    (b) Subsection (b)(2) of that section is amended by striking 
``made'' and inserting ``forwarded''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2000''.

          TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$25,635,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $44,495,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports

[[Page 113 STAT. 1501A-24]]

of United States firms, without regard to 44 U.S.C. 3702 and 3703; full 
medical coverage for dependent members of immediate families of 
employees stationed overseas and employees temporarily posted overseas; 
travel and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, and 
expenses of alteration, repair, or improvement; purchase or construction 
of temporary demountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$327,000 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $30,000 
per vehicle; obtain insurance on official motor vehicles; and rent tie 
lines and teletype equipment, $311,503,000, to remain available until 
expended, of which $3,000,000 is to be derived from fees to be retained 
and used by the International Trade Administration, notwithstanding 31 
U.S.C. 3302: Provided, That of the $313,503,000 provided for in direct 
obligations (of which $308,503,000 is appropriated from the general 
fund, $3,000,000 is derived from fee collections, and $2,000,000 is 
derived from unobligated balances and deobligations from prior years), 
$62,376,000 shall be for Trade Development, $19,755,000 shall be for 
Market Access and Compliance, $32,473,000 shall be for the Import 
Administration, $186,693,000 shall be for the United States and Foreign 
Commercial Service, and $12,206,000 shall be for Executive Direction and 
Administration: Provided further, That the provisions of the first 
sentence of section 105(f ) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f ) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act shall 
include payment for assessments for services provided as part of these 
activities.

                          Export Administration

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C. 401(b); purchase of passenger motor 
vehicles for official use and motor vehicles for law enforcement use 
with special requirement vehicles eligible for purchase without regard 
to any price limitation otherwise established by law, $54,038,000, to 
remain available until expended, of which $1,877,000 shall be for 
inspections and other activities related to national security: Provided, 
That the provisions

[[Page 113 STAT. 1501A-25]]

of the first sentence of section 105(f ) and all of section 108(c) of 
the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f ) and 2458(c)) shall apply in carrying out these activities: 
Provided further, That payments and contributions collected and accepted 
for materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments: Provided further, That no funds may be obligated or 
expended for processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite components) 
to the People's Republic of China, unless, at least 15 days in advance, 
the Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
such proposed action.

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, and for 
trade adjustment assistance, $361,879,000 to be made available until 
expended.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $26,500,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, as amended, title II of the 
Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency

                      minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $27,314,000.

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$49,499,000, to remain available until September 30, 2001.

[[Page 113 STAT. 1501A-26]]

                          Bureau of the Census

                          salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, $140,000,000.

                     periodic censuses and programs

    For necessary expenses to conduct the decennial census, 
$4,476,253,000 to remain available until expended: of which $20,240,000 
is for Program Development and Management; of which $194,623,000 is for 
Data Content and Products; of which $3,449,952,000 is for Field Data 
Collection and Support Systems; of which $43,663,000 is for Address List 
Development; of which $477,379,000 is for Automated Data Processing and 
Telecommunications Support; of which $15,988,000 is for Testing and 
Evaluation; of which $71,416,000 is for activities related to Puerto 
Rico, the Virgin Islands and Pacific Areas; of which $199,492,000 is for 
Marketing, Communications and Partnerships activities; and of which 
$3,500,000 is for the Census Monitoring Board, as authorized by section 
210 of Public Law 105-119: Provided, That the entire amount shall be 
available only to the extent that an official budget request, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That for purposes of reprogramming among the 
amounts set forth in the preceding part of this paragraph, the 
notification requirements of section 605 shall be 3 days, and the 
reprogramming obligation or expenditure threshold designated in section 
605(b) shall be $1,000,000 or 10 percent, whichever is less.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $142,320,000, 
to remain available until expended.

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $10,975,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, and 
related services and such fees shall be retained and used as offsetting 
collections for costs of such spectrum services, to remain available 
until expended: Provided further, That hereafter, notwithstanding any 
other provision of law, NTIA shall not authorize spectrum use or provide 
any spectrum functions pursuant to the National Telecommunications and 
Information Administration Organization Act, 47 U.S.C. 902-903, to any 
Federal entity without reimbursement as required by NTIA

[[Page 113 STAT. 1501A-27]]

for such spectrum management costs, and Federal entities withholding 
payment of such cost shall not use spectrum: Provided further, That the 
Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

     public telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $26,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $1,800,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior year 
unobligated balances may be made available for grants for projects for 
which applications have been submitted and approved during any fiscal 
year: Provided further, That, hereafter, notwithstanding any other 
provision of law, the Pan-Pacific Education and Communication 
Experiments by Satellite (PEACESAT) Program is eligible to compete for 
Public Telecommunications Facilities, Planning and Construction funds.

                    information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $15,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,000,000 shall be available for program administration and 
other support activities as authorized by section 391: Provided further, 
That, of the funds appropriated herein, not to exceed 5 percent may be 
available for telecommunications research activities for projects 
related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the requirements 
of sections 392(a) and 392(c) of the Act, these funds may be used for 
the planning and construction of telecommunications networks for the 
provision of educational, cultural, health care, public information, 
public safety, or other social services: Provided further, That 
notwithstanding any other provision of law, no entity that receives 
telecommunications services at preferential rates under section 254(h) 
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional 
information sharing systems grant program of the Department of Justice 
under part M of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this 
heading to cover any costs of the entity that would otherwise be covered 
by such preferential rates or such assistance, as the case may be.

[[Page 113 STAT. 1501A-28]]

                       Patent and Trademark Office

                          salaries and expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks, $755,000,000, to remain 
available until expended: Provided, That of this amount, $755,000,000 
shall be derived from offsetting collections assessed and collected 
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be 
retained and used for necessary expenses in this appropriation: Provided 
further, That the sum herein appropriated from the general fund shall be 
reduced as such offsetting collections are received during fiscal year 
2000, so as to result in a final fiscal year 2000 appropriation from the 
general fund estimated at $0: Provided further, That, during fiscal year 
2000, should the total amount of offsetting fee collections be less than 
$755,000,000, the total amounts available to the Patent and Trademark 
Office shall be reduced accordingly: Provided further, That any amount 
received in excess of $755,000,000 in fiscal year 2000 shall remain 
available until expended: Provided further, That of the amount in excess 
of $755,000,000 referred to in the previous proviso, $229,000,000 shall 
not be available for obligation until October 1, 2000: Provided further, 
That not to exceed $116,000,000 from fees collected in fiscal year 1999 
shall be made available for obligation in fiscal year 2000.

                         Science and Technology

                        Technology Administration

       under secretary for technology/office of technology policy

                          salaries and expenses

    For necessary expenses for the Undersecretary for Technology/Office 
of Technology Policy, $7,972,000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $283,132,000, to remain available until expended, of which 
not to exceed $282,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership of 
the National Institute of Standards and Technology, $104,836,000, to 
remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$142,600,000, to remain available until expended, of which not to exceed 
$50,700,000 shall be available for the award of new grants, and of which 
not to exceed $500,000 may be transferred to the ``Working Capital 
Fund''.

[[Page 113 STAT. 1501A-29]]

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation of existing facilities, not 
otherwise provided for the National Institute of Standards and 
Technology, as authorized by 15 U.S.C. 278c-278e, $108,414,000, to 
remain available until expended: Provided, That of the amounts provided 
under this heading, $84,916,000 shall be available for obligation and 
expenditure only after submission of a plan for the expenditure of these 
funds, in accordance with section 605 of this Act.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments to 
nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized by 33 U.S.C. 883i, $1,688,189,000, to remain available until 
expended: Provided, That fees and donations received by the National 
Ocean Service for the management of the national marine sanctuaries may 
be retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $68,000,000 shall be derived by transfer from the fund 
entitled ``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'': Provided further, That grants to States 
pursuant to sections 306 and 306A of the Coastal Zone Management Act of 
1972, as amended, shall not exceed $2,000,000: Provided further, That 
not to exceed $31,439,000 shall be expended for Executive Direction and 
Administration, which consists of the Offices of the Undersecretary, the 
Executive Secretariat, Policy and Strategic Planning, International 
Affairs, Legislative Affairs, Public Affairs, Sustainable Development, 
the Chief Scientist, and the General Counsel: Provided further, That the 
aforementioned offices, excluding the Office of the General Counsel, 
shall not be augmented by personnel details, temporary transfers of 
personnel on either a reimbursable or nonreimbursable basis or any other 
type of formal or informal transfer or reimbursement of personnel or 
funds on either a temporary or long-term basis above the level of 33 
personnel: Provided further, That no general administrative charge shall 
be applied against any assigned activity included in this Act and, 
further, that any direct administrative expenses applied against 
assigned activities shall be limited to 5 percent of the funds provided 
for that assigned activity: Provided further, That of the amount made 
available under this heading for the National Marine Fisheries Services 
Pacific Salmon Treaty Program, $10,000,000 is appropriated for a 
Southern Boundary and Transboundary Rivers Restoration Fund, subject to 
express authorization.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their

[[Page 113 STAT. 1501A-30]]

dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), 
such sums as may be necessary.

                procurement, acquisition and construction

                     (including transfers of funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $596,067,000, to remain available until 
expended: Provided, That unexpended balances of amounts previously made 
available in the ``Operations, Research, and Facilities'' account for 
activities funded under this heading may be transferred to and merged 
with this account, to remain available until expended for the purposes 
for which the funds were originally appropriated.

                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations and the implementation of the 1999 Pacific Salmon 
Treaty Agreement between the United States and Canada, $58,000,000.

                      coastal zone management fund

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for 
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) 
of such Act.

promote and develop fishery products and research pertaining to american 
                                fisheries

                       fisheries promotional fund

                              (rescission)

    All unobligated balances available in the Fisheries Promotional Fund 
are rescinded: Provided, That all obligated balances are transferred to 
the ``Operations, Research, and Facilities'' account.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $953,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                      foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to exceed 
$189,000, to remain available until expended.

[[Page 113 STAT. 1501A-31]]

                    fisheries finance program account

    For the cost of direct loans, $338,000, as authorized by the 
Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That none of the funds made available under this heading may be used for 
direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         General Administration

                          salaries and expenses

    For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to exceed 
$3,000 for official entertainment, $31,500,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$20,000,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that are 
under the control of the United States Air Force or the United States 
Air Force Reserve.
    Sec. 204. None of the funds provided in this or any previous Act, or 
hereinafter made available to the Department of Commerce, shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses authorized by section 
8501 of title 5, United States Code, for services performed by 
individuals appointed to temporary positions within the Bureau of the 
Census for purposes relating to the decennial censuses of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to

[[Page 113 STAT. 1501A-32]]

this section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit to 
the Committees on Appropriations of the House of Representatives and the 
Senate a plan for transferring funds provided in this Act to the 
appropriate successor organizations: Provided, That the plan shall 
include a proposal for transferring or rescinding funds appropriated 
herein for agencies or programs terminated under such legislation: 
Provided further, That such plan shall be transmitted in accordance with 
section 605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce, or 
any portion thereof, to cover the costs of actions relating to the 
abolishment, reorganization, or transfer of functions and any related 
personnel action, including voluntary separation incentives if 
authorized by such legislation: Provided, That the authority to transfer 
funds between appropriations accounts that may be necessary to carry out 
this section is provided in addition to authorities included under 
section 205 of this Act: Provided further, That use of funds to carry 
out this section shall be treated as a reprogramming of funds under 
section 605 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in that 
section.
    Sec. 207. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 208. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 209. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided by 
such fund, either on hand or on order, less the related liabilities or 
unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the department and other Federal agencies for which such centralized 
services

[[Page 113 STAT. 1501A-33]]

are performed, at rates which will return in full all expenses of 
operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the Secretary: 
Provided further, That such fund shall provide services on a competitive 
basis: Provided further, That an amount not to exceed 4 percent of the 
total annual income to such fund may be retained in the fund for fiscal 
year 2000 and each fiscal year thereafter, to remain available until 
expended, to be used for the acquisition of capital equipment, and for 
the improvement and implementation of department financial management, 
ADP, and other support systems: Provided further, That such amounts 
retained in the fund for fiscal year 2000 and each fiscal year 
thereafter shall be available for obligation and expenditure only in 
accordance with section 605 of this Act: Provided further, That no later 
than 30 days after the end of each fiscal year, amounts in excess of 
this reserve limitation shall be deposited as miscellaneous receipts in 
the Treasury: Provided further, That such franchise fund pilot program 
shall terminate pursuant to section 403(f ) of Public Law 103-356.
    Sec. 210. Section 302(a)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(a)(1)(A)) is amended--
            (1) by striking ``17'' and inserting ``18''; and
            (2) by striking ``11'' and inserting ``12''.

    Sec. 211. Notwithstanding any other provision of law, of the amounts 
made available elsewhere in this title to the ``National Institute of 
Standards and Technology, Construction of Research Facilities'', 
$2,000,000 is appropriated to the Institute at Saint Anselm College, 
$700,000 is appropriated to the New Hampshire State Library, and 
$9,000,000 is appropriated to fund a cooperative agreement with the 
Medical University of South Carolina.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2000''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $35,492,000.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by the 
Act approved May 7, 1934 (40 U.S.C. 13a-

[[Page 113 STAT. 1501A-34]]

13b), $8,002,000, of which $5,101,000 shall remain available until 
expended.

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $16,797,000.

               United States Court of International Trade

                          salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services as authorized by 5 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$11,957,000.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $2,958,138,000 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 shall 
remain available until expended for space alteration projects; and of 
which not to exceed $10,000,000 shall remain available until expended 
for furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for activities of the Federal Judiciary as authorized 
by law, $156,539,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund, as authorized by 
section 190001(a) of Public Law 103-322, and sections 818 and 823 of 
Public Law 104-132.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                            defender services

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant

[[Page 113 STAT. 1501A-35]]

has waived representation by counsel; the compensation and reimbursement 
of travel expenses of guardians ad litem acting on behalf of financially 
eligible minor or incompetent offenders in connection with transfers 
from the United States to foreign countries with which the United States 
has a treaty for the execution of penal sentences; and the compensation 
of attorneys appointed to represent jurors in civil actions for the 
protection of their employment, as authorized by 28 U.S.C. 1875(d), 
$358,848,000, to remain available until expended as authorized by 18 
U.S.C. 3006A(i).
    In addition, for activities of the Federal Judiciary as authorized 
by law, $26,247,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund, as authorized by 
section 19001(a) of Public Law 103-322, and sections 818 and 823 of 
Public Law 104-132.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $60,918,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to the 
procurement, installation, and maintenance of security equipment and 
protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection of 
packages, directed security patrols, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access to 
Justice Act (Public Law 100-702), $193,028,000, of which not to exceed 
$10,000,000 shall remain available until expended for security systems, 
to be expended directly or transferred to the United States Marshals 
Service, which shall be responsible for administering elements of the 
Judicial Security Program consistent with standards or guidelines agreed 
to by the Director of the Administrative Office of the United States 
Courts and the Attorney General.

            Administrative Office of the United States Courts

                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $55,000,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

[[Page 113 STAT. 1501A-36]]

                         Federal Judicial Center

                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $18,000,000; of which $1,800,000 shall remain 
available through September 30, 2001, to provide education and training 
to Federal court personnel; and of which not to exceed $1,000 is 
authorized for official reception and representation expenses.

                        Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $29,500,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $8,000,000; and to the United 
States Court of Federal Claims Judges' Retirement Fund, as authorized by 
28 U.S.C. 178(l), $2,200,000.

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $8,500,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                    General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and 
judges of the United States are authorized during fiscal year 2000, to 
receive a salary adjustment in accordance with 28 U.S.C.

[[Page 113 STAT. 1501A-37]]

461: Provided, That $9,611,000 is appropriated for salary adjustments 
pursuant to this section and such funds shall be transferred to and 
merged with appropriations in title III of this Act.
    Sec. 305. Section 604(a)(5) of title 28, United States Code, is 
amended by adding before the semicolon at the end thereof the following: 
``, and, notwithstanding any other provision of law, pay on behalf of 
Justices and judges of the United States appointed to hold office during 
good behavior, aged 65 or over, any increases in the cost of Federal 
Employees' Group Life Insurance imposed after April 24, 1999, including 
any expenses generated by such payments, as authorized by the Judicial 
Conference of the United States''.
    Sec. 306. The second paragraph of section 112(c) of title 28, United 
States Code, is amended to read ``Court for the Eastern District shall 
be held at Brooklyn, Hauppauge, Hempstead (including the village of 
Uniondale), and Central Islip.''.
    Sec. 307. Pursuant to the requirements of section 156(d) of title 
28, United States Code, Congress hereby approves the consolidation of 
the Office of the Bankruptcy Clerk with the Office of the District Clerk 
of Court in the Southern District of West Virginia.
    Sec. 308. (a) In General.--Section 3006A(d)(4)(D)(vi) of title 18, 
United States Code, is amended by adding after the word ``require'' the 
following: ``, except that the amount of the fees shall not be 
considered a reason justifying any limited disclosure under section 
3006A(d)(4) of title 18, United States Code''.
    (b) Effective Date.--This section shall apply to all disclosures 
made under section 3006A(d) of title 18, United States Code, related to 
any criminal trial or appeal involving a sentence of death where the 
underlying alleged criminal conduct took place on or after April 19, 
1995.
    Sec. 309. (a) The President shall appoint, by and with the advice 
and consent of the Senate--
            (1) three additional district judges for the district of 
        Arizona;
            (2) four additional district judges for the middle district 
        of Florida; and
            (3) two additional district judges for the district of 
        Nevada.

    (b) In order that the table contained in section 133 of title 28, 
United States Code, will reflect the changes in the total number of 
permanent district judgeships authorized as a result of subsection (a) 
of this section--
            (1) the item relating to Arizona in such table is amended to 
        read as follows:

``Arizona......................................................... 11'';

            (2) the item relating to Florida in such table is amended to 
        read as follows:

``Florida:
    Northern......................................................    4 
    Middle........................................................   15 
    Southern......................................................16''; 

        and
            (3) the item relating to Nevada in such table is amended to 
        read as follows:

``Nevada..........................................................  6''.

    (c) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section, including

[[Page 113 STAT. 1501A-38]]

such sums as may be necessary to provide appropriate space and 
facilities for the judicial positions created by this section.
    This title may be cited as ``The Judiciary Appropriations Act, 
2000''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by the 
State Department Basic Authorities Act of 1956, as amended, the Mutual 
Educational and Cultural Exchange Act of 1961, as amended, and the 
United States Information and Educational Exchange Act of 1948, as 
amended, including employment, without regard to civil service and 
classification laws, of persons on a temporary basis (not to exceed 
$700,000 of this appropriation), as authorized by section 801 of such 
Act; expenses authorized by section 9 of the Act of August 31, 1964, as 
amended; representation to certain international organizations in which 
the United States participates pursuant to treaties, ratified pursuant 
to the advice and consent of the Senate, or specific Acts of Congress; 
arms control, nonproliferation and disarmanent activities as authorized 
by the Arms Control and Disarmament Act of September 26, 1961, as 
amended; acquisition by exchange or purchase of passenger motor vehicles 
as authorized by law; and for expenses of general administration, 
$2,569,825,000: Provided, That, of the amount made available under this 
heading, not to exceed $4,000,000 may be transferred to, and merged 
with, funds in the ``Emergencies in the Diplomatic and Consular 
Service'' appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That, of the amount 
made available under this heading, not to exceed $4,500,000 may be 
transferred to, and merged with, funds in the ``International 
Broadcasting Operations'' appropriations account only to avoid 
reductions in force at the Voice of America, subject to the 
reprogramming procedures described in section 605 of this Act: Provided 
further, That, in fiscal year 2000, all receipts collected from 
individuals for assistance in the preparation and filing of an affidavit 
of support pursuant to section 213A of the Immigration and Nationality 
Act shall be deposited into this account as an offsetting collection and 
shall remain available until expended: Provided further, That of the 
amount made available under this heading, $236,291,000 shall be 
available only for public diplomacy international information programs: 
Provided further, That of the amount made available under this heading, 
$500,000 shall be available only for the National Law Center for Inter-
American Free Trade: Provided further, That of the amount made available 
under this heading, $2,500,000 shall be available only for overseas 
continuing language education: Provided further, That of the amount made 
available under this heading, not to exceed $1,162,000 shall be 
available for transfer to the Presidential Advisory Commission on 
Holocaust Assets in the United States: Provided further, That any amount 
transferred pursuant to the previous proviso shall not result in a total 
amount

[[Page 113 STAT. 1501A-39]]

transferred to the Commission from all Federal sources that exceeds the 
authorized amount: Provided further, That notwithstanding section 
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, fees may be 
collected during fiscal years 2000 and 2001, under the authority of 
section 140(a)(1) of that Act: Provided further, That all fees collected 
under the preceding proviso shall be deposited in fiscal years 2000 and 
2001 as an offsetting collection to appropriations made under this 
heading to recover costs as set forth under section 140(a)(2) of that 
Act and shall remain available until expended: Provided further, That of 
the amount made available under this heading, $10,000,000 is 
appropriated for a Northern Boundary and Transboundary Rivers 
Restoration Fund: Provided further, That of the amount made available 
under this heading, not less than $9,000,000 shall be available for the 
Office of Defense Trade Controls.
    In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed $6,000,000, to 
remain available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, library, 
motion pictures, and publication programs, and from fees from 
educational advising and counseling, and exchange visitor programs; and, 
in addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities 
in accordance with section 46 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2718(a)).
    In addition, for the costs of worldwide security upgrades, 
$254,000,000, to remain available until expended.

                         capital investment fund

    For necessary expenses of the Capital Investment Fund, $80,000,000, 
to remain available until expended, as authorized in Public Law 103-236: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1) 
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as 
it relates to post inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977, as amended (91 Stat. 1636), $205,000,000, to remain available 
until expended as authorized by section 105

[[Page 113 STAT. 1501A-40]]

of such Act of 1961 (22 U.S.C. 2455): Provided, That not to exceed 
$800,000, to remain available until expended, may be credited to this 
appropriation from fees or other payments received from or in connection 
with English teaching and educational advising and counseling programs 
as authorized by section 810 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1475e).

                        representation allowances

    For representation allowances as authorized by section 905 of the 
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $5,850,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services in accordance 
with the provisions of section 214 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000, 
to remain available until September 30, 2001.

           security and maintenance of united states missions

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, renovating, in addition to 
funds otherwise available, the Main State Building, and carrying out the 
Diplomatic Security Construction Program as authorized by title IV of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 
4851), $428,561,000, to remain available until expended as authorized by 
section 24(c) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2696(c)), of which not to exceed $25,000 may be used for 
representation as authorized by section 905 of the Foreign Service Act 
of 1980, as amended (22 U.S.C. 4085): Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.
    In addition, for the costs of worldwide security upgrades, 
$313,617,000, to remain available until expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service 
pursuant to the requirement of 31 U.S.C. 3526(e), and as authorized by 
section 804(3) of the United States Information and Educational Exchange 
Act of 1948, as amended, $5,500,000, to remain available until expended 
as authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may 
be transferred to and merged with the Repatriation Loans Program 
Account, subject to the same terms and conditions.

[[Page 113 STAT. 1501A-41]]

                   repatriation loans program account

    For the cost of direct loans, $593,000, as authorized by section 4 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974. In addition, for administrative expenses necessary to carry out 
the direct loan program, $607,000, which may be transferred to and 
merged with the Diplomatic and Consular Programs account under 
Administration of Foreign Affairs.

               payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, Public 
Law 96-8, $15,375,000.

      payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $128,541,000.

               International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties, ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $885,203,000: 
Provided, That any payment of arrearages under this title shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known to 
the United States Government by such organization for loans incurred on 
or after October 1, 1984, through external borrowings: Provided further, 
That funds appropriated under this paragraph may be obligated and 
expended to pay the full United States assessment to the civil budget of 
the North Atlantic Treaty Organization.

         contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $500,000,000, of which 
not to exceed $20,000,000 shall remain available until September 30, 
2001: Provided, That none of the funds made available under this Act 
shall be obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency, as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that

[[Page 113 STAT. 1501A-42]]

will be served, and the planned exit strategy; and (2) a reprogramming 
of funds pursuant to section 605 of this Act is submitted, and the 
procedures therein followed, setting forth the source of funds that will 
be used to pay for the cost of the new or expanded mission: Provided 
further, That funds shall be available for peacekeeping expenses only 
upon a certification by the Secretary of State to the appropriate 
committees of the Congress that American manufacturers and suppliers are 
being given opportunities to provide equipment, services, and material 
for United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers: Provided further, That none of the 
funds made available under this heading are available to pay the United 
States share of the cost of court monitoring that is part of any United 
Nations peacekeeping mission.

                           arrearage payments

    For an additional amount for payment of arrearages to meet 
obligations of authorized membership in international multilateral 
organizations, and to pay assessed expenses of international 
peacekeeping activities, $244,000,000, to remain available until 
expended: Provided, That none of the funds appropriated or otherwise 
made available under this heading for payment of arrearages may be 
obligated or expended until such time as the share of the total of all 
assessed contributions for any designated specialized agency of the 
United Nations does not exceed 22 percent for any single member of the 
agency, and the designated specialized agencies have achieved zero 
nominal growth in their biennium budgets for 2000-2001 from the 1998-
1999 biennium budget levels of the respective agencies: Provided futher, 
That, notwithstanding the preceding proviso, an additional amount, not 
to exceed $107,000,000, which is owed by the United Nations to the 
United States as a reimbursement, including any reimbursement under the 
Foreign Assistance Act of 1961 or the United Nations Participation Act 
of 1945, that was owed to the United States before the date of the 
enactment of this Act shall be applied or used, without fiscal year 
limitations, to reduce any amount owed by the United States to the 
United Nations.

                        International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $19,551,000.

[[Page 113 STAT. 1501A-43]]

                              construction

    For detailed plan preparation and construction of authorized 
projects, $5,939,000, to remain available until expended, as authorized 
by section 24(c) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2696(c)).

              american sections, international commissions

    For necessary expenses, not otherwise provided for the International 
Joint Commission and the International Boundary Commission, United 
States and Canada, as authorized by treaties between the United States 
and Canada or Great Britain, and for the Border Environment Cooperation 
Commission as authorized by Public Law 103-182, $5,733,000, of which not 
to exceed $9,000 shall be available for representation expenses incurred 
by the International Joint Commission.

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $15,549,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions, pursuant to 31 U.S.C. 3324.

                                  Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by section 501 of 
Public Law 101-246, $8,250,000, to remain available until expended, as 
authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)).

            eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2000, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance 
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 
(Cost Principles for Non-profit Organizations), including the 
restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 30, 
2000, to remain available until expended.

[[Page 113 STAT. 1501A-44]]

                            east-west center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center 
for Cultural and Technical Interchange Between East and West in the 
State of Hawaii, $12,500,000: Provided, That none of the funds 
appropriated herein shall be used to pay any salary, or enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376.

                           north/south center

    To enable the Secretary of State to provide for carrying out the 
provisions of the North/South Center Act of 1991 (22 U.S.C. 2075), by 
grant to an educational institution in Florida known as the North/South 
Center, $1,750,000, to remain available until expended.

                    national endowment for democracy

    For grants made by the Department of State to the National Endowment 
for Democracy as authorized by the National Endowment for Democracy Act, 
$31,000,000 to remain available until expended.

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, Reorganization Plan 
No. 2 of 1977, as amended, and the Foreign Affairs Reform and 
Restructuring Act of 1998, to carry out international communication 
activities, $388,421,000, of which not to exceed $16,000 may be used for 
official receptions within the United States as authorized by section 
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000 
may be used for representation abroad as authorized by section 302 of 
such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service 
Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be used for 
official reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other provision of 
law, not to exceed $2,000,000 in receipts from advertising and revenue 
from business ventures, not to exceed $500,000 in receipts from 
cooperating international organizations, and not to exceed $1,000,000 in 
receipts from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.

                          broadcasting to cuba

    For expenses necessary to enable the Broadcasting Board of Governors 
to carry out the Radio Broadcasting to Cuba Act, as

[[Page 113 STAT. 1501A-45]]

amended, the Television Broadcasting to Cuba Act, and the International 
Broadcasting Act of 1994, and the Foreign Affairs Reform and 
Restructuring Act of 1998, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception, and purchase and installation of necessary equipment for 
radio and television transmission and reception, $22,095,000, to remain 
available until expended: Provided, That funds may be used to purchase 
or lease, maintain, and operate such aircraft (including aerostats) as 
may be required to house and operate necessary television broadcasting 
equipment.

                    broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1471), $11,258,000, to 
remain available until expended, as authorized by section 704(a) of such 
Act of 1948 (22 U.S.C. 1477b(a)).

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. The Secretary of State is authorized to administer summer 
travel and work programs without regard to preplacement requirements.
    Sec. 404. Beginning in fiscal year 2000 and thereafter, section 
410(a) of the Department of State and Related Agencies Appropriations 
Act, 1999, as included in Public Law 105-277, shall be in effect.
    Sec. 405. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 406. None of the funds appropriated or otherwise made available 
in this Act for the United Nations may be used by the

[[Page 113 STAT. 1501A-46]]

United Nations for the promulgation or enforcement of any treaty, 
resolution, or regulation authorizing the United Nations, or any of its 
specialized agencies or affiliated organizations, to tax any aspect of 
the Internet.
    Sec. 407. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, section 309(g) of the International 
Broadcasting Act of 1994, and section 15 of the State Department Basic 
Authorities Act of 1956.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2000''.

                        TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                         Maritime Administration

                        maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet to serve the national security needs of the United States, 
$96,200,000, to remain available until expended.

                         operations and training

    For necessary expenses of operations and training activities 
authorized by law, $72,073,000.

           maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $6,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,000,000,000.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, not to exceed $3,809,000, which shall be transferred to 
and merged with the appropriation for Operations and Training.

           administrative provisions--maritime administration

    Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year from 
the construction fund established by the Merchant Marine Act, 1936, or 
otherwise, in excess of the appropriations and limitations contained in 
this Act or in any prior appropriation Act.

[[Page 113 STAT. 1501A-47]]

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $490,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,900,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, That 
none of the funds appropriated in this paragraph shall be used to employ 
in excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days.

               Advisory Commission on Electronic Commerce

                          salaries and expenses

    For the necessary expenses of the Advisory Commission on Electronic 
Commerce, as authorized by Public Law 105-277, $1,400,000.

            Commission on Security and Cooperation In Europe

                          salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304, $1,182,000, to remain 
available until expended as authorized by section 3 of Public Law 99-7.

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; and not to exceed $29,000,000 for payments to State 
and local enforcement agencies for services to the Commission pursuant 
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and 
14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$282,000,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

[[Page 113 STAT. 1501A-48]]

                    Federal Communications Commission

                          salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase (not to exceed 16) and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $210,000,000, of which not to exceed $300,000 shall remain 
available until September 30, 2001, for research and policy studies: 
Provided, That $185,754,000 of offsetting collections shall be assessed 
and collected pursuant to section 9 of title I of the Communications Act 
of 1934, as amended, and shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2000 so as to result in a final fiscal year 2000 appropriation estimated 
at $24,246,000: Provided further, That any offsetting collections 
received in excess of $185,754,000 in fiscal year 2000 shall remain 
available until expended, but shall not be available for obligation 
until October 1, 2000.

                       Federal Maritime Commission

                          salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, $14,150,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $104,024,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or persons 
for collection services in accordance with the terms of 31 U.S.C. 3718, 
as amended: Provided further, That, notwithstanding section 3302(b) of 
title 31, United States Code, not to exceed $104,024,000 of offsetting 
collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in 
this appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall be 
reduced

[[Page 113 STAT. 1501A-49]]

as such offsetting collections are received during fiscal year 2000, so 
as to result in a final fiscal year 2000 appropriation from the general 
fund estimated at not more than $0, to remain available until expended: 
Provided further, That none of the funds made available to the Federal 
Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242; 105 Stat. 2282-2285).

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$305,000,000, of which $289,000,000 is for basic field programs and 
required independent audits; $2,100,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; $8,900,000 is for management 
and administration; and $5,000,000 is for client self-help and 
information technology.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 1999 and 2000, respectively.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of Public Law 92-522, as amended, $1,270,000.

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $173,800,000 from fees collected in fiscal year 
2000 to remain available until expended, and from fees collected in 
fiscal year 1998, $194,000,000, to remain available until expended; of 
which not to exceed $10,000 may be used toward funding a permanent 
secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental

[[Page 113 STAT. 1501A-50]]

and other regulatory officials, members of their delegations, 
appropriate representatives and staff to exchange views concerning 
developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and foreign 
invitees in attendance at such consultations and meetings including: (1) 
such incidental expenses as meals taken in the course of such 
attendance; (2) any travel and transportation to or from such meetings; 
and (3) any other related lodging or subsistence: Provided, That fees 
and charges authorized by sections 6(b)(4) of the Securities Act of 1933 
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934 
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting 
collections.

                      Small Business Administration

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $282,300,000: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the Small 
Business Administration, and certain loan servicing activities: Provided 
further, That, notwithstanding 31 U.S.C. 3302, revenues received from 
all such activities shall be credited to this account, to be available 
for carrying out these purposes without further appropriations: Provided 
further, That $84,500,000 shall be available to fund grants for 
performance in fiscal year 2000 or fiscal year 2001 as authorized by 
section 21 of the Small Business Act, as amended.
    In addition, for the costs of programs related to the New Markets 
Venture Capitol program, $10,500,000, of which $1,500,000 shall be for 
BusinessLINC, and of which $9,000,000 shall be for technical assistance: 
Provided, That the funds appropriated under this paragraph shall not be 
available for obligation until the New Markets Venture Capitol program 
is authorized by subsequent legislation.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $11,000,000.

                     business loans program account

    For the cost of guaranteed loans, $137,800,000, as authorized by 15 
U.S.C. 631 note or subsequently authorized for the New Markets Venture 
Capital program, of which $45,000,000 shall remain available until 
September 30, 2001: Provided, That of the total provided, $6,000,000 
shall be available only for the cost of guaranteed loans under the New 
Markets Venture Capitol program and shall become available for 
obligation only upon authorization of such program by the enactment of 
subsequent legislation in

[[Page 113 STAT. 1501A-51]]

fiscal year 2000: Provided further, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
during fiscal year 2000, commitments to guarantee loans under section 
503 of the Small Business Investment Act of 1958, as amended, shall not 
exceed the amount of financings authorized under section 20(e)(1)(B)(ii) 
of the Small Business Act, as amended: Provided further, That during 
fiscal year 2000, commitments for general business loans authorized 
under section 7(a) of the Small Business Act, as amended, shall not 
exceed $10,000,000,000 without prior notification of the Committees on 
Appropriations of the House of Representatives and Senate in accordance 
with section 605 of this Act: Provided further, That during fiscal year 
2000, commitments to guarantee loans under section 303(b) of the Small 
Business Investment Act of 1958, as amended, shall not exceed the amount 
of guarantees of debentures authorized under section 20(e)(1)(C)(ii) of 
the Small Business Act, as amended.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $129,000,000, which may be transferred to and 
merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the Small 
Business Act, as amended, $140,400,000 to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $136,000,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office of 
Inspector General: Provided, That any amount in excess of $20,000,000 to 
be transferred to and merged with appropriations for Salaries and 
Expenses for indirect administrative expenses shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

         administrative provision--small business administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

[[Page 113 STAT. 1501A-52]]

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1992 (Public Law 
102-572; 106 Stat. 4515-4516), $6,850,000, to remain available until 
expended: Provided, That not to exceed $2,500 shall be available for 
official reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under existing 
Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 2000, 
or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) reorganizes 
offices, programs, or activities; or (6) contracts out or privatizes any 
functions, or activities presently performed by Federal employees; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
     (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2000, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change

[[Page 113 STAT. 1501A-53]]

in existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on religion, 
when it is made known to the Federal entity or official to which such 
funds are made available that such guidelines do not differ in any 
respect from the proposed guidelines published by the Commission on 
October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds: (1) that the 
United Nations undertaking is a peacekeeping mission; (2) that such 
undertaking will involve United States Armed Forces under the command or 
operational control of a foreign national; and (3) that the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such a 
recommendation.
    Sec. 610. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of section 609 of 
that Act shall continue to apply during fiscal year 2000.
    Sec. 611. Notwithstanding any other provision of law, not more than 
20 percent of the amount allocated to any account

[[Page 113 STAT. 1501A-54]]

from an appropriation made by this Act that is available for obligation 
only in the current fiscal year may be obligated during the last 2 
months of the fiscal year unless the Committees on Appropriations of the 
House of Representatives and the Senate are notified prior to such 
obligation in accordance with section 605 of this Act: Provided, That 
this section shall not apply to the obligation of funds under grant 
programs.
    Sec. 612. None of the funds made available in this Act shall be used 
to provide the following amenities or personal comforts in the Federal 
prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or training 
        equipment for boxing, wrestling, judo, karate, or other martial 
        art, or any bodybuilding or weightlifting equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or heating 
        elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.

    Sec. 613. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a 
modernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys.
    Sec. 614. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 615. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when it 
is made known to the Federal official having authority to obligate or 
expend such funds that such information or material is sexually explicit 
or features nudity.
    Sec. 616. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to an 
entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus

[[Page 113 STAT. 1501A-55]]

Crime Control and Safe Streets Act of 1968) does not provide such a 
public safety officer who retires or is separated from service due to 
injury suffered as the direct and proximate result of a personal injury 
sustained in the line of duty while responding to an emergency situation 
or a hot pursuit (as such terms are defined by State law) with the same 
or better level of health insurance benefits at the time of retirement 
or separation as they received while on duty.
    Sec. 617. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to seek 
the reduction or removal by any foreign country of restrictions on the 
marketing of tobacco or tobacco products, except for restrictions which 
are not applied equally to all tobacco or tobacco products of the same 
type.
    Sec. 618. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) Subsection (a)(1) of section 616 of that Act is amended--
            (1) by striking ``and'' after ``Gonzalez''; and
            (2) by inserting before the semicolon at the end of the 
        subsection, ``, Jean-Yvon Toussaint, and Jimmy Lalanne''.

    (c) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2000.
    Sec. 619. None of the funds appropriated pursuant to this Act or any 
other provision of law may be used for: (1) the implementation of any 
tax or fee in connection with the implementation of 18 U.S.C. 922(t); 
and (2) any system to implement 18 U.S.C. 922(t) that does not require 
and result in the destruction of any identifying information submitted 
by or on behalf of any person who has been determined not to be 
prohibited from owning a firearm.
    Sec. 620. Notwithstanding any other provision of law, amounts 
deposited in the Fund established under 42 U.S.C. 10601 in fiscal year 
1999 in excess of $500,000,000 shall not be available for obligation 
until October 1, 2000.
    Sec. 621. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the Senate 
for advice and consent to ratification pursuant to article II, section 
2, clause 2, of the United States Constitution, and which has not 
entered into force pursuant to article 25 of the Protocol.
    Sec. 622. For an additional amount for ``Small Business 
Administration, Salaries and Expenses'', $30,000,000, of which 
$2,500,000 shall be available for a grant to the NTTC at Wheeling Jesuit 
University to continue the outreach program to assist small business 
development; $2,000,000 shall be available for a grant for Western 
Carolina University to develop a facility to assist in small business 
and rural economic development; $3,000,000 shall be available for a 
grant to the Bronx Museum of the Arts, New York, to develop a facility; 
$750,000 shall be available for a grant to Soundview Community in Action 
for a technology access and

[[Page 113 STAT. 1501A-56]]

business improvement project; $2,500,000 shall be available for a grant 
for the City of Hazard, Kentucky for a Center for Rural Law Enforcement 
Technology and Training; $1,000,000 shall be available for a grant to 
the State University of New York to develop a facility and operate the 
Institute of Entrepreneurship for small business and workforce 
development; $1,000,000 shall be available for a grant for Pikeville 
College, School of Osteopathic Medicine for a telemedicine and medical 
education network; $1,000,000 shall be available for a grant to 
Operation Hope in Maywood, California for a business incubator project; 
$1,900,000 shall be available for a grant to the Southern Kentucky 
Tourism Development Association to develop a facility for regional 
tourism promotion; $1,000,000 shall be available for a grant to the 
Southern Kentucky Economic Development Corporation to support a science 
and technology business loan fund; $500,000 shall be available for a 
grant for the Moundsville Economic Development Council to work in 
conjunction with the Office of Law Enforcement Technology 
Commercialization for the establishment of the National Corrections and 
Law Enforcement Training and Technology Center, and for infrastructure 
improvements associated with this initiative; $8,550,000 shall be 
available for a grant to Somerset Community College to develop a 
facility to support workforce development and skills training; $200,000 
shall be available for a grant for the Vandalia Heritage Foundation to 
fulfill its charter purposes; $2,000,000 shall be available for a grant 
for the Illinois Coalition to establish and operate a national 
demonstration project in the DuPage County Research Park providing one-
stop access for technology startup businesses; $200,000 shall be 
available for a grant to Rural Enterprises, Inc., in Durant, Oklahoma to 
support a resource center for rural businesses; $500,000 shall be 
available for a grant for the City of Chicago to establish and operate a 
program for technology-based business growth; $500,000 shall be 
available for a grant for the Illinois Department of Commerce and 
Community Affairs to develop strategic plans for technology-based 
business growth; $200,000 shall be available for a grant to the Long 
Island Bay Shore Aquarium to develop a facility; $150,000 shall be 
available for a grant to Miami-Dade Community College for an 
Entrepreneurial Education Center; $300,000 shall be available for a 
grant for the Western Massachusetts Enterprise Fund for a 
microenterprise loan program; and $250,000 shall be available for a 
grant for the Johnstown Area Regional Industries Center to develop a 
small business incubator facility.
    Sec. 623. (a) Northern Fund and Southern Fund.--
            (1) As provided in the June 30, 1999, Agreement of the 
        United States and Canada on the Treaty Between the Government of 
        the United States and the Government of Canada Concerning 
        Pacific Salmon, 1985 (hereafter referred to as the ``1999 
        Pacific Salmon Treaty Agreement'') there are hereby established 
        a Northern Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the ``Northern 
        Fund'') and a Southern Boundary Restoration and Enhancement Fund 
        (hereafter referred to as the ``Southern Fund'') to be held by 
        the Pacific Salmon Commission. The Northern Fund and Southern 
        Fund shall be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve the highest 
        annual yield consistent with protecting the principal of each 
        Fund. The Northern Fund and

[[Page 113 STAT. 1501A-57]]

        Southern Fund shall each receive $10,000,000, of the amounts 
        authorized by this section. Income from investments made 
        pursuant to this paragraph shall be available until expended, 
        without appropriation or fiscal year limitation, for programs 
        and activities relating to salmon restoration and enhancement, 
        salmon research, the conservation of salmon habitat, and 
        implementation of the Pacific Salmon Treaty and related 
        agreements. Amounts provided by grants under this subsection may 
        be held in interest bearing accounts prior to the disbursement 
        of such funds for program purposes, and any interest earned may 
        be retained for program purposes without further appropriation. 
        The Northern Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to unrestricted 
        circulars of the Office of Management and Budget. Recipients of 
        amounts from either Fund shall keep separate accounts and such 
        records as are reasonably necessary to disclose the use of the 
        funds as well as to facilitate effective audits.
            (2) Fund Management.--
                    (A) As provided in the 1999 Pacific Salmon Treaty 
                Agreement, amounts made available from the Northern Fund 
                pursuant to paragraph (1) shall be administered by a 
                Northern Fund Committee, which shall be comprised of 
                three representatives of the Government of Canada, and 
                three representatives of the United States. The three 
                United States representatives shall be the United States 
                Commissioner and Alternate Commissioner appointed (or 
                designated) from a list submitted by the Governor of 
                Alaska for appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National Marine 
                Fisheries Service for the Alaska Region. Only programs 
                and activities consistent with the purposes in paragraph 
                (1) which affect the geographic area from Cape Caution, 
                Canada to Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                    (B) As provided in the 1999 Pacific Salmon Treaty 
                Agreement, amounts made available from the Southern Fund 
                pursuant to paragraph (1) shall be administered by a 
                Southern Fund Committee, which shall be comprised of 
                three representatives of Canada and three 
                representatives of the United States. The United States 
                representatives shall be appointed by the Secretary of 
                Commerce: one shall be selected from a list of three 
                qualified individuals submitted by the Governors of the 
                States of Washington and Oregon; one shall be selected 
                from a list of three qualified individuals submitted by 
                the treaty Indian tribes (as defined by the Secretary of 
                Commerce); and one shall be the Regional Administrator 
                of the National Marine Fisheries Service for the 
                Northwest Region. Only programs and activities 
                consistent with the purposes in paragraph (1) which 
                affect the geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern Fund 
                Committee.

    (b) Pacific Salmon Treaty Implementation.--(1) None of the funds 
authorized by this section for implementation of the 1999 Pacific Salmon 
Treaty Agreement shall be made available

[[Page 113 STAT. 1501A-58]]

until each of the following conditions to the 1999 Pacific Salmon Treaty 
Agreement has been fulfilled--
            (A) stipulations are revised and court orders requested as 
        set forth in the letter of understanding of the United States 
        negotiators dated June 22, 1999. If such orders are not 
        requested by December 31, 1999, this condition shall be 
        considered unfulfilled; and
            (B) a determination is made that--
                    (i) the entry by the United States into the 1999 
                Pacific Salmon Treaty Agreement;
                    (ii) the conduct of the Alaskan fisheries pursuant 
                to the 1999 Pacific Salmon Treaty Agreement, without 
                further clarification or modification of the management 
                regimes contained therein; and
                    (iii) the decision by the North Pacific Fisheries 
                Management Council to continue to defer its management 
                authority over salmon to the State of Alaska are not 
                likely to cause jeopardy to, or adversely modify 
                designated critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in any 
                fishery subject to the Pacific Salmon Treaty.

    (2) If the requests for orders in subparagraph (1)(A) are withdrawn 
after December 31, 1999, or if such orders are not entered by March 1, 
2000, amounts in the Northern Fund and the Southern Fund shall be 
transferred to the general fund of the United States Treasury.
    (3) During the term of the 1999 Pacific Salmon Treaty Agreement, the 
Secretary of Commerce shall determine whether Southern United States 
fisheries are likely to cause jeopardy to, or adversely modify 
designated critical habitat of, any salmonid species listed under Public 
Law 93-205, as amended, before the Secretary of Commerce may initiate or 
reinitiate consultation on Alaska fisheries under such Act.
    (4) During the term of the 1999 Pacific Salmon Treaty Agreement, the 
Secretary of Commerce may not initiate or reinitiate consultation on 
Alaska fisheries under section 7 of Public Law 93-205, as amended, 
until--
            (A) the Pacific Salmon Commission has had a reasonable 
        opportunity to implement the provisions of the 1999 Pacific 
        Salmon Treaty Agreement, including the harvest responses 
        pursuant to paragraph 9, chapter 3 of Annex IV to the Pacific 
        Salmon Treaty; and
            (B) he determines, in consultation with the United States 
        Section of the Pacific Salmon Commission, that implementation 
        actions under the 1999 Agreement will not return escapements as 
        expeditiously as possible to maximum sustainable yield or other 
        biologically-based escapement objectives agreed to by the 
        Pacific Salmon Commission.

    (5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives of his intent to initiate or 
reinitiate consultation on Alaska fisheries.
    (6)(A) For purposes of this section, ``Alaska fisheries'' means all 
directed Pacific salmon fisheries off the coast of Alaska that are 
subject to the Pacific Salmon Treaty.
    (B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in Washington,

[[Page 113 STAT. 1501A-59]]

Oregon, and the Snake River basin of Idaho that are subject to the 
Pacific Salmon Treaty.
    (c) Improved Salmon Management.--Section 3(g) of Public Law 99-5, as 
amended, is amended--
            (1) in paragraph (1) by striking ``The'' and inserting 
        ``Except as provided in paragraph (2), the'';
            (2) by inserting after paragraph (1) the following new 
        paragraph:

    ``(2) A decision of the United States Section with respect to any 
salmon fishery regime covered by chapter 1 or 2 (except paragraph 4 of 
chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985 shall be 
taken upon the affirmative vote of the United States Commissioner 
appointed from the list submitted by the Governor of Alaska pursuant to 
subsection (a). A decision of the United States Section with respect to 
any salmon fishery regime covered by chapter 4, 5 (except paragraph 2(b) 
of chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be taken 
upon the affirmative vote of both the United States Commissioner 
appointed from the list submitted by the Governors of Washington and 
Oregon pursuant to subsection (a) and the United States Commissioner 
appointed from the list submitted by the treaty Indian tribes of the 
State of Idaho, Oregon, or Washington pursuant to subsection (a). Before 
a decision of the United States Section is made under this paragraph, 
the voting Commissioner or Commissioners shall consult with the 
Commissioner who is an official of the United States Government under 
subsection (a)''; and
            (3) by renumbering the existing paragraphs.

    (d) Authorization of Appropriations.--
            (1) For capitalizing the Northern Fund and the Southern 
        Fund, there is authorized to be appropriated in fiscal year 
        2000, $20,000,000.
            (2) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and implementation of the 1999 
        Pacific Salmon Treaty Agreement and related agreements, there is 
        authorized to be appropriated in fiscal year 2000, $50,000,000 
        to the States of California, Oregon, Washington, and Alaska. The 
        State of Alaska may allocate a portion of any funds it receives 
        under this subsection to eligible activities outside Alaska.
            (3) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and implementation of the 1999 
        Pacific Salmon Treaty Agreement and related agreements, there is 
        authorized to be appropriated $6,000,000 in fiscal year 2000 to 
        the Pacific Coastal tribes (as defined by the Secretary of 
        Commerce) and $2,000,000 in fiscal year 2000 to the Columbia 
        River tribes (as defined by the Secretary of Commerce).

Funds appropriated to the States under the authority of this section 
shall be subject to a 25 percent non-Federal match requirement. In 
addition, not more than 3 percent of such funds shall be available for 
administrative expenses, with the exception of funds used in the 
Washington State for the Forest and Fish Agreement.
    Sec. 624. Funds made available under Public Law 105-277 for costs 
associated with implementation of the American Fisheries Act of 1998 
(division C, title II, of Public Law 105-277) for vessel documentation 
activities shall remain available until expended.
    Sec. 625. Effective as of October 1, 1999, section 635 of Public Law 
106-58 is amended--

[[Page 113 STAT. 1501A-60]]

            (1) in subsection (b)(2), by inserting ``the carrier for'' 
        after ``if''; and
            (2) in subsection (c), by inserting ``or otherwise provide 
        for'' after ``to prescribe''.

    Sec. 626. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate the 
religious or moral beliefs of students who participate in programs for 
which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 627. None of the funds appropriated in this Act shall be 
available for the purpose of granting either immigrant or nonimmigrant 
visas, or both, consistent with the Secretary's determination under 
section 243(d) of the Immigration and Nationality Act, to citizens, 
subjects, nationals, or residents of countries that the Attorney General 
has determined deny or unreasonably delay accepting the return of 
citizens, subjects, nationals, or residents under that section.
    Sec. 628. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 629. Beginning 60 days from the date of the enactment of this 
Act, none of the funds appropriated or otherwise made available by this 
Act may be made available for the participation by delegates of the 
United States to the Standing Consultative Commission unless the 
President certifies and so reports to the Committees on Appropriations 
that the United States Government is not implementing the Memorandum of 
Understanding Relating to the Treaty Between the United States of 
America and the Union of Soviet Socialist Republics on the limitation of 
Anti-Ballistic Missile Systems of May 26, 1972, entered into in New York 
on September 26, 1997, by the United States, Russia, Kazakhstan, 
Belarus, and Ukraine, or until the Senate provides its advice and 
consent to the Memorandum of Understanding.
    Sec. 630. None of the funds made available in this Act may be used 
for any activity in support of adding or maintaining any World Heritage 
Site in the United States on the List of World Heritage in Danger as 
maintained under the Convention Concerning the Protection of the World 
Cultural and Natural Heritage.

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                     Drug Enforcement Administration

                   drug diversion control fee account

                              (rescission)

    Amounts otherwise available for obligation in fiscal year 2000 for 
the Drug Diversion Control Fee Account are reduced by $35,000,000.

[[Page 113 STAT. 1501A-61]]

                 Immigration and Naturalization Service

                       immigration emergency fund

                              (rescission)

    Of the unobligated balances available under this heading, $1,137,000 
are rescinded.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

                              (rescission)

    Of the unobligated balances available under this heading, 
$15,516,000 are rescinded.

                            RELATED AGENCIES

                      Small Business Administration

                     business loans program account

                              (rescission)

    Of the unobligated balances available under this heading, 
$13,100,000 are rescinded.
    This Act may be cited as the ``Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 2000''.

[[Page 113 STAT. 1501A-63]]



                          APPENDIX B--H.R. 3422

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of the enactment of this Act.

                          subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $759,000,000 to remain available until September 30, 
2003: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until September 30, 2018 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 
2000, 2001, 2002, and 2003: Provided further, That none of the funds 
appropriated by this Act or any prior Act appropriating funds for 
foreign operations, export financing, or related programs for tied-aid 
credits or grants may be used for any other purpose except through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
East European country, any Baltic State or any agency or national 
thereof.

[[Page 113 STAT. 1501A-64]]

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, and not to exceed $25,000 for official reception and 
representation expenses for members of the Board of Directors, 
$55,000,000: Provided, That necessary expenses (including special 
services performed on a contract or fee basis, but not including other 
personal services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral or other 
assets acquired by the Export-Import Bank in satisfaction of moneys owed 
the Export-Import Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal or technical aspects of any 
transaction for which an application for a loan, guarantee or insurance 
commitment has been made, shall be considered nonadministrative expenses 
for the purposes of this heading: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until October 
1, 2000.

                 overseas private investment corporation

                            noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $35,000,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                             program account

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961 to be 
derived by transfer from the Overseas Private Investment Corporation 
noncredit account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
be available for direct loan obligations and loan guaranty commitments 
incurred or made during fiscal years 2000 and 2001: Provided further, 
That such sums shall remain available through fiscal year 2008 for the 
disbursement of direct and guaranteed loans obligated in fiscal year 
2000, and through fiscal year 2009 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 2001: Provided further, That 
in addition, such sums as may be necessary for administrative expenses 
to carry out the credit program may be derived from amounts

[[Page 113 STAT. 1501A-65]]

available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account: Provided further, That 
funds made available under this heading or in prior appropriations Acts 
that are available for the cost of financing under section 234 of the 
Foreign Assistance Act of 1961, shall be available for purposes of 
section 234(g) of such Act, to remain available until expended.

                   Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $44,000,000, to remain available 
until September 30, 2001: Provided, That the Trade and Development 
Agency may receive reimbursements from corporations and other entities 
for the costs of grants for feasibility studies and other project 
planning services, to be deposited as an offsetting collection to this 
account and to be available for obligation until September 30, 2001, for 
necessary expenses under this paragraph: Provided further, That such 
reimbursements shall not cover, or be allocated against, direct or 
indirect administrative costs of the agency.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2000, unless otherwise 
specified herein, as follows:

                  agency for international development

                child survival and disease programs fund

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
basic education, assistance to combat tropical and other diseases, and 
related activities, in addition to funds otherwise available for such 
purposes, $715,000,000, to remain available until expended: Provided, 
That this amount shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) health and 
nutrition programs, and related education programs, which address the 
needs of mothers and children; (4) water and sanitation programs; (5) 
assistance for displaced and orphaned children; (6) programs for the 
prevention, treatment, and control of, and research on, tuberculosis, 
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000 
for basic education programs for children: Provided further, That none 
of the funds appropriated under this heading may be made available for 
nonproject assistance for health and child survival programs, except 
that funds may be made available for such assistance for ongoing health 
programs: Provided further, That $35,000,000 shall be available only for 
the HIV/AIDS programs requested under this heading in House Document 
106-101.

[[Page 113 STAT. 1501A-66]]

                         development assistance

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of sections 103 
through 106, and chapter 10 of part I of the Foreign Assistance Act of 
1961, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the 
Foreign Assistance Act of 1969, $1,228,000,000, to remain available 
until September 30, 2001: Provided, That of the amount appropriated 
under this heading, up to $5,000,000 may be made available for and 
apportioned directly to the Inter-American Foundation: Provided further, 
That of the amount appropriated under this heading, up to $14,400,000 
may be made available for the African Development Foundation and shall 
be apportioned directly to that agency: Provided further, That none of 
the funds made available in this Act nor any unobligated balances from 
prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this heading may be used to pay for the 
performance of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions; and that in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators for 
budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph

[[Page 113 STAT. 1501A-67]]

(4) of this proviso, the Administrator shall submit to the Committee on 
International Relations and the Committee on Appropriations of the House 
of Representatives and to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate, a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds for 
foreign operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That, notwithstanding section 
109 of the Foreign Assistance Act of 1961, of the funds appropriated 
under this heading in this Act, and of the unobligated balances of funds 
previously appropriated under this heading, $2,500,000 may be 
transferred to ``International Organizations and Programs'' for a 
contribution to the International Fund for Agricultural Development 
(IFAD): Provided further, That none of the funds appropriated under this 
heading may be made available for any activity which is in contravention 
to the Convention on International Trade in Endangered Species of Flora 
and Fauna (CITES): Provided further, That of the funds appropriated 
under this heading that are made available for assistance programs for 
displaced and orphaned children and victims of war, not to exceed 
$25,000, in addition to funds otherwise available for such purposes, may 
be used to monitor and provide oversight of such programs: Provided 
further, That of the funds appropriated under this heading not less than 
$500,000 should be made available for support of the United States 
Telecommunications Training Institute: Provided further, That, of the 
funds appropriated by this Act for the Microenterprise Initiative 
(including any local currencies made available for the purposes of the 
Initiative), not less than one-half should be made available for 
programs providing loans of less than $300 to very poor people, 
particularly women, or for institutional support of organizations 
primarily engaged in making such loans.

                                 cyprus

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to reduce 
tensions and promote peace and cooperation between the two communities 
on Cyprus.

                                 lebanon

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than

[[Page 113 STAT. 1501A-68]]

$15,000,000 should be made available for Lebanon to be used, among other 
programs, for scholarships and direct support of the American 
educational institutions in Lebanon.

                                  burma

    Of the funds appropriated under the headings ``Economic Support 
Fund'', ``Child Survival and Disease Programs Fund'' and ``Development 
Assistance'', not less than $6,500,000 shall be made available to 
support democracy activities in Burma, democracy and humanitarian 
activities along the Burma-Thailand border, and for Burmese student 
groups and other organizations located outside Burma: Provided, That 
funds made available for Burma-related activities under this heading may 
be made available notwithstanding any other provision of law: Provided 
further, That the provision of such funds shall be made available 
subject to the regular notification procedures of the Committees on 
Appropriations.

                   private and voluntary organizations

    None of the funds appropriated or otherwise made available by this 
Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 percent of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the Administrator of 
the Agency for International Development may, on a case-by-case basis, 
waive the restriction contained in this paragraph, after taking into 
account the effectiveness of the overseas development activities of the 
organization, its level of volunteer support, its financial viability 
and stability, and the degree of its dependence for its financial 
support on the agency.
    Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary organizations 
at a level which is at least equivalent to the level provided in fiscal 
year 1995.

                    international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 of 
the Foreign Assistance Act of 1961, as amended, $202,880,000, to remain 
available until expended: Provided, That the Agency for International 
Development shall submit a report to the Committees on Appropriations at 
least 5 days prior to providing assistance through the Office of 
Transition Initiatives for a country that did not receive such 
assistance in fiscal year 1999.

         micro and small enterprise development program account

    For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That guarantees 
of loans made under this heading in support of microenterprise 
activities may guarantee up to 70 percent of the principal amount of any 
such loans notwithstanding section

[[Page 113 STAT. 1501A-69]]

108 of the Foreign Assistance Act of 1961. In addition, for 
administrative expenses to carry out programs under this heading, 
$500,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That funds made available under this 
heading shall remain available until September 30, 2001.

             urban and environmental credit program account

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of 
the Foreign Assistance Act of 1961, $1,500,000, to remain available 
until expended: Provided, That these funds are available to subsidize 
loan principal, 100 percent of which shall be guaranteed, pursuant to 
the authority of such sections. In addition, for administrative expenses 
to carry out guaranteed loan programs, $5,000,000, all of which may be 
transferred to and merged with the appropriation for Operating Expenses 
of the Agency for International Development: Provided further, That 
commitments to guarantee loans under this heading may be entered into 
notwithstanding the second and third sentences of section 222(a) of the 
Foreign Assistance Act of 1961.

              development credit authority program account

    For the cost of direct loans and loan guarantees, up to $3,000,000 
to be derived by transfer from funds appropriated by this Act to carry 
out part I of the Foreign Assistance Act of 1961, as amended, and funds 
appropriated by this Act under the heading, ``assistance for eastern 
europe and the baltic states'', to remain available until expended, as 
authorized by section 635 of the Foreign Assistance Act of 1961: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That for administrative expenses to carry out 
the direct and guaranteed loan programs, up to $500,000 of this amount 
may be transferred to and merged with the appropriation for ``Operating 
Expenses of the Agency for International Development'': Provided 
further, That the provisions of section 107A(d) (relating to general 
provisions applicable to the Development Credit Authority) of the 
Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 
as reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading.

      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $43,837,000.

     operating expenses of the agency for international development

    For necessary expenses to carry out the provisions of section 667, 
$520,000,000: Provided, That, none of the funds appropriated

[[Page 113 STAT. 1501A-70]]

under this heading may be made available to finance the construction 
(including architect and engineering services), purchase, or long term 
lease of offices for use by the Agency for International Development, 
unless the Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or long term 
lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of these funds 
for such purposes: Provided further, That the previous proviso shall not 
apply where the total cost of construction (including architect and 
engineering services), purchase, or long term lease of offices does not 
exceed $1,000,000.

operating expenses of the agency for international development office of 
                            inspector general

    For necessary expenses to carry out the provisions of section 667, 
$25,000,000, to remain available until September 30, 2001, which sum 
shall be available for the Office of the Inspector General of the Agency 
for International Development.

                   Other Bilateral Economic Assistance

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,345,500,000, to remain available until September 30, 2001: 
Provided, That of the funds appropriated under this heading, not less 
than $960,000,000 shall be available only for Israel, which sum shall be 
available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of the enactment of this Act or by October 31, 1999, 
whichever is later: Provided further, That not less than $735,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum cash transfer assistance shall be provided 
with the understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in previous 
fiscal years, and of which not less than $200,000,000 shall be provided 
as Commodity Import Program assistance: Provided further, That in 
exercising the authority to provide cash transfer assistance for Israel, 
the President shall ensure that the level of such assistance does not 
cause an adverse impact on the total level of nonmilitary exports from 
the United States to such country and that Israel enters into a side 
letter agreement at least equivalent to the fiscal year 1999 agreement: 
Provided further, That of the funds appropriated under this heading, not 
less than $150,000,000 should be made available for assistance for 
Jordan: Provided further, That of the funds appropriated under this 
heading, not less than $25,000,000 should be made available for 
assistance for East Timor: Provided further, That notwithstanding any 
other provision of law, not to exceed $11,000,000 may be used to support 
victims of and programs related to the Holocaust: Provided further, That 
notwithstanding any other provision of law, of the funds appropriated 
under this heading, $1,000,000 shall be made available to 
nongovernmental organizations located outside of the People's Republic 
of China to support activities which preserve cultural traditions and 
promote sustainable development and environmental conservation in 
Tibetan communities in that country.

[[Page 113 STAT. 1501A-71]]

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2001.

           assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $535,000,000, to remain available until 
September 30, 2001, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading not less than $150,000,000 should be made available 
for assistance for Kosova: Provided further, That of the funds made 
available under this heading and the headings ``International Narcotics 
Control and Law Enforcement'' and ``Economic Support Fund'', not to 
exceed $130,000,000 shall be made available for Bosnia and Herzegovina: 
Provided further, That none of the funds made available under this 
heading for Kosova shall be made available until the Secretary of State 
certifies that the resources pledged by the United States at the 
upcoming Kosova donors conference shall not exceed 15 percent of the 
total resources pledged by all donors: Provided further, That none of 
the funds made available under this heading for Kosova shall be made 
available for large scale physical infrastructure reconstruction.
    (b) Funds appropriated under this heading or in prior appropriations 
Acts that are or have been made available for an Enterprise Fund may be 
deposited by such Fund in interest-bearing accounts prior to the Fund's 
disbursement of such funds for program purposes. The Fund may retain for 
such program purposes any interest earned on such deposits without 
returning such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary to make 
timely payment for projects and activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (d) None of the funds appropriated under this heading may be made 
available for new housing construction or repair or reconstruction of 
existing housing in Bosnia and Herzegovina unless directly related to 
the efforts of United States troops to promote peace in said country.
    (e) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used

[[Page 113 STAT. 1501A-72]]

by Bosnia and Herzegovina as local currency and local currency returned 
or repaid under such program) the Administrator of the Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (f ) The provisions of section 532 of this Act shall apply to funds 
made available under subsection (e) and to funds appropriated under this 
heading.
    (g) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between Iranian officials and 
Bosnian officials has not been terminated.

    assistance for the independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapter 11 
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support 
Act, for assistance for the Independent States of the former Soviet 
Union and for related programs, $839,000,000, to remain available until 
September 30, 2001: Provided, That the provisions of such chapter shall 
apply to funds appropriated by this paragraph: Provided further, That 
such sums as may be necessary may be transferred to the Export-Import 
Bank of the United States for the cost of any financing under the 
Export-Import Bank Act of 1945 for activities for the Independent 
States: Provided further, That of the funds made available for the 
Southern Caucasus region, 15 percent should be used for confidence-
building measures and other activities in furtherance of the peaceful 
resolution of the regional conflicts, especially those in the vicinity 
of Abkhazia and Nagorno-Karabagh: Provided further, That of the amounts 
appropriated under this heading not less than $20,000,000 shall be made 
available solely for the Russian Far East: Provided further, That of the 
funds made available under this heading $10,000,000 shall be made 
available for salaries and expenses to carry out the Russian Leadership 
Program enacted on May 21, 1999 (113 Stat. 93 et seq.).
    (b) Of the funds appropriated under this heading, not less than 
$180,000,000 should be made available for assistance for Ukraine.
    (c) Of the funds appropriated under this heading, not less than 
12.92 percent shall be made available for assistance for Georgia.
    (d) Of the funds appropriated under this heading, not less than 12.2 
percent shall be made available for assistance for Armenia.
    (e) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201;

[[Page 113 STAT. 1501A-73]]

            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee, or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

    (f ) Of the funds made available under this heading for nuclear 
safety activities, not to exceed 9 percent of the funds provided for any 
single project may be used to pay for management costs incurred by a 
United States national lab in administering said project.
    (g) Not more than 25 percent of the funds appropriated under this 
heading may be made available for assistance for any country in the 
region. Activities authorized under title V (nonproliferation and 
disarmament programs and activities) of the FREEDOM Support Act shall 
not be counted against the 25 percent limitation.
    (h) Of the funds appropriated under title II of this Act not less 
than $12,000,000 should be made available for assistance for Mongolia of 
which not less than $6,000,000 should be made available from funds 
appropriated under this heading: Provided, That funds made available for 
assistance for Mongolia may be made available in accordance with the 
purposes and utilizing the authorities provided in chapter 11 of part I 
of the Foreign Assistance Act of 1961.
    (i)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
50 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation has terminated 
implementation of arrangements to provide Iran with technical expertise, 
training, technology, or equipment necessary to develop a nuclear 
reactor, related nuclear research facilities or programs, or ballistic 
missile capability.
    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases and child 
        survival activities; and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    ( j) None of the funds appropriated under this heading may be made 
available for the Government of the Russian Federation, until the 
Secretary of State certifies to the Committees on Appropriations that: 
(1) Russian armed and peacekeeping forces deployed in Kosova have not 
established a separate sector of operational control; and (2) any 
Russian armed forces deployed in Kosova are operating under NATO unified 
command and control arrangements.
    (k) Of the funds appropriated under this title, not less than 
$14,700,000 shall be made available for maternal and neo-natal health 
activities in the independent states of the former Soviet

[[Page 113 STAT. 1501A-74]]

Union, of which at least 60 percent should be made available for the 
preventive care and treatment of mothers and infants in Russia.

                           Independent Agency

                               peace corps

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $245,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 2001.

                           Department of State

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $305,000,000, of which $21,000,000 shall become 
available for obligation on September 30, 2000, and remain available 
until expended: Provided, That of this amount not less than $10,000,000 
should be made available for Law Enforcement Training and Demand 
Reduction: Provided further, That any funds made available under this 
heading for anti-crime programs and activities shall be made available 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That during fiscal year 2000, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country under chapter 8 of 
part I of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That in addition to any 
funds previously made available to establish and operate the 
International Law Enforcement Academy for the Western Hemisphere, not 
less than $5,000,000 shall be made available to establish and operate 
the International Law Enforcement Academy for the Western Hemisphere at 
the deBremmond Training Center in Roswell, New Mexico.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$625,000,000, of which $21,000,000 shall become available for obligation 
on September 30, 2000, and remain available until

[[Page 113 STAT. 1501A-75]]

expended: Provided, That not more than $13,800,000 shall be available 
for administrative expenses: Provided further, That not less than 
$60,000,000 shall be made available for refugees from the former Soviet 
Union and Eastern Europe and other refugees resettling in Israel.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $12,500,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 2(c)(2) 
of the Act which would limit the amount of funds which could be 
appropriated for this purpose.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $216,600,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 
for anti-terrorism assistance, section 504 of the FREEDOM Support Act 
for the Nonproliferation and Disarmament Fund, section 23 of the Arms 
Export Control Act or the Foreign Assistance Act of 1961 for demining 
activities, the clearance of unexploded ordnance, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the International Atomic Energy Agency (IAEA) 
and a voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, 
That the Secretary of State shall inform the Committees on 
Appropriations at least 20 days prior to the obligation of funds for the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided 
further, That of this amount not to exceed $15,000,000, to remain 
available until expended, may be made available for the Nonproliferation 
and Disarmament Fund, notwithstanding any other provision of law, to 
promote bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such funds may 
also be used for such countries other than the Independent States of the 
former Soviet Union and international organizations when it is in the 
national security interest of the United States to do so: Provided 
further, That such funds shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated under this heading may be made available for the 
International Atomic Energy Agency only if the Secretary of State 
determines (and so reports to the Congress) that Israel is not being 
denied its right to participate in the activities of that Agency: 
Provided further, That of the funds appropriated under this heading, 
$40,000,000 should be made available for demining, clearance of 
unexploded ordnance, and related activities: Provided further, That of 
the funds made available for demining and related activities, not to 
exceed $500,000, in addition to funds otherwise available for such 
purposes,

[[Page 113 STAT. 1501A-76]]

may be used for administrative expenses related to the operation and 
management of the demining program.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961 (relating to international affairs 
technical assistance activities), $1,500,000, to remain available until 
expended, which shall be available nowithstanding and other provision of 
law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961 (including up to $1,000,000 for necessary expenses for the 
administration of activities carried out under these parts), and of 
modifying concessional credit agreements with least developed countries, 
as authorized under section 411 of the Agricultural Trade Development 
and Assistance Act of 1954, as amended, and concessional loans, 
guarantees and credit agreements, as authorized under section 572 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), $123,000,000, to remain 
available until expended: Provided, That of this amount, not less than 
$13,000,000 shall be made available to carry out the provisions of part 
V of the Foreign Assistance Act of 1961: Provided, That any limitation 
of subsection (e) of section 411 of the Agricultural Trade Development 
and Assistance Act of 1954 shall not apply to funds appropriated 
hereunder or previously appropriated under this heading: Provided 
further, That the authority provided by section 572 of Public Law 100-
461 may be exercised only with respect to countries that are eligible to 
borrow from the International Development Association, but not from the 
International Bank for Reconstruction and Development, commonly referred 
to as ``IDA-only'' countries.

        united states community adjustment and investment program

    For the United States Community Adjustment and Investment Program 
authorized by section 543 of the North American Free Trade Agreement 
Implementation Act, $10,000,000, to remain available until September 30, 
2001: Provided, That the Secretary may transfer such funds to the North 
American Development Bank and/or to one or more Federal agencies for the 
purpose of enabling the Bank or such Federal agencies to assist in 
carrying out the program by providing technical assistance, grants, 
loans, loan guarantees, and other financial subsidies endorsed by the 
interagency finance committee established by section 7 of Executive 
Order No. 12916: Provided further, That no portion of such funds may be 
transferred to the Bank unless the Secretary shall have

[[Page 113 STAT. 1501A-77]]

first entered into an agreement with the Bank that provides that any 
such funds may not be used for the Bank's administrative expenses: 
Provided further, That any funds transferred to the Bank under this 
heading will be in addition to the 10 percent of the paid-in capital 
paid to the Bank by the United States referred to in section 543 of the 
Act: Provided further, That any funds transferred to any Federal agency 
under this heading will be in addition to amounts otherwise provided to 
such agency: Provided further, That any funds transferred to an agency 
under this heading shall be subject to the same terms and conditions as 
the account to which transferred.

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

              international military education and training

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $50,000,000, of which up to 
$1,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for grant financed military education and training for Indonesia 
and Guatemala may only be available for expanded international military 
education and training and funds made available for Guatemala may only 
be provided through the regular notification procedures of the 
Committees on Appropriations: Provided further, That none of the funds 
appropriated under this heading may be made available to support grant 
financed military education and training at the School of the Americas 
unless the Secretary of Defense certifies that the instruction and 
training provided by the School of the Americas is fully consistent with 
training and doctrine, particularly with respect to the observance of 
human rights, provided by the Department of Defense to United States 
military students at Department of Defense institutions whose primary 
purpose is to train United States military personnel: Provided further, 
That the Secretary of Defense shall submit to the Committees on 
Appropriations, no later than January 15, 2000, a report detailing the 
training activities of the School of the Americas and a general 
assessment regarding the performance of its graduates during 1997 and 
1998.

                   foreign military financing program

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,420,000,000: Provided, That of the funds appropriated under this 
heading, not less than $1,920,000,000 shall be available for grants only 
for Israel, and not less than $1,300,000,000 shall be made available for 
grants only for Egypt: Provided further, That the funds appropriated by 
this paragraph for Israel shall be disbursed within 30 days of the 
enactment of this Act or by October 31, 1999, whichever is later: 
Provided further, That to the extent that the Government of Israel 
requests that funds be used for

[[Page 113 STAT. 1501A-78]]

such purposes, grants made available for Israel by this paragraph shall, 
as agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than 26.3 percent shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, not less than $75,000,000 should be 
available for assistance for Jordan: Provided further, That of the funds 
appropriated by this paragraph, not less than $7,000,000 shall be made 
available for assistance for Tunisia: Provided further, That during 
fiscal year 2000, the President is authorized to, and shall, direct the 
draw-downs of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training of an aggregate value of not less than $4,000,000 
under the authority of this proviso for Tunisia for the purposes of part 
II of the Foreign Assistance Act of 1961 and any amount so directed 
shall count toward meeting the earmark in the preceding proviso: 
Provided further, That of the funds appropriated by this paragraph up to 
$1,000,000 should be made available for assistance for Ecuador and shall 
be subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated by this 
paragraph shall be nonrepayable notwithstanding any requirement in 
section 23 of the Arms Export Control Act: Provided further, That funds 
made available under this paragraph shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of title 31, United 
States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That none of the funds appropriated under 
this heading shall be available for assistance for Sudan and Liberia: 
Provided further, That funds made available under this heading may be 
used, notwithstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental and international 
organizations: Provided further, That none of the funds appropriated 
under this heading shall be available for assistance for Guatemala: 
Provided further, That only those countries for which assistance was 
justified for the ``Foreign Military Sales Financing Program'' in the 
fiscal year 1989 congressional presentation for security assistance 
programs may utilize funds made available under this heading for 
procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $30,495,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor

[[Page 113 STAT. 1501A-79]]

vehicles for replacement only for use outside of the United States, for 
the general costs of administering military assistance and sales: 
Provided further, That not more than $330,000,000 of funds realized 
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be 
obligated for expenses incurred by the Department of Defense during 
fiscal year 2000 pursuant to section 43(b) of the Arms Export Control 
Act, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That not later than 45 days after the date of the 
enactment of this Act, the Secretary of Defense shall report to the 
Committees on Appropriations regarding the appropriate host institution 
to support and advance the efforts of the Defense Institute for 
International and Legal Studies in both legal and political education: 
Provided further, That none of the funds made available under this 
heading shall be available for any non-NATO country participating in the 
Partnership for Peace Program except through the regular notification 
procedures of the Committees on Appropriations.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $153,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $35,800,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $775,000,000, to remain available until 
expended.

      contribution to the multilateral investment guarantee agency

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $4,000,000, for the United States paid-in 
share of the increase in capital stock, to remain available until 
expended.

                     limitation on callable capital

    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation

[[Page 113 STAT. 1501A-80]]

for the callable capital portion of the United States share of such 
capital stock in an amount not to exceed $20,000,000.

        contribution to the inter-american investment corporation

    For payment to the Inter-American Investment Corporation, by the 
Secretary of the Treasury, $16,000,000, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

           contribution to the inter-american development bank

    For payment to the Inter-American Development Bank by the Secretary 
of the Treasury, for the United States share of the paid-in share 
portion of the increase in capital stock, $25,610,667.

              limitation on callable capital subscriptions

    The United States Governor of the Inter-American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $1,503,718,910.

               contribution to the asian development bank

    For payment to the Asian Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of the 
increase in capital stock, $13,728,263, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital portion 
of the United States share of such capital stock in an amount not to 
exceed $672,745,205.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asia Development Bank Act, as amended, $77,000,000, to 
remain available until expended, for contributions previously due.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $4,100,000, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $64,000,000.

[[Page 113 STAT. 1501A-81]]

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$128,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,778,717, for the United States 
share of the paid-in portion of the increase in capital stock, to remain 
available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $123,237,803.

                International Organizations and Programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $183,000,000: 
Provided, That none of the funds appropriated under this heading shall 
be made available for the United Nations Fund for Science and 
Technology: Provided further, That not less than $5,000,000 should be 
made available to the World Food Program: Provided further, That none of 
the funds appropriated under this heading may be made available to the 
Korean Peninsula Energy Development Organization (KEDO) or the 
International Atomic Energy Agency (IAEA).

                       TITLE V--GENERAL PROVISIONS

              obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 percent of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

      prohibition of bilateral funding for international financial 
                              institutions

    Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act 
of 1961, none of the funds contained in title II of this Act may be used 
to carry out the provisions of section 209(d) of the Foreign Assistance 
Act of 1961: Provided, That none of the funds appropriated by title II 
of this Act may be transferred by the Agency for International 
Development directly to an international financial institution (as 
defined in section 533 of this Act) for the purpose of repaying a 
foreign country's loan obligations to such institution.

[[Page 113 STAT. 1501A-82]]

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the current 
fiscal year: Provided, That appropriate steps shall be taken to assure 
that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the Agency for International Development during the current fiscal year.

                limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $95,000 shall be available for representation 
allowances for the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars: Provided further, That of 
the funds made available by this Act for general costs of administering 
military assistance and sales under the heading ``Foreign Military 
Financing Program'', not to exceed $2,000 shall be available for 
entertainment expenses and not to exceed $50,000 shall be available for 
representation allowances: Provided further, That of the funds made 
available by this Act under the heading ``International Military 
Education and Training'', not to exceed $50,000 shall be available for 
entertainment allowances: Provided further, That of the funds made 
available by this Act for the Inter-American Foundation, not to exceed 
$2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

                 prohibition on financing nuclear goods

    Sec. 506. None of the funds appropriated or made available (other 
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or technology.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, 
Sudan, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall

[[Page 113 STAT. 1501A-83]]

include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to any country whose duly elected head of government is 
deposed by military coup or decree: Provided, That assistance may be 
resumed to such country if the President determines and reports to the 
Committees on Appropriations that subsequent to the termination of 
assistance a democratically elected government has taken office.

                       transfers between accounts

    Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                   deobligation/reobligation authority

    Sec. 510. (a) Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, as having been obligated against 
appropriations heretofore made under the authority of the Foreign 
Assistance Act of 1961 for the same general purpose as any of the 
headings under title II of this Act are, if deobligated, hereby 
continued available for the same period as the respective appropriations 
under such headings or until September 30, 2000, whichever is later, and 
for the same general purpose, and for countries within the same region 
as originally obligated: Provided, That the Appropriations Committees of 
both Houses of the Congress are notified 15 days in advance of the 
reobligation of such funds in accordance with regular notification 
procedures of the Committees on Appropriations.
    (b) Obligated balances of funds appropriated to carry out section 23 
of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under this 
Act: Provided, That the authority of this subsection may not be used in 
fiscal year 2000.

                          availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, and 11 of part I, 
section 667, and chapter 4 of part II of the Foreign Assistance Act of 
1961, as amended, and funds provided under the heading ``Assistance for 
Eastern Europe and the Baltic States'', shall remain available until 
expended if such funds are initially obligated before the expiration of 
their respective periods

[[Page 113 STAT. 1501A-84]]

of availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available until 
expended: Provided further, That the report required by section 653(a) 
of the Foreign Assistance Act of 1961 shall designate for each country, 
to the extent known at the time of submission of such report, those 
funds allocated for cash disbursement for balance of payment and 
economic policy reform purposes.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default during 
a period in excess of one calendar year in payment to the United States 
of principal or interest on any loan made to such country by the United 
States pursuant to a program for which funds are appropriated under this 
Act: Provided, That this section and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply to funds made available for any 
narcotics-related assistance for Colombia, Bolivia, and Peru authorized 
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations.
    (b) None of the funds appropriated by this or any other Act to carry 
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be 
available for any testing or breeding feasibility study, variety 
improvement or introduction, consultancy, publication, conference, or 
training in connection with the growth or production in a foreign 
country of an agricultural commodity for export which would compete with 
a similar commodity grown or produced in the United States: Provided, 
That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or

[[Page 113 STAT. 1501A-85]]

            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

    Sec. 514. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
this Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the same, 
similar, or competing commodity.

                        notification requirements

    Sec. 515. (a) For the purposes of providing the executive branch 
with the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Disease Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Assistance for Eastern Europe and the 
Baltic States'', ``Assistance for the Independent States of the Former 
Soviet Union'', ``Economic Support Fund'', ``Peacekeeping Operations'', 
``Operating Expenses of the Agency for International Development'', 
``Operating Expenses of the Agency for International Development Office 
of Inspector General'', ``Nonproliferation, Anti-terrorism, Demining and 
Related Programs'', ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Appropriations Committees for obligation under any of 
these specific headings unless the Appropriations Committees of both 
Houses of Congress are previously notified 15 days in advance: Provided, 
That the President shall not enter into any commitment of funds 
appropriated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified 15 days in 
advance of such commitment: Provided further, That this section shall 
not apply to any reprogramming for an activity, program, or project 
under chapter 1 of part I of the Foreign Assistance Act of 1961 of less 
than 10 percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current fiscal 
year: Provided further, That the requirements of this section or any 
similar provision of this Act or any other Act, including any prior Act 
requiring

[[Page 113 STAT. 1501A-86]]

notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided 
further, That in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be provided as early 
as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.
    (b) Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2001.

              independent states of the former soviet union

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial contracts, 
        and equitable treatment of foreign private investment; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for assistance for a government of an Independent State of the 
former Soviet Union if that government directs any action in violation 
of the territorial integrity or national sovereignty of any other 
Independent State of the former Soviet Union, such as those violations 
included in the Helsinki Final Act: Provided, That such funds may be 
made available without regard to the restriction in this subsection if 
the President determines that to do so is in the national security 
interest of the United States.
    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.

[[Page 113 STAT. 1501A-87]]

    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f ) Funds appropriated in this or prior appropriations Acts that 
are or have been made available for an Enterprise Fund in the 
Independent States of the Former Soviet Union may be deposited by such 
Fund in interest-bearing accounts prior to the disbursement of such 
funds by the Fund for program purposes. The Fund may retain for such 
program purposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without further 
appropriation by the Congress. Funds made available for Enterprise Funds 
shall be expended at the minimum rate necessary to make timely payment 
for projects and activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the headings ``Assistance for the New Independent States of the 
Former Soviet Union'' and ``Assistance for the Independent States of the 
Former Soviet Union'', for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
provisions related to abortions and involuntary sterilizations: 
Provided, That none of the funds made available under this Act may be 
used to lobby for or against abortion.

[[Page 113 STAT. 1501A-88]]

                  export financing transfer authorities

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2000, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                    special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Colombia, Haiti, Liberia, Pakistan, Panama, 
Serbia, Sudan, or the Democratic Republic of Congo except as provided 
through the regular notification procedures of the Committees on 
Appropriations.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central program level funding, either as: (1) 
justified to the Congress; or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of the enactment of this Act, as required 
by section 653(a) of the Foreign Assistance Act of 1961.

            child survival and disease prevention activities

    Sec. 522. Up to $10,000,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Disease Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the Agency for 
International Development for the purpose of carrying out child 
survival, basic education, and infectious disease activities: Provided, 
That up to $1,500,000 of the funds made available by this Act for 
assistance under the heading ``Development Assistance'' may be used to 
reimburse such agencies, institutions, and organizations for such costs 
of such individuals carrying out other development assistance 
activities: Provided further, That funds appropriated by this Act that 
are made available for child survival activities or disease programs 
including activities relating to research on, and the prevention, 
treatment and control of, Acquired Immune Deficiency Syndrome

[[Page 113 STAT. 1501A-89]]

may be made available notwithstanding any provision of law that 
restricts assistance to foreign countries: Provided further, That funds 
appropriated under title II of this Act may be made available pursuant 
to section 301 of the Foreign Assistance Act of 1961 if a primary 
purpose of the assistance is for child survival and related programs: 
Provided further, That funds appropriated by this Act that are made 
available for family planning activities may be made available 
notwithstanding section 512 of this Act and section 620(q) of the 
Foreign Assistance Act of 1961.

        prohibition against indirect funding to certain countries

    Sec. 523. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated to finance indirectly any 
assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or the People's Republic of China, unless the President of the 
United States certifies that the withholding of these funds is contrary 
to the national interest of the United States.

                notification on excess defense equipment

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f ) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees: Provided further, That such Committees 
shall also be informed of the original acquisition cost of such defense 
articles.

                        authorization requirement

    Sec. 525. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and section 15 
of the State Department Basic Authorities Act of 1956.

                           democracy in china

    Sec. 526. Notwithstanding any other provision of law that restricts 
assistance to foreign countries, funds appropriated by this Act for 
``Economic Support Fund'' may be made available to provide general 
support and grants for nongovernmental organizations located outside the 
People's Republic of China that have as their primary purpose fostering 
democracy in that country, and for activities of nongovernmental 
organizations located outside the People's Republic of China to foster 
democracy in that country: Provided, That none of the funds made 
available for activities to foster democracy in the People's Republic of 
China may be made available for assistance to the government of that 
country, except that funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for the National 
Endowment for Democracy or its grantees may be made available for 
activities to foster democracy in that country notwithstanding this 
proviso and any other provision of law: Provided further, That funds 
made available pursuant to the authority of this section shall be 
subject

[[Page 113 STAT. 1501A-90]]

to the regular notification procedures of the Committees on 
Appropriations: Provided further, That notwithstanding any other 
provision of law that restricts assistance to foreign countries, of the 
funds appropriated by this Act under the heading ``Economic Support 
Fund'', $1,000,000 shall be made available to the Robert F. Kennedy 
Memorial Center for Human Rights for a project to disseminate 
information and support research about the People's Republic of China, 
and related activities.

       prohibition on bilateral assistance to terrorist countries

    Sec. 527. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to the enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.

                 commercial leasing of defense articles

    Sec. 528. Notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on Appropriations, 
the authority of section 23(a) of the Arms Export Control Act may be 
used to provide financing to Israel, Egypt and NATO and major non-NATO 
allies for the procurement by leasing (including leasing with an option 
to purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian application), if 
the President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
Act.

                          competitive insurance

    Sec. 529. All Agency for International Development contracts and 
solicitations, and subcontracts entered into under such contracts, shall 
include a clause requiring that United States insurance companies have a 
fair opportunity to bid for insurance when such insurance is necessary 
or appropriate.

                   stingers in the persian gulf region

    Sec. 530. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990, the United States may not sell or otherwise make available any 
Stingers to any country bordering the Persian Gulf

[[Page 113 STAT. 1501A-91]]

under the Arms Export Control Act or chapter 2 of part II of the Foreign 
Assistance Act of 1961.

                          debt-for-development

    Sec. 531. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities under 
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the Agency for 
International Development may place in interest bearing accounts funds 
made available under this Act or prior Acts or local currencies which 
accrue to that organization as a result of economic assistance provided 
under title II of this Act and any interest earned on such investment 
shall be used for the purpose for which the assistance was provided to 
that organization.

                            separate accounts

    Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency for 
International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development and 
        that government to monitor and account for deposits into and 
        disbursements from the separate account.

    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the equivalent 
of the local currencies disbursed pursuant to subsection (a)(2)(A) from 
the separate account established pursuant to subsection (a)(1) are used 
for the purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established

[[Page 113 STAT. 1501A-92]]

pursuant to subsection (a) shall be disposed of for such purposes as may 
be agreed to by the government of that country and the United States 
Government.
    (5) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of the 
justification documents submitted to the Committees on Appropriations on 
the use of local currencies for the administrative requirements of the 
United States Government as authorized in subsection (a)(2)(B), and such 
report shall include the amount of local currency (and United States 
dollar equivalent) used and/or to be used for such purpose in each 
applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is made 
available to the government of a foreign country, under chapters 1 or 10 
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, 
as cash transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (House Report No. 
98-1159).
    (3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of the 
Committees on Appropriations, which shall include a detailed description 
of how the funds proposed to be made available will be used, with a 
discussion of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the economic 
policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 533. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary

[[Page 113 STAT. 1501A-93]]

Fund, the North American Development Bank, and the European Bank for 
Reconstruction and Development.

          compliance with united nations sanctions against iraq

    Sec. 534. None of the funds appropriated or otherwise made available 
pursuant to this Act to carry out the Foreign Assistance Act of 1961 
(including title IV of chapter 2 of part I, relating to the Overseas 
Private Investment Corporation) or the Arms Export Control Act may be 
used to provide assistance to any country that is not in compliance with 
the United Nations Security Council sanctions against Iraq unless the 
President determines and so certifies to the Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign nationals who have fled Iraq and Kuwait.

  authorities for the peace corps, international fund for agricultural 
     development, inter-american foundation and african development 
                               foundation

    Sec. 535. (a) Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation Act. 
The agency shall promptly report to the Committees on Appropriations 
whenever it is conducting activities or is proposing to conduct 
activities in a country for which assistance is prohibited.
    (b) Unless expressly provided to the contrary, limitations on the 
availability of funds for ``International Organizations and Programs'' 
in this or any other Act, including prior appropriations Acts, shall not 
be construed to be applicable to the International Fund for Agricultural 
Development.

                   impact on jobs in the united states

    Sec. 536. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States;
            (b) assistance for the purpose of establishing or developing 
        in a foreign country any export processing zone or designated 
        area in which the tax, tariff, labor, environment, and safety 
        laws of that country do not apply, in part or in whole, to 
        activities carried out within that zone or area, unless the 
        President determines and certifies that such assistance is not 
        likely to cause a loss of jobs within the United States; or

[[Page 113 STAT. 1501A-94]]

            (c) assistance for any project or activity that contributes 
        to the violation of internationally recognized workers rights, 
        as defined in section 502(a)(4) of the Trade Act of 1974, of 
        workers in the recipient country, including any designated zone 
        or area in that country: Provided, That in recognition that the 
        application of this subsection should be commensurate with the 
        level of development of the recipient country and sector, the 
        provisions of this subsection shall not preclude assistance for 
        the informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                     funding prohibition for serbia

    Sec. 537. None of the funds appropriated by this Act may be made 
available for assistance for the Republic of Serbia: Provided, That this 
restriction shall not apply to assistance for Kosova or Montenegro, or 
to assistance to promote democratization: Provided further, That section 
620(t) of the Foreign Assistance Act of 1961, as amended, shall not 
apply to Kosova or Montenegro.

                           special authorities

    Sec. 538. (a) Funds appropriated in titles I and II of this Act that 
are made available for Afghanistan, Lebanon, Montenegro, and for victims 
of war, displaced children, displaced Burmese, humanitarian assistance 
for Romania, and humanitarian assistance for the peoples of Kosova, may 
be made available notwithstanding any other provision of law: Provided, 
That any such funds that are made available for Cambodia shall be 
subject to the provisions of section 531(e) of the Foreign Assistance 
Act of 1961 and section 906 of the International Security and 
Development Cooperation Act of 1985.
    (b) Funds appropriated by this Act to carry out the provisions of 
sections 103 through 106 of the Foreign Assistance Act of 1961 may be 
used, notwithstanding any other provision of law, for the purpose of 
supporting tropical forestry and biodiversity conservation activities 
and, subject to the regular notification procedures of the Committees on 
Appropriations, energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) The Agency for International Development may employ personal 
services contractors, notwithstanding any other provision of law, for 
the purpose of administering programs for the West Bank and Gaza.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.

         policy on terminating the arab league boycott of israel

    Sec. 539. It is the sense of the Congress that--

[[Page 113 STAT. 1501A-95]]

            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel;
            (2) the decision by the Arab League in 1997 to reinstate the 
        boycott against Israel was deeply troubling and disappointing;
            (3) the Arab League should immediately rescind its decision 
        on the boycott and its members should develop normal relations 
        with their neighbor Israel; and
            (4) the President should--
                    (A) take more concrete steps to encourage vigorously 
                Arab League countries to renounce publicly the primary 
                boycotts of Israel and the secondary and tertiary 
                boycotts of American firms that have commercial 
                relations with Israel as a confidence-building measure;
                    (B) take into consideration the participation of any 
                recipient country in the primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel when 
                determining whether to sell weapons to said country;
                    (C) report to Congress on the specific steps being 
                taken by the President to bring about a public 
                renunciation of the Arab primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel and to expand 
                the process of normalizing ties between Arab League 
                countries and Israel; and
                    (D) encourage the allies and trading partners of the 
                United States to enact laws prohibiting businesses from 
                complying with the boycott and penalizing businesses 
                that do comply.

                        anti-narcotics activities

    Sec. 540. Of the funds appropriated or otherwise made available by 
this Act for ``Economic Support Fund'', assistance may be provided to 
strengthen the administration of justice in countries in Latin America 
and the Caribbean and in other regions consistent with the provisions of 
section 534(b) of the Foreign Assistance Act of 1961, except that 
programs to enhance protection of participants in judicial cases may be 
conducted notwithstanding section 660 of that Act. Funds made available 
pursuant to this section may be made available notwithstanding section 
534(c) and the second and third sentences of section 534(e) of the 
Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 541. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act 
of 1961, and from funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'': Provided, That the President 
shall take into consideration, in any case in which a restriction on 
assistance

[[Page 113 STAT. 1501A-96]]

would be applicable but for this subsection, whether assistance in 
support of programs of nongovernmental organizations is in the national 
interest of the United States: Provided further, That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained in 
this or any other Act.
    (b) Public Law 480.--During fiscal year 2000, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
        human rights.

                                earmarks

    Sec. 542. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act or, 
with respect to a country with which the United States has an agreement 
providing the United States with base rights or base access in that 
country, if the President determines that the recipient for which funds 
are earmarked has significantly reduced its military or economic 
cooperation with the United States since the enactment of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991; however, before exercising the authority of this subsection with 
regard to a base rights or base access country which has significantly 
reduced its military or economic cooperation with the United States, the 
President shall consult with, and shall provide a written policy 
justification to the Committees on Appropriations: Provided, That any 
such reprogramming shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall be 
made available under the same terms and conditions as originally 
provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the Agency for International Development that are 
earmarked for particular programs or activities by this or any other Act 
shall be extended for an additional fiscal year

[[Page 113 STAT. 1501A-97]]

if the Administrator of such agency determines and reports promptly to 
the Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                          ceilings and earmarks

    Sec. 543. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained in any other Act 
shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 544. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.

            purchase of american-made equipment and products

    Sec. 545. (a) To the maximum extent possible, assistance provided 
under this Act should make full use of American resources, including 
commodities, products, and services.
    (b) It is the sense of the Congress that, to the greatest extent 
practicable, all agriculture commodities, equipment and products 
purchased with funds made available in this Act should be American-made.
    (c) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (b) by the Congress.
    (d) The Secretary of the Treasury shall report to Congress annually 
on the efforts of the heads of each Federal agency and the United States 
directors of international financial institutions (as referenced in 
section 514) in complying with this sense of the Congress.

            prohibition of payments to united nations members

    Sec. 546. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

[[Page 113 STAT. 1501A-98]]

                           consulting services

    Sec. 547. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to section 
3109 of title 5, United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order pursuant to existing law.

             private voluntary organizations--documentation

    Sec. 548. None of the funds appropriated or made available pursuant 
to this Act shall be available to a private voluntary organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the Agency for International 
Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 549. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal military 
equipment provided under a contract entered into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

  withholding of assistance for parking fines owed by foreign countries

    Sec. 550. (a) In General.--Of the funds made available for a foreign 
country under part I of the Foreign Assistance Act of 1961, an amount 
equivalent to 110 percent of the total unpaid fully adjudicated parking 
fines and penalties owed to the District of Columbia by such country as 
of the date of the enactment of this Act shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that such 
fines and penalties are fully paid to the government of the District of 
Columbia.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and

[[Page 113 STAT. 1501A-99]]

the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.

     limitation on assistance for the plo for the west bank and gaza

    Sec. 551. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                      war crimes tribunals drawdown

    Sec. 552. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal with such 
violations, without regard to the ceiling limitation contained in 
paragraph (2) thereof: Provided, That the determination required under 
this section shall be in lieu of any determinations otherwise required 
under section 552(c): Provided further, That 60 days after the date of 
the enactment of this Act, and every 180 days thereafter, the Secretary 
of State shall submit a report to the Committees on Appropriations 
describing the steps the United States Government is taking to collect 
information regarding allegations of genocide or other violations of 
international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the former 
Yugoslavia: Provided further, That the drawdown made under this section 
for any tribunal shall not be construed as an endorsement or precedent 
for the establishment of any standing or permanent international 
criminal tribunal or court: Provided further, That funds made available 
for tribunals other than Yugoslavia or Rwanda shall be made available 
subject to the regular notification procedures of the Committees on 
Appropriations.

                                landmines

    Sec. 553. Notwithstanding any other provision of law, demining 
equipment available to the Agency for International Development and the 
Department of State and used in support of the clearance of landmines 
and unexploded ordnance for humanitarian purposes may be disposed of on 
a grant basis in foreign countries, subject to such terms and conditions 
as the President may prescribe: Provided, That section 1365(c) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C., 2778

[[Page 113 STAT. 1501A-100]]

note) is amended by striking ``During the five-year period beginning on 
October 23, 1992'' and inserting ``During the 11-year period beginning 
on October 23, 1992''.

            restrictions concerning the palestinian authority

    Sec. 554. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.

               prohibition of payment of certain expenses

    Sec. 555. None of the funds appropriated or otherwise made available 
by this Act under the headings ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Disease 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including entrance 
        fees at sporting events and amusement parks.

            competitive pricing for sales of defense articles

    Sec. 556. Direct costs associated with meeting a foreign customer's 
additional or unique requirements will continue to be allowable under 
contracts under section 22(d) of the Arms Export Control Act. Loadings 
applicable to such direct costs shall be permitted at the same rates 
applicable to procurement of like items purchased by the Department of 
Defense for its own use.

                   special debt relief for the poorest

    Sec. 557. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or

[[Page 113 STAT. 1501A-101]]

            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f ) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as amended (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for 
        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for purposes of any 
provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 or section 321 of the 
International Development and Food Assistance Act of 1975.

              authority to engage in debt buybacks or sales

    Sec. 558. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from

[[Page 113 STAT. 1501A-102]]

        an eligible purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, and 
        shall direct such agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt Restructuring''.

                          assistance for haiti

    Sec. 559. (a) Policy.--In providing assistance to Haiti, the 
President should place a priority on the following areas:

[[Page 113 STAT. 1501A-103]]

            (1) aggressive action to support the Haitian National 
        Police, including support for efforts by the Inspector General 
        to purge corrupt and politicized elements from the Haitian 
        National Police;
            (2) steps to ensure that any elections undertaken in Haiti 
        with United States assistance are full, free, fair, transparent, 
        and democratic;
            (3) support for a program designed to develop an indigenous 
        human rights monitoring capacity;
            (4) steps to facilitate the continued privatization of 
        state-owned enterprises;
            (5) a sustainable agricultural development program; and
            (6) establishment of an economic development fund for Haiti 
        to provide long-term, low interest loans to United States 
        investors and businesses that have a demonstrated commitment to, 
        and expertise in, doing business in Haiti, in particular those 
        businesses present in Haiti prior to the 1994 United Nations 
        embargo.

    (b) Report.--Beginning 6 months after the date of the enactment of 
this Act, and 6 months thereafter until September 30, 2001, the 
President shall submit a report to the Committee on Appropriations and 
the Committee on Foreign Relations of the Senate and the Committee on 
Appropriations and the Committee on International Relations of the House 
of Representatives with regard to--
            (1) the status of each of the governmental institutions 
        envisioned in the 1987 Haitian Constitution, including an 
        assessment of the extent to which officials in such institutions 
        hold their positions on the basis of a regular, constitutional 
        process;
            (2) the status of the privatization (or placement under 
        long-term private management or concession) of the major public 
        entities, including a detailed assessment of the extent to which 
        the Government of Haiti has completed all required incorporating 
        documents, the transfer of assets, and the eviction of 
        unauthorized occupants from such facilities;
            (3) the status of efforts to re-sign and implement the 
        lapsed bilateral Repatriation Agreement and an assessment of the 
        extent to which the Government of Haiti has been cooperating 
        with the United States in halting illegal emigration from Haiti;
            (4) the status of the Government of Haiti's efforts to 
        conduct thorough investigations of extrajudicial and political 
        killings and--
                    (A) an assessment of the progress that has been made 
                in bringing to justice the persons responsible for these 
                extrajudicial or political killings in Haiti; and
                    (B) an assessment of the extent to which the 
                Government of Haiti is cooperating with United States 
                authorities and with United States-funded technical 
                advisors to the Haitian National Police in such 
                investigations;
            (5) an assessment of actions taken by the Government of 
        Haiti to remove and maintain the separation from the Haitian 
        National Police, national palace and residential guard, 
        ministerial guard, and any other public security entity or unit 
        of Haiti those individuals who are credibly alleged to have 
        engaged in or conspired to conceal gross violations of 
        internationally recognized human rights;

[[Page 113 STAT. 1501A-104]]

            (6) the status of steps being taken to secure the 
        ratification of the maritime counter-narcotics agreements signed 
        October 1997;
            (7) an assessment of the extent to which domestic capacity 
        to conduct free, fair, democratic, and administratively sound 
        elections has been developed in Haiti; and
            (8) an assessment of the extent to which Haiti's Minister of 
        Justice has demonstrated a commitment to the professionalism of 
        judicial personnel by consistently placing students graduated by 
        the Judicial School in appropriate judicial positions and has 
        made a commitment to share program costs associated with the 
        Judicial School, and is achieving progress in making the 
        judicial branch in Haiti independent from the executive branch.

    (c) Equitable Allocation of Funds.--Not more than 17 percent of the 
funds appropriated by this Act to carry out the provisions of sections 
103 through 106 and chapter 4 of part II of the Foreign Assistance Act 
of 1961, that are made available for Latin America and the Caribbean 
region may be made available, through bilateral and Latin America and 
the Caribbean regional programs, to provide assistance for any country 
in such region.

  requirement for disclosure of foreign aid in report of secretary of 
                                  state

    Sec. 560. (a) Foreign Aid Reporting Requirement.--In addition to the 
voting practices of a foreign country, the report required to be 
submitted to Congress under section 406(a) of the Foreign Relations 
Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall 
include a side-by-side comparison of individual countries' overall 
support for the United States at the United Nations and the amount of 
United States assistance provided to such country in fiscal year 1999.
    (b) United States Assistance.--For purposes of this section, the 
term ``United States assistance'' has the meaning given the term in 
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)(4)).

   restrictions on voluntary contributions to united nations agencies

    Sec. 561. (a) Prohibition on Voluntary Contributions for the United 
Nations.--None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development Program) if the 
United Nations implements or imposes any taxation on any United States 
persons.
    (b) Certification Required for Disbursement of Funds.--None of the 
funds appropriated by this Act may be made available to pay any 
voluntary contribution of the United States to the United Nations 
(including the United Nations Development Program) unless the President 
certifies to the Congress 15 days in advance of such payment that the 
United Nations is not engaged in any effort to implement or impose any 
taxation on United States persons in order to raise revenue for the 
United Nations or any of its specialized agencies.
    (c) Definitions.--As used in this section the term ``United States 
person'' refers to--

[[Page 113 STAT. 1501A-105]]

            (1) a natural person who is a citizen or national of the 
        United States; or
            (2) a corporation, partnership, or other legal entity 
        organized under the United States or any State, territory, 
        possession, or district of the United States.

                                  haiti

    Sec. 562. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and 
Coast Guard: Provided, That the authority provided by this section shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

          limitation on assistance to the palestinian authority

    Sec. 563. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate that 
waiving such prohibition is important to the national security interests 
of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.

               limitation on assistance to security forces

    Sec. 564. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government of such 
country is taking effective measures to bring the responsible members of 
the security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by this Act 
from any unit of the security forces of a foreign country not credibly 
alleged to be involved in gross violations of human rights: Provided 
further, That in the event that funds are withheld from any unit 
pursuant to this section, the Secretary of State shall promptly inform 
the foreign government of the basis for such action and shall, to the 
maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
forces to justice.

       limitations on transfer of military equipment to east timor

    Sec. 565. In any agreement for the sale, transfer, or licensing of 
any lethal equipment or helicopter for Indonesia entered into by the 
United States pursuant to the authority of this Act or any other Act, 
the agreement shall state that the items will not be used in East Timor.

[[Page 113 STAT. 1501A-106]]

restrictions on assistance to countries providing sanctuary to indicted 
                              war criminals

    Sec. 566. (a) Bilateral Assistance.--None of the funds made 
available by this or any prior Act making appropriations for foreign 
operations, export financing and related programs, may be provided for 
any country, entity or municipality described in subsection (e).
    (b) Multilateral Assistance.--
            (1) Prohibition.--The Secretary of the Treasury shall 
        instruct the United States executive directors of the 
        international financial institutions to work in opposition to, 
        and vote against, any extension by such institutions of any 
        financial or technical assistance or grants of any kind to any 
        country or entity described in subsection (e).
            (2) Notification.--Not less than 15 days before any vote in 
        an international financial institution regarding the extension 
        of financial or technical assistance or grants to any country or 
        entity described in subsection (e), the Secretary of the 
        Treasury, in consultation with the Secretary of State, shall 
        provide to the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Banking and Financial 
        Services of the House of Representatives a written justification 
        for the proposed assistance, including an explanation of the 
        United States position regarding any such vote, as well as a 
        description of the location of the proposed assistance by 
        municipality, its purpose, and its intended beneficiaries.
            (3) Definition.--The term ``international financial 
        institution'' includes the International Monetary Fund, the 
        International Bank for Reconstruction and Development, the 
        International Development Association, the International Finance 
        Corporation, the Multilateral Investment Guaranty Agency, and 
        the European Bank for Reconstruction and Development.

    (c) Exceptions.--
            (1) In general.--Subject to paragraph (2), subsections (a) 
        and (b) shall not apply to the provision of--
                    (A) humanitarian assistance;
                    (B) democratization assistance;
                    (C) assistance for cross border physical 
                infrastructure projects involving activities in both a 
                sanctioned country, entity, or municipality and a 
                nonsanctioned contiguous country, entity, or 
                municipality, if the project is primarily located in and 
                primarily benefits the nonsanctioned country, entity, or 
                municipality and if the portion of the project located 
                in the sanctioned country, entity, or municipality is 
                necessary only to complete the project;
                    (D) small-scale assistance projects or activities 
                requested by United States Armed Forces that promote 
                good relations between such forces and the officials and 
                citizens of the areas in the United States SFOR sector 
                of Bosnia;
                    (E) implementation of the Brcko Arbitral Decision;
                    (F) lending by the international financial 
                institutions to a country or entity to support common 
                monetary and fiscal policies at the national level as 
                contemplated by the Dayton Agreement;

[[Page 113 STAT. 1501A-107]]

                    (G) direct lending to a non-sanctioned entity, or 
                lending passed on by the national government to a non-
                sanctioned entity; or
                    (H) assistance to the International Police Task 
                Force for the training of a civilian police force.
             (2) Notification.--Every 60 days the Secretary of State, in 
        consultation with the Administrator of the Agency for 
        International Development, shall publish in the Federal Register 
        and/or in a comparable publicly accessible document or Internet 
        site, a listing and justification of any assistance that is 
        obligated within that period of time for any country, entity, or 
        municipality described in subsection (e), including a 
        description of the purpose of the assistance, project and its 
        location, by municipality.

    (d) Further Limitations.--Notwithstanding subsection (c)--
            (1) no assistance may be made available by this Act, or any 
        prior Act making appropriations for foreign operations, export 
        financing and related programs, in any country, entity, or 
        municipality described in subsection (e), for a program, 
        project, or activity in which a publicly indicted war criminal 
        is known to have any financial or material interest; and
            (2) no assistance (other than emergency foods or medical 
        assistance or demining assistance) may be made available by this 
        Act, or any prior Act making appropriations for foreign 
        operations, export financing and related programs for any 
        program, project, or activity in a community within any country, 
        entity or municipality described in subsection (e) if competent 
        authorities within that community are not complying with the 
        provisions of Article IX and Annex 4, Article II, paragraph 8 of 
        the Dayton Agreement relating to war crimes and the Tribunal.

    (e) Sanctioned Country, Entity, or Municipality.--A sanctioned 
country, entity, or municipality described in this section is one whose 
competent authorities have failed, as determined by the Secretary of 
State, to take necessary and significant steps to apprehend and transfer 
to the Tribunal all persons who have been publicly indicted by the 
Tribunal.
    (f ) Special Rule.--Subject to subsection (d), subsections (a) and 
(b) shall not apply to the provision of assistance to an entity that is 
not a sanctioned entity, notwithstanding that such entity may be within 
a sanctioned country, if the Secretary of State determines and so 
reports to the appropriate congressional committees that providing 
assistance to that entity would promote peace and internationally 
recognized human rights by encouraging that entity to cooperate fully 
with the Tribunal.
    (g) Current Record of War Criminals and Sanctioned Countries, 
Entities, and Municipalities.--
            (1) In general.--The Secretary of State shall establish and 
        maintain a current record of the location, including the 
        municipality, if known, of publicly indicted war criminals and a 
        current record of sanctioned countries, entities, and 
        municipalities.
            (2) Information of the dci and the secretary of defense.--
        The Director of Central Intelligence and the Secretary of 
        Defense should collect and provide to the Secretary of State 
        information concerning the location, including the municipality, 
        of publicly indicted war criminals.

[[Page 113 STAT. 1501A-108]]

            (3) Information of the tribunal.--The Secretary of State 
        shall request that the Tribunal and other international 
        organizations and governments provide the Secretary of State 
        information concerning the location, including the municipality, 
        of publicly indicted war criminals and concerning country, 
        entity and municipality authorities known to have obstructed the 
        work of the Tribunal.
            (4) Report.--Beginning 30 days after the date of the 
        enactment of this Act, and not later than September 1 each year 
        thereafter, the Secretary of State shall submit a report in 
        classified and unclassified form to the appropriate 
        congressional committees on the location, including the 
        municipality, if known, of publicly indicted war criminals, on 
        country, entity and municipality authorities known to have 
        obstructed the work of the Tribunal, and on sanctioned 
        countries, entities, and municipalities.
            (5) Information to congress.--Upon the request of the 
        chairman or ranking minority member of any of the appropriate 
        congressional committees, the Secretary of State shall make 
        available to that committee the information recorded under 
        paragraph (1) in a report submitted to the committee in 
        classified and unclassified form.

    (h) Waiver.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or subsection (b) with respect to 
        specified bilateral programs or international financial 
        institution projects or programs in a sanctioned country, 
        entity, or municipality upon providing a written determination 
        to the Committee on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on Appropriations and 
        the Committee on International Relations of the House of 
        Representatives that such assistance directly supports the 
        implementation of the Dayton Agreement and its Annexes, which 
        include the obligation to apprehend and transfer indicted war 
        criminals to the Tribunal.
            (2) Report.--Not later than 15 days after the date of any 
        written determination under paragraph (1) the Secretary of State 
        shall submit a report to the Committee on Appropriations and the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Appropriations and the Committee on International Relations 
        of the House of Representatives regarding the status of efforts 
        to secure the voluntary surrender or apprehension and transfer 
        of persons indicted by the Tribunal, in accordance with the 
        Dayton Agreement, and outlining obstacles to achieving this 
        goal.
            (3) Assistance programs and projects affected.--Any waiver 
        made pursuant to this subsection shall be effective only with 
        respect to a specified bilateral program or multilateral 
        assistance project or program identified in the determination of 
        the Secretary of State to Congress.

    (i) Termination of Sanctions.--The sanctions imposed pursuant to 
subsections (a) and (b) with respect to a country or entity shall cease 
to apply only if the Secretary of State determines and certifies to 
Congress that the authorities of that country, entity, or municipality 
have apprehended and transferred to the Tribunal all persons who have 
been publicly indicted by the Tribunal.
    ( j) Definitions.--As used in this section--

[[Page 113 STAT. 1501A-109]]

            (1) Country.--The term ``country'' means Bosnia-Herzegovina, 
        Croatia, and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina, Kosova, Montenegro, and the Republika 
        Srpska.
            (3) Dayton agreement.--The term ``Dayton Agreement'' means 
        the General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.
            (4) Tribunal.--The term ``Tribunal'' means the International 
        Criminal Tribunal for the Former Yugoslavia.

    (k) Role of Human Rights Organizations and Government Agencies.--In 
carrying out this section, the Secretary of State, the Administrator of 
the Agency for International Development, and the executive directors of 
the international financial institutions shall consult with 
representatives of human rights organizations and all government 
agencies with relevant information to help prevent publicly indicted war 
criminals from benefiting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (e).

    to prohibit foreign assistance to the government of the russian 
    federation should it enact laws which would discriminate against 
           minority religious faiths in the russian federation

    Sec. 567. None of the funds appropriated under this Act may be made 
available for the Government of the Russian Federation, after 180 days 
from the date of the enactment of this Act, unless the President 
determines and certifies in writing to the Committees on Appropriations 
and the Committee on Foreign Relations of the Senate that the Government 
of the Russian Federation has implemented no statute, executive order, 
regulation or similar government action that would discriminate, or 
would have as its principal effect discrimination, against religious 
groups or religious communities in the Russian Federation in violation 
of accepted international agreements on human rights and religious 
freedoms to which the Russian Federation is a party.

                        greenhouse gas emissions

    Sec. 568. (a) Funds made available in this Act to support programs 
or activities the primary purpose of which is promoting or assisting 
country participation in the Kyoto Protocol to the Framework Convention 
on Climate Change (FCCC) shall only be made available subject to the 
regular notification procedures of the Committees on Appropriations.
    (b) The President shall provide a detailed account of all Federal 
agency obligations and expenditures for climate change programs and 
activities, domestic and international obligations for such activities 
in fiscal year 2000, and any plan for programs thereafter related to the 
implementation or the furtherance of protocols pursuant to, or related 
to negotiations to amend the FCCC in conjunction with the President's 
submission of the Budget of the United States Government for Fiscal Year 
2001: Provided, That such report shall include an accounting of 
expenditures by agency with each agency identifying climate change 
activities and associated costs by line item as presented in the 
President's Budget Appendix: Provided

[[Page 113 STAT. 1501A-110]]

further, That such report shall identify with regard to the Agency for 
International Development, obligations and expenditures by country or 
central program and activity.

         excess defense articles for certain european countries

    Sec. 569. Section 105 of Public Law 104-164 (110 Stat. 1427) is 
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.

        aid to the government of the democratic republic of congo

    Sec. 570. None of the funds appropriated or otherwise made available 
by this Act may be provided to the Central Government of the Democratic 
Republic of Congo.

                     assistance for the middle east

    Sec. 571. Of the funds appropriated in titles II and III of this Act 
under the headings ``Economic Support Fund'', ``Foreign Military 
Financing Program'', ``International Military Education and Training'', 
``Peacekeeping Operations'', for refugees resettling in Israel under the 
heading ``Migration and Refugee Assistance'', and for assistance for 
Israel to carry out provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 under the heading ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', not more than a total of 
$5,321,150,000 may be made available for Israel, Egypt, Jordan, Lebanon, 
the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the 
Multinational Force and Observers, the Middle East Regional Democracy 
Fund, Middle East Regional Cooperation, and Middle East Multilateral 
Working Groups: Provided, That any funds that were appropriated under 
such headings in prior fiscal years and that were at the time of the 
enactment of this Act obligated or allocated for other recipients may 
not during fiscal year 2000 be made available for activities that, if 
funded under this Act, would be required to count against this ceiling: 
Provided further, That funds may be made available notwithstanding the 
requirements of this section if the President determines and certifies 
to the Committees on Appropriations that it is important to the national 
security interest of the United States to do so and any such additional 
funds shall only be provided through the regular notification procedures 
of the Committees on Appropriations.

                      enterprise fund restrictions

    Sec. 572. Prior to the distribution of any assets resulting from any 
liquidation, dissolution, or winding up of an Enterprise Fund, in whole 
or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.

                                cambodia

    Sec. 573. (a) The Secretary of the Treasury should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to

[[Page 113 STAT. 1501A-111]]

oppose loans to the Central Government of Cambodia, except loans to 
support basic human needs.
    (b) None of the funds appropriated by this Act may be made available 
for assistance for the Central Government of Cambodia.

                           customs assistance

    Sec. 574. Section 660(b) of the Foreign Assistance Act of 1961 is 
amended by--
            (1) striking the period at the end of paragraph (6) and 
        inserting a semicolon; and
            (2) adding the following new paragraph:
                    ``(7) with respect to assistance provided to customs 
                authorities and personnel, including training, technical 
                assistance and equipment, for customs law enforcement 
                and the improvement of customs laws, systems and 
                procedures.''.

                    foreign military training report

    Sec. 575. (a) The Secretary of Defense and the Secretary of State 
shall jointly provide to the Congress by March 1, 2000, a report on all 
military training provided to foreign military personnel (excluding 
sales, and excluding training provided to the military personnel of 
countries belonging to the North Atlantic Treaty Organization) under 
programs administered by the Department of Defense and the Department of 
State during fiscal years 1999 and 2000, including those proposed for 
fiscal year 2000. This report shall include, for each such military 
training activity, the foreign policy justification and purpose for the 
training activity, the cost of the training activity, the number of 
foreign students trained and their units of operation, and the location 
of the training. In addition, this report shall also include, with 
respect to United States personnel, the operational benefits to United 
States forces derived from each such training activity and the United 
States military units involved in each such training activity. This 
report may include a classified annex if deemed necessary and 
appropriate.
    (b) For purposes of this section a report to Congress shall be 
deemed to mean a report to the Appropriations and Foreign Relations 
Committees of the Senate and the Appropriations and International 
Relations Committees of the House of Representatives.

            korean peninsula energy development organization

    Sec. 576. (a) Of the funds made available under the heading 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not 
to exceed $35,000,000 may be made available for the Korean Peninsula 
Energy Development Organization (hereafter referred to in this section 
as ``KEDO''), notwithstanding any other provision of law, only for the 
administrative expenses and heavy fuel oil costs associated with the 
Agreed Framework.
    (b) Of the funds made available for KEDO, up to $15,000,000 may be 
made available prior to June 1, 2000, if, 30 days prior to such 
obligation of funds, the President certifies and so reports to Congress 
that--
            (1) the parties to the Agreed Framework have taken and 
        continue to take demonstrable steps to implement the Joint

[[Page 113 STAT. 1501A-112]]

        Declaration on Denuclearization of the Korean Peninsula in which 
        the Government of North Korea has committed not to test, 
        manufacture, produce, receive, possess, store, deploy, or use 
        nuclear weapons, and not to possess nuclear reprocessing or 
        uranium enrichment facilities;
            (2) the parties to the Agreed Framework have taken and 
        continue to take demonstrable steps to pursue the North-South 
        dialogue;
            (3) North Korea is complying with all provisions of the 
        Agreed Framework;
            (4) North Korea has not diverted assistance provided by the 
        United States for purposes for which it was not intended; and
            (5) North Korea is not seeking to develop or acquire the 
        capability to enrich uranium, or any additional capability to 
        reprocess spent nuclear fuel.

    (c) Of the funds made available for KEDO, up to $20,000,000 may be 
made available on or after June 1, 2000, if, 30 days prior to such 
obligation of funds, the President certifies and so reports to Congress 
that--
            (1) the effort to can and safely store all spent fuel from 
        North Korea's graphite-moderated nuclear reactors has been 
        successfully concluded;
            (2) North Korea is complying with its obligations under the 
        agreement regarding access to suspect underground construction;
            (3) North Korea has terminated its nuclear weapons program, 
        including all efforts to acquire, develop, test, produce, or 
        deploy such weapons; and
            (4) the United States has made and is continuing to make 
        significant progress on eliminating the North Korean ballistic 
        missile threat, including further missile tests and its 
        ballistic missile exports.

    (d) The President may waive the certification requirements of 
subsections (b) and (c) if the President determines that it is vital to 
the national security interests of the United States and provides 
written policy justifications to the appropriate congressional 
committees prior to his exercise of such waiver. No funds may be 
obligated for KEDO until 30 days after submission to Congress of such 
waiver.
    (e) The Secretary of State shall submit to the appropriate 
congressional committees a report (to be submitted with the annual 
presentation for appropriations) providing a full and detailed 
accounting of the fiscal year 2001 request for the United States 
contribution to KEDO, the expected operating budget of the KEDO, to 
include unpaid debt, proposed annual costs associated with heavy fuel 
oil purchases, and the amount of funds pledged by other donor nations 
and organizations to support KEDO activities on a per country basis, and 
other related activities.

                     african development foundation

    Sec. 577. Funds made available to grantees of the African 
Development Foundation may be invested pending expenditure for project 
purposes when authorized by the President of the Foundation: Provided, 
That interest earned shall be used only for the purposes for which the 
grant was made: Provided further, That this authority applies to 
interest earned both prior to and following

[[Page 113 STAT. 1501A-113]]

the enactment of this provision: Provided further, That notwithstanding 
section 505(a)(2) of the African Development Foundation Act, in 
exceptional circumstances the board of directors of the Foundation may 
waive the $250,000 limitation contained in that section with respect to 
a project: Provided further, That the Foundation shall provide a report 
to the Committees on Appropriations in advance of exercising such waiver 
authority.

  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 578. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical support, 
consulting services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.

   voluntary separation incentives for employees of the united states 
                  agency for international development

    Sec. 579. (a) Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the United States Agency for 
        International Development;
            (2) the term ``Administrator'' means the Administrator, 
        United States Agency for International Development; and
            (3) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        the agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code, 
                or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (C) an employee who is to be separated involuntarily 
                for misconduct or unacceptable performance, and to whom 
                specific notice has been given with respect to that 
                separation;
                    (D) an employee who has previously received any 
                voluntary separation incentive payment by the Government 
                of the United States under this section or any other 
                author- ity and has not repaid such payment;
                    (E) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (F) any employee who, during the 24-month period 
                preceding the date of separation, received a recruitment 
                or relocation bonus under section 5753 of title 5, 
                United States Code, or who, within the 12-month period 
                preceding the date of separation, received a retention 
                allowance under section 5754 of such title 5, United 
                States Code.

    (b) Agency Strategic Plan.--
            (1) In general.--The Administrator, before obligating any 
        resources for voluntary separation incentive payments under this 
        section, shall submit to the Committees on Appropriations and 
        the Office of Management and Budget a strategic plan outlining 
        the intended use of such incentive payments and

[[Page 113 STAT. 1501A-114]]

        a proposed organizational chart for the agency once such 
        incentive payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered;
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions; and
                    (D) the time period during which incentives may be 
                paid.
            (3) Approval.--The Director of the Office of Management and 
        Budget shall review the agency's plan and approve or disapprove 
        the plan and may make appropriate modifications in the plan with 
        respect to the coverage of incentives as described under 
        paragraph (2)(A), and with respect to the matters described in 
        paragraphs (2)(B) through (D).

    (c) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by the agency to employees of 
        such agency and only to the extent necessary to eliminate the 
        positions and functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment under this section--
                    (A) shall be paid in a lump sum after the employee's 
                separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the employee 
                      would be entitled to receive under section 5595(c) 
                      of title 5, United States Code, if the employee 
                      were entitled to payment under such section; or
                          (ii) an amount determined by the agency head 
                      not to exceed $25,000;
                    (D) may not be made except in the case of any 
                employee who voluntarily separates (whether by 
                retirement or resignation) on or before December 31, 
                2000;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.

    (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 or 
        chapter 84 of title 5, United States Code, the agency shall 
        remit to the Office of Personnel Management for deposit in the 
        Treasury of the United States to the credit of the Civil Service 
        Retirement and Disability Fund an amount equal to 15 percent of 
        the final basic pay of each employee of the agency who is 
        covered under subchapter III of chapter 83

[[Page 113 STAT. 1501A-115]]

        or chapter 84 of title 5, United States Code, to whom a 
        voluntary separation incentive has been paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.

    (e) Effect of Subsequent Employment With the Government.--
            (1) An individual who has received a voluntary separation 
        incentive payment under this section and accepts any employment 
        for compensation with the Government of the United States, or 
        who works for any agency of the Government of the United States 
        through a personal services contract, within 5 years after the 
        date of the separation on which the payment is based shall be 
        required to pay, prior to the individual's first day of 
        employment, the entire amount of the incentive payment to the 
        agency that paid the incentive payment.
            (2) If the employment under paragraph (1) is with an 
        Executive agency (as defined by section 105 of title 5, United 
        States Code), the United States Postal Service, or the Postal 
        Rate Commission, the Director of the Office of Personnel 
        Management may, at the request of the head of the agency, waive 
        the repayment if the individual involved possesses unique 
        abilities and is the only qualified applicant available for the 
        position.
            (3) If the employment under paragraph (1) is with an entity 
        in the legislative branch, the head of the entity or the 
        appointing official may waive the repayment if the individual 
        involved possesses unique abilities and is the only qualified 
        applicant available for the position.
            (4) If the employment under paragraph (1) is with the 
        judicial branch, the Director of the Administrative Office of 
        the United States Courts may waive the repayment if the 
        individual involved possesses unique abilities and is the only 
        qualified applicant for the position.

    (f ) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who has 
        received, or is due to receive, a voluntary separation incentive 
        payment under this section. For the purposes of this subsection, 
        positions shall be counted on a full-time-equivalent basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor the agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.

    (g) Regulations.--The Office of Personnel Management may prescribe 
such regulations as may be necessary to implement this section.

                             iraq opposition

    Sec. 580. Notwithstanding any other provision of law, of the funds 
appropriated under the heading ``Economic Support Fund'', $10,000,000 
shall be made available to support efforts to bring

[[Page 113 STAT. 1501A-116]]

about political transition in Iraq, of which not less than $8,000,000 
shall be made available only to Iraqi opposition groups designated under 
the Iraq Liberation Act (Public Law 105-338) for political, economic, 
humanitarian, and other activities of such groups, and not more than 
$2,000,000 may be made available for groups and activities seeking the 
prosecution of Saddam Hussein and other Iraqi government officials for 
war crimes.

         agency for international development budget submission

    Sec. 581. Beginning with the fiscal year 2001 budget, the Agency for 
International Development shall submit to the Committees on 
Appropriations a detailed budget for each fiscal year. The Agency shall 
submit to the Committees on Appropriations a proposed budget format no 
later than October 31, 1999, or 30 days after the enactment of this Act, 
whichever occurs later. The proposed format shall include how the 
Agency's budget submission will address: (1) estimated levels of 
obligations for the current fiscal year and actual levels for the two 
previous fiscal years; (2) the President's request for new budget 
authority and estimated carryover obligational authority for the budget 
year; (3) the disaggregation of budget data by program and activity for 
each bureau, field mission, and central office; and (4) staff levels 
identified by program.

                   american churchwomen in el salvador

    Sec. 582. (a) Information relevant to the December 2, 1980 murders 
of four American churchwomen in El Salvador shall be made public to the 
fullest extent possible.
    (b) The Secretary of State and the Department of State are to be 
commended for fully releasing information regarding the murders.
    (c) The President shall order all Federal agencies and departments 
that possess relevant information to make every effort to declassify and 
release to the victims' families relevant information as expeditiously 
as possible.
    (d) In making determinations concerning the declassification and 
release of relevant information, the Federal agencies and departments 
shall presume in favor of releasing, rather than of withholding, such 
information.
    (e) Not later than 45 days after the date of the enactment of this 
Act, the Attorney General shall provide a report to the Committees on 
Appropriations describing in detail the circumstances under which 
individuals involved in the murders or the cover-up of the murders 
obtained residence in the United States.

                             kyoto protocol

    Sec. 583. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol, which was adopted on December 11, 1997, in Kyoto, Japan, 
at the Third Conference of the Parties to the United States Framework 
Convention on Climate Change, which has not been submitted to the Senate 
for advice and consent to ratification pursuant to article II, section 
2, clause

[[Page 113 STAT. 1501A-117]]

2, of the United States Constitution, and which has not entered into 
force pursuant to article 25 of the Protocol.

additional requirements relating to stockpiling of defense articles for 
                            foreign countries

    Sec. 584. (a) Value of Additions to Stockpiles.--Section 
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321h(b)(2)(A)) is amended by striking ``$50,000,000 for each of the 
fiscal years 1996 and 1997, $60,000,000 for fiscal year 1998, and'' and 
inserting before the period at the end, the following: ``and $60,000,000 
for fiscal year 2000''.
    (b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended 
by striking ``Of the amount specified in subparagraph (A) for each of 
the fiscal years 1996 and 1997, not more than $40,000,000 may be made 
available for stockpiles in the Republic of Korea and not more than 
$10,000,000 may be made available for stockpiles in Thailand. Of the 
amount specified in subparagraph (A) for fiscal year 1998, not more than 
$40,000,000 may be made available for stockpiles in the Republic of 
Korea and not more than $20,000,000 may be made available for stockpiles 
in Thailand.''; and at the end inserting the following sentence: ``Of 
the amount specified in subparagraph (A) for fiscal year 2000, not more 
than $40,000,000 may be made available for stockpiles in the Republic of 
Korea and not more than $20,000,000 may be made available for stockpiles 
in Thailand.''.

                       russian leadership program

    Sec. 585. Section 3011 of the 1999 Emergency Supplemental 
Appropriations Act (Public Law 106-31; 113 Stat. 93) is amended--
            (1) by striking ``fiscal year 1999'' in subsections (a)(1), 
        (b)(4)(B), (d)(3), and (h)(1)(A) and inserting ``fiscal years 
        1999 and 2000''; and
            (2) by striking ``2000'' in subsection (a)(2), (e)(1), and 
        (h)(1)(B) and inserting ``2001''.

               abolition of the inter-american foundation

    Sec. 586. (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (2) Foundation.--The term ``Foundation'' means the Inter-
        American Foundation.
            (3) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.

    (b) Abolition of Inter-American Foundation.--During fiscal year 
2000, the President is authorized to abolish the Inter-American 
Foundation. The provisions of this section shall only be effective upon 
the effective date of the abolition of the Inter-American Foundation.
    (c) Termination of Functions.--
            (1) Except as provided in subsection (d)(2), there are 
        terminated upon the abolition of the Foundation all functions 
        vested in, or exercised by, the Foundation or any official 
        thereof, under any statute, reorganization plan, Executive 
        order, or

[[Page 113 STAT. 1501A-118]]

        other provisions of law, as of the day before the effective date 
        of this section.
            (2) Repeal.--Section 401 of the Foreign Assistance Act of 
        1969 (22 U.S.C. 6290f) is repealed upon the effective date 
        specified in subsection ( j).
            (3) Final disposition of funds.--Upon the date of 
        transmittal to Congress of the certification described in 
        subsection (d)(4), all unexpended balances of appropriations of 
        the Foundation shall be deposited in the miscellaneous receipts 
        account of the Treasury of the United States.

    (d) Responsibilities of the Director of the Office of Management and 
Budget.--
            (1) In general.--The Director of the Office of Management 
        and Budget shall be responsible for--
                    (A) the administration and wind-up of any 
                outstanding obligation of the Federal Government under 
                any contract or agreement entered into by the Foundation 
                before the date of the enactment of the Foreign 
                Operations, Export Financing, and Related Programs 
                Appropriations Act, 2000, except that the authority of 
                this subparagraph does not include the renewal or 
                extension of any such contract or agreement; and
                    (B) taking such other actions as may be necessary to 
                wind-up any outstanding affairs of the Foundation.
            (2) Transfer of functions to the director.--There are 
        transferred to the Director such functions of the Foundation 
        under any statute, reorganization plan, Executive order, or 
        other provision of law, as of the day before the date of the 
        enactment of this section, as may be necessary to carry out the 
        responsibilities of the Director under paragraph (1).
            (3) Authorities of the director.--For purposes of performing 
        the functions of the Director under paragraph (1) and subject to 
        the availability of appropriations, the Director may--
                    (A) enter into contracts;
                    (B) employ experts and consultants in accordance 
                with section 3109 of title 5, United States Code, at 
                rates for individuals not to exceed the per diem rate 
                equivalent to the rate for level IV of the Executive 
                Schedule; and
                    (C) utilize, on a reimbursable basis, the services, 
                facilities, and personnel of other Federal agencies.
            (4) Certification required.--Whenever the Director 
        determines that the responsibilities described in paragraph (1) 
        have been fully discharged, the Director shall so certify to the 
        appropriate congressional committees.

    (e) Report to Congress.--The Director of the Office of Management 
and Budget shall submit to the appropriate congressional committees a 
detailed report in writing regarding all matters relating to the 
abolition and termination of the Foundation. The report shall be 
submitted not later than 90 days after the termination of the 
Foundation.
    (f ) Transfer and Allocation of Appropriations.--Except as otherwise 
provided in this section, the assets, liabilities (including contingent 
liabilities arising from suits continued with a substitution or addition 
of parties under subsection (g)(3)), contracts, property, records, and 
unexpended balance of appropriations, authorizations, allocations, and 
other funds employed, held, used, arising from, available to, or to be 
made available in connection

[[Page 113 STAT. 1501A-119]]

with the functions, terminated by subsection (c)(1) or transferred by 
subsection (d)(2) shall be transferred to the Director for purposes of 
carrying out the responsibilities described in subsection (d)(1).
    (g) Savings Provisions.--
            (1) Continuing legal force and effect.--All orders, 
        determinations, rules, regulations, permits, agreements, grants, 
        contracts, certificates, licenses, registrations, privileges, 
        and other administrative actions--
                    (A) that have been issued, made, granted, or allowed 
                to become effective by the Foundation in the performance 
                of functions that are terminated or transferred under 
                this section; and
                    (B) that are in effect as of the date of the 
                abolition of the Foundation, or were final before such 
                date and are to become effective on or after such date,

        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Director, or other 
        authorized official, a court of competent jurisdiction, or by 
        operation of law.
            (2) No effect on judicial or administrative proceedings.--
        Except as otherwise provided in this section--
                    (A) the provisions of this section shall not affect 
                suits commenced prior to the date of the abolition of 
                the Foundation; and
                    (B) in all such suits, proceedings shall be had, 
                appeals taken, and judgments rendered in the same manner 
                and effect as if this section had not been enacted.
            (3) Nonabatement of proceedings.--No suit, action, or other 
        proceeding commenced by or against any officer in the official 
        capacity of such individual as an officer of the Foundation 
        shall abate by reason of the enactment of this section. No cause 
        of action by or against the Foundation, or by or against any 
        officer thereof in the official capacity of such officer, shall 
        abate by reason of the enactment of this section.
            (4) Continuation of proceeding with substitution of 
        parties.--If, before the date of the abolition of the 
        Foundation, the Foundation, or officer thereof in the official 
        capacity of such officer, is a party to a suit, then effective 
        on such date such suit shall be continued with the Director 
        substituted or added as a party.
            (5) Reviewability of orders and actions under transferred 
        functions.--Orders and actions of the Director in the exercise 
        of functions terminated or transferred under this section shall 
        be subject to judicial review to the same extent and in the same 
        manner as if such orders and actions had been taken by the 
        Foundation immediately preceding their termination or transfer. 
        Any statutory requirements relating to notice, hearings, action 
        upon the record, or administrative review that apply to any 
        function transferred by this section shall apply to the exercise 
        of such function by the Director.

    (h) Conforming Amendments.--
            (1) African development foundation.--Section 502 of the 
        International Security and Development Cooperation Act of 1980 
        (22 U.S.C. 290h) is amended--
                    (A) by inserting ``and'' at the end of paragraph 
                (2);

[[Page 113 STAT. 1501A-120]]

                    (B) by striking the semicolon at the end of 
                paragraph (3) and inserting a period; and
                    (C) by striking paragraphs (4) and (5).
            (2) Social progress trust fund agreement.--Section 36 of the 
        Foreign Assistance Act of 1973 is amended--
                    (A) in subsection (a)--
                          (i) by striking ``provide for'' and all that 
                      follows through ``(2) utilization'' and inserting 
                      ``provide for the utilization''; and
                          (ii) by striking ``member countries;'' and all 
                      that follows through ``paragraph (2)'' and 
                      inserting ``member countries.'';
                    (B) in subsection (b), by striking ``transfer or'';
                    (C) by striking subsection (c);
                    (D) by redesignating subsection (d) as subsection 
                (c); and
                    (E) in subsection (c) (as so redesignated), by 
                striking ``transfer or''.
            (3) Foreign assistance act of 1961.--Section 222A(d) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2182a(d)) is repealed.

    (i) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate and the Committee on 
Appropriations and the Committee on International Relations of the House 
of Representatives.
    ( j) Effective Dates.--The repeal made by subsection (c)(2) and the 
amendments made by subsection (h) shall take effect upon the date of 
transmittal to Congress of the certification described in subsection 
(d)(4).

                       west bank and gaza program

    Sec. 587. For fiscal year 2000, 30 days prior to the initial 
obligation of funds for the bilateral West Bank and Gaza Program, the 
Secretary of State shall certify to the appropriate committees of 
Congress that procedures have been established to assure the Comptroller 
General of the United States will have access to appropriate United 
States financial information in order to review the uses of United 
States assistance for the Program funded under the heading ``Economic 
Support Fund'' for the West Bank and Gaza.

                         human rights assistance

    Sec. 588. Of the funds made available under the heading 
``International Narcotics Control and Law Enforcement'', not less than 
$500,000 should be provided to the Colombia Attorney General's Human 
Rights Unit, not less than $500,000 should be made available to support 
the activities of Colombian nongovernmental organizations involved in 
human rights monitoring, not less than $250,000 should be provided to 
the United Nations High Commissioner for Human Rights to assist the 
Government of Colombia in strengthening its human rights policies and 
programs, not less than $1,000,000 should be made available for 
personnel and other resources to enhance United States Embassy 
monitoring of assistance to the Colombian security forces and responding 
to reports of human rights violations, and not less than $5,000,000 
should

[[Page 113 STAT. 1501A-121]]

be made available for administration of justice programs including 
support for the Colombia Attorney General's Technical Investigations 
Unit.

                                indonesia

    Sec. 589. (a) Funds appropriated by this Act under the headings 
``International Military Education and Training'' and ``Foreign Military 
Financing Program'' may be made available for Indonesia if the President 
determines and submits a report to the appropriate congressional 
committees that the Indonesian government and the Indonesian armed 
forces are--
            (1) taking effective measures to bring to justice members of 
        the armed forces and militia groups against whom there is 
        credible evidence of human rights violations;
            (2) taking effective measures to bring to justice members of 
        the armed forces against whom there is credible evidence of 
        aiding or abetting militia groups;
            (3) allowing displaced persons and refugees to return home 
        to East Timor, including providing safe passage for refugees 
        returning from West Timor;
            (4) not impeding the activities of the International Force 
        in East Timor (INTERFET) or its successor, the United Nations 
        Transitional Authority in East Timor (UNTAET);
            (5) demonstrating a commitment to preventing incursions into 
        East Timor by members of militia groups in West Timor; and
            (6) demonstrating a commitment to accountability by 
        cooperating with investigations and prosecutions of members of 
        the Indonesian armed forces and militia groups responsible for 
        human rights violations in Indonesia and East Timor.

                          man and the biosphere

    Sec. 590. None of the funds appropriated or otherwise made available 
by this Act may be provided for the United Nations Man and the Biosphere 
Program or the United Nations World Heritage Fund for programs in the 
United States.

               immunity of federal republic of yugoslavia

    Sec. 591. (a) Subject to subsection (b), the Federal Republic of 
Yugoslavia shall be deemed to be a state sponsor of terrorism for the 
purposes of 28 U.S.C. 1605(a)(7).
    (b) This section shall not apply to Montenegro or Kosova.
    (c) This section shall become null and void when the President 
certifies in writing to the Congress that the Federal Republic of 
Yugoslavia (other than Montenegro and Kosova) has completed a democratic 
reform process that results in a newly elected government that respects 
the rights of ethnic minorities, is committed to the rule of law and 
respects the sovereignty of its neighbor states.
    (d) The certification provided for in subsection (c) shall not 
affect the continuation of litigation commenced against the Federal 
Republic of Yugoslavia prior to its fulfillment of the conditions in 
subsection (c).

[[Page 113 STAT. 1501A-122]]

united states assistance policy for opposition-controlled areas of sudan

    Sec. 592. (a) Notwithstanding any other provision of law, the 
President, acting through appropriate Federal agencies, may provide food 
assistance to groups engaged in the protection of civilian populations 
from attacks by regular government of Sudan forces, associated militias, 
or other paramilitary groups supported by the Government of Sudan. Such 
assistance may only be provided in a way that: (1) does not endanger, 
compromise or otherwise reduce the United States' support for 
unilateral, multilateral or private humanitarian operations or the 
beneficiaries of those operations; or (2) compromise any ongoing or 
future people-to-people reconciliation efforts. Any such assistance 
shall be provided separate from and not in proximity to current 
humanitarian efforts, both within Operation Lifeline Sudan or outside of 
Operation Lifeline Sudan, or any other current or future humanitarian 
operations which serve noncombatants. In considering eligibility of 
potential recipients, the President shall determine that the group 
respects human rights, democratic principles, and the integrity of 
ongoing humanitarian operations, and cease such assistance if the 
determination can no longer be made.
    (b) Not later than February 1, 2000, the President shall submit to 
the Committees on Appropriations a report on United States bilateral 
assistance to opposition-controlled areas of Sudan. Such report shall 
include--
            (1) an accounting of United States bilateral assistance to 
        opposition-controlled areas of Sudan, provided in fiscal years 
        1997, 1998, 1999, and proposed for fiscal year 2000, and the 
        goals and objectives of such assistance;
            (2) the policy implications and costs, including logistics 
        and administrative costs, associated with providing humanitarian 
        assistance, including food, directly to National Democratic 
        Alliance participants and the Sudanese People's Liberation 
        Movement operating outside of the United Nations' Operation 
        Lifeline Sudan structure, and the United States agencies best 
        suited to administer these activities; and
            (3) the policy implications of increasing substantially the 
        amount of development assistance for democracy promotion, civil 
        administration, judiciary, and infrastructure support in 
        opposition-controlled areas of Sudan and the obstacles to 
        administering a development assistance program in this region.

                  consultations on arms sales to taiwan

    Sec. 593. Consistent with the intent of Congress expressed in the 
enactment of section 3(b) of the Taiwan Relations Act, the Secretary of 
State shall consult with the appropriate committees and leadership of 
Congress to devise a mechanism to provide for congressional input prior 
to making any determination on the nature or quantity of defense 
articles and services to be made available to Taiwan.

                             authorizations

    Sec. 594. The Secretary of the Treasury may, to fulfill commitments 
of the United States: (1) effect the United States participation in the 
fifth general capital increase of the African Development

[[Page 113 STAT. 1501A-123]]

Bank, the first general capital increase of the Multilateral Investment 
Guarantee Agency, and the first general capital increase of the Inter-
American Investment Corporation; and (2) contribute on behalf of the 
United States to the eighth replenishment of the resources of the 
African Development Fund and the twelfth replenishment of the 
International Development Association. The following amounts are 
authorized to be appropriated without fiscal year limitation for payment 
by the Secretary of the Treasury: $40,847,011 for paid-in capital, and 
$639,932,485 for callable capital, of the African Development Bank; 
$29,870,087 for paid-in capital, and $139,365,533 for callable capital, 
of the Multilateral Investment Guarantee Agency; $125,180,000 for paid-
in capital of the Inter-American Investment Corporation; $300,000,000 
for the African Development Fund; and $2,410,000,000 for the 
International Development Association.

                        assistance for costa rica

    Sec. 595. Of the funds appropriated by Public Law 106-31, under the 
heading ``Central America and the Caribbean Emergency Disaster Recovery 
Fund'', $8,000,000 shall be made available only for Costa Rica.

                     silk road strategy act of 1999

    Sec. 596. (a) Short Title.--This section may be cited as the ``Silk 
Road Strategy Act of 1999''.
    (b) Amendment to the Foreign Assistance Act of 1961.--Part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by 
adding at the end the following new chapter:

``CHAPTER 12--SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF THE 
            COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA

``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND 
            RECOVERY FROM REGIONAL CONFLICTS.

    ``(a) Purpose of Assistance.--The purposes of assistance under this 
section include--
            ``(1) the creation of the basis for reconciliation between 
        belligerents;
            ``(2) the promotion of economic development in areas of the 
        countries of the South Caucasus and Central Asia impacted by 
        civil conflict and war; and
            ``(3) the encouragement of broad regional cooperation among 
        countries of the South Caucasus and Central Asia that have been 
        destabilized by internal conflicts.

    ``(b) Authorization for Assistance.--
            ``(1) In general.--To carry out the purposes of subsection 
        (a), the President is authorized to provide humanitarian 
        assistance and economic reconstruction assistance for the 
        countries of the South Caucasus and Central Asia to support the 
        activities described in subsection (c).
            ``(2) Definition of humanitarian assistance.--In this 
        subsection, the term `humanitarian assistance' means assistance 
        to meet humanitarian needs, including needs for food, medicine, 
        medical supplies and equipment, education, and clothing.

[[Page 113 STAT. 1501A-124]]

    ``(c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include--
            ``(1) providing for the humanitarian needs of victims of the 
        conflicts;
            ``(2) facilitating the return of refugees and internally 
        displaced persons to their homes; and
            ``(3) assisting in the reconstruction of residential and 
        economic infrastructure destroyed by war.

``SEC. 499A. ECONOMIC ASSISTANCE.

    ``(a) Purpose of Assistance.--The purpose of assistance under this 
section is to foster economic growth and development, including the 
conditions necessary for regional economic cooperation, in the South 
Caucasus and Central Asia.
    ``(b) Authorization for Assistance.--To carry out the purpose of 
subsection (a), the President is authorized to provide assistance for 
the countries of the South Caucasus and Central Asia to support the 
activities described in subsection (c).
    ``(c) Activities Supported.--In addition to the activities described 
in section 498, activities supported by assistance under subsection (b) 
should support the development of the structures and means necessary for 
the growth of private sector economies based upon market principles.

``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.

    ``(a) Purpose of Programs.--The purposes of programs under this 
section include--
            ``(1) to develop the physical infrastructure necessary for 
        regional cooperation among the countries of the South Caucasus 
        and Central Asia; and
            ``(2) to encourage closer economic relations and to 
        facilitate the removal of impediments to cross-border commerce 
        among those countries and the United States and other developed 
        nations.

    ``(b) Authorization for Programs.--To carry out the purposes of 
subsection (a), the following types of programs for the countries of the 
South Caucasus and Central Asia may be used to support the activities 
described in subsection (c):
            ``(1) Activities by the Export-Import Bank to complete the 
        review process for eligibility for financing under the Export-
        Import Bank Act of 1945.
            ``(2) The provision of insurance, reinsurance, financing, or 
        other assistance by the Overseas Private Investment Corporation.
            ``(3) Assistance under section 661 of this Act (relating to 
        the Trade and Development Agency).

    ``(c) Activities Supported.--Activities that may be supported by 
programs under subsection (b) include promoting actively the 
participation of United States companies and investors in the planning, 
financing, and construction of infrastructure for communications, 
transportation, including air transportation, and energy and trade 
including highways, railroads, port facilities, shipping, banking, 
insurance, telecommunications networks, and gas and oil pipelines.

``SEC. 499C. BORDER CONTROL ASSISTANCE.

    ``(a) Purpose of Assistance.--The purpose of assistance under this 
section includes the assistance of the countries of the South

[[Page 113 STAT. 1501A-125]]

Caucasus and Central Asia to secure their borders and implement 
effective controls necessary to prevent the trafficking of illegal 
narcotics and the proliferation of technology and materials related to 
weapons of mass destruction (as defined in section 2332a(c)(2) of title 
18, United States Code), and to contain and inhibit transnational 
organized criminal activities.
    ``(b) Authorization for Assistance.--To carry out the purpose of 
subsection (a), the President is authorized to provide assistance to the 
countries of the South Caucasus and Central Asia to support the 
activities described in subsection (c).
    ``(c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include assisting those countries of the 
South Caucasus and Central Asia in developing capabilities to maintain 
national border guards, coast guard, and customs controls.

``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF 
            CIVIL SOCIETY.

    ``(a) Purpose of Assistance.--The purpose of assistance under this 
section is to promote institutions of democratic government and to 
create the conditions for the growth of pluralistic societies, including 
religious tolerance and respect for internationally recognized human 
rights.
    ``(b) Authorization for Assistance.--To carry out the purpose of 
subsection (a), the President is authorized to provide the following 
types of assistance to the countries of the South Caucasus and Central 
Asia:
            ``(1) Assistance for democracy building, including programs 
        to strengthen parliamentary institutions and practices.
            ``(2) Assistance for the development of nongovernmental 
        organizations.
            ``(3) Assistance for development of independent media.
            ``(4) Assistance for the development of the rule of law, a 
        strong independent judiciary, and transparency in political 
        practice and commercial transactions.
            ``(5) International exchanges and advanced professional 
        training programs in skill areas central to the development of 
        civil society.
            ``(6) Assistance to promote increased adherence to civil and 
        political rights under section 116(e) of this Act.

    ``(c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include activities that are designed to 
advance progress toward the development of democracy.

``SEC. 499E. ADMINISTRATIVE AUTHORITIES.

    ``(a) Assistance Through Governments and Nongovernmental 
Organizations.--Assistance under this chapter may be provided to 
governments or through nongovernmental organizations.
    ``(b) Use of Economic Support Funds.--Except as otherwise provided, 
any funds that have been allocated under chapter 4 of part II for 
assistance for the independent states of the former Soviet Union may be 
used in accordance with the provisions of this chapter.
    ``(c) Terms and Conditions.--Assistance under this chapter shall be 
provided on such terms and conditions as the President may determine.

[[Page 113 STAT. 1501A-126]]

    ``(d) Available Authorities.--The authority in this chapter to 
provide assistance for the countries of the South Caucasus and Central 
Asia is in addition to the authority to provide such assistance under 
the FREEDOM Support Act (22 U.S.C. 5801 et seq.) or any other Act, and 
the authorities applicable to the provision of assistance under chapter 
11 may be used to provide assistance under this chapter.

``SEC. 499F. DEFINITIONS.

    ``In this chapter:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            ``(2) Countries of the south caucasus and central asia.--The 
        term `countries of the South Caucasus and Central Asia' means 
        Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, 
        Turkmenistan, and Uzbekistan.''.

    (c) Conforming Amendments.--Section 102(a) of the FREEDOM Support 
Act (Public Law 102-511) is amended in paragraphs (2) and (4) by 
striking each place it appears ``this Act)'' and inserting ``this Act 
and chapter 12 of part I of the Foreign Assistance Act of 1961)''.
    (d) Annual Report.--Section 104 of the FREEDOM Support Act (22 
U.S.C. 5814) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) with respect to the countries of the South Caucasus 
        and Central Asia--
                    ``(A) an identification of the progress made by the 
                United States in accomplishing the policy described in 
                section 3 of the Silk Road Strategy Act of 1999;
                    ``(B) an evaluation of the degree to which the 
                assistance authorized by chapter 12 of part I of the 
                Foreign Assistance Act of 1961 has accomplished the 
                purposes identified in that chapter;
                    ``(C) a description of the progress being made by 
                the United States to resolve trade disputes registered 
                with and raised by the United States embassies in each 
                country, and to negotiate a bilateral agreement relating 
                to the protection of United States direct investment in, 
                and other business interests with, each country; and
                    ``(D) recommendations of any additional initiatives 
                that should be undertaken by the United States to 
                implement the policy and purposes contained in the Silk 
                Road Strategy Act of 1999.''.

                country reports on human rights practices

    Sec. 597. Section 116 of the Foreign Assistance Act of 1961 is 
amended by adding the following new subsection:
    ``(f )(1) The report required by subsection (d) shall include--
            ``(A) a list of foreign states where trafficking in persons, 
        especially women and children, originates, passes through, or is 
        a destination; and

[[Page 113 STAT. 1501A-127]]

            ``(B) an assessment of the efforts by the governments of the 
        states described in paragraph (A) to combat trafficking. Such an 
        assessment shall address--
                    ``(i) whether government authorities in each such 
                state tolerate or are involved in trafficking 
                activities;
                    ``(ii) which government authorities in each such 
                state are involved in anti-trafficking activities;
                    ``(iii) what steps the government of each such state 
                has taken to prohibit government officials and other 
                individuals from participating in trafficking, including 
                the investigation, prosecution, and conviction of 
                individuals involved in trafficking;
                    ``(iv) what steps the government of each such state 
                has taken to assist trafficking victims;
                    ``(v) whether the government of each such state is 
                cooperating with governments of other countries to 
                extradite traffickers when requested;
                    ``(vi) whether the government of each such state is 
                assisting in international investigations of 
                transnational trafficking networks; and
                    ``(vii) whether the government of each such state 
                refrains from prosecuting trafficking victims or 
                refrains from other discriminatory treatment towards 
                victims.

    ``(2) In compiling data and assessing trafficking for the purposes 
of paragraph (1), United States Diplomatic Mission personnel shall 
consult with human rights and other appropriate nongovernmental 
organizations.
    ``(3) For purposes of this subsection--
            ``(A) the term `trafficking' means the use of deception, 
        coercion, debt bondage, the threat of force, or the abuse of 
        authority to recruit, transport within or across borders, 
        purchase, sell, transfer, receive, or harbor a person for the 
        purposes of placing or holding such person, whether for pay or 
        not, in involuntary servitude, slavery or slavery-like 
        conditions, or in forced, bonded, or coerced labor;
            ``(B) the term `victim of trafficking' means any person 
        subjected to the treatment described in subparagraph (A).''.

                           opic maritime fund

    Sec. 598. It is the sense of the Congress that the Overseas Private 
Investment Corporation shall within 1 year from the date of the 
enactment of this Act select a fund manager for the purpose of creating 
a maritime fund with total capitalization of up to $200,000,000. This 
fund shall leverage United States commercial maritime expertise to 
support international maritime projects.

                        sanctions against serbia

    Sec. 599. (a) Continuation of Executive Branch Sanctions.--The 
sanctions listed in subsection (b) shall remain in effect for fiscal 
year 2000, unless the President submits to the Committees on 
Appropriations and Foreign Relations in the Senate and the Committees on 
Appropriations and International Relations of the House of 
Representatives a certification described in subsection (c).
    (b) Applicable Sanctions.--

[[Page 113 STAT. 1501A-128]]

            (1) The Secretary of the Treasury shall instruct the United 
        States executive directors of the international financial 
        institutions to work in opposition to, and vote against, any 
        extension by such institutions of any financial or technical 
        assistance or grants of any kind to the government of Serbia.
            (2) The Secretary of State should instruct the United States 
        Ambassador to the Organization for Security and Cooperation in 
        Europe (OSCE) to block any consensus to allow the participation 
        of Serbia in the OSCE or any organization affiliated with the 
        OSCE.
            (3) The Secretary of State should instruct the United States 
        Representative to the United Nations to vote against any 
        resolution in the United Nations Security Council to admit 
        Serbia to the United Nations or any organization affiliated with 
        the United Nations, to veto any resolution to allow Serbia to 
        assume the United Nations' membership of the former Socialist 
        Federal Republic of Yugoslavia, and to take action to prevent 
        Serbia from assuming the seat formerly occupied by the Socialist 
        Federal Republic of Yugoslavia.
            (4) The Secretary of State should instruct the United States 
        Permanent Representative on the Council of the North Atlantic 
        Treaty Organization to oppose the extension of the Partnership 
        for Peace program or any other organization affiliated with NATO 
        to Serbia.
            (5) The Secretary of State should instruct the United States 
        Representatives to the Southeast European Cooperative Initiative 
        (SECI) to oppose and to work to prevent the extension of SECI 
        membership to Serbia.

    (c) Certification.--A certification described in this subsection is 
a certification that--
            (1) the representatives of the successor states to the 
        Socialist Federal Republic of Yugoslavia have successfully 
        negotiated the division of assets and liabilities and all other 
        succession issues following the dissolution of the Socialist 
        Federal Republic of Yugoslavia;
            (2) the Government of Serbia is fully complying with its 
        obligations as a signatory to the General Framework Agreement 
        for Peace in Bosnia and Herzegovina;
            (3) the Government of Serbia is fully cooperating with and 
        providing unrestricted access to the International Criminal 
        Tribunal for the former Yugoslavia, including surrendering 
        persons indicted for war crimes who are within the jurisdiction 
        of the territory of Serbia, and with the investigations 
        concerning the commission of war crimes and crimes against 
        humanity in Kosova;
            (4) the Government of Serbia is implementing internal 
        democratic reforms; and
            (5) Serbian federal governmental officials, and 
        representatives of the ethnic Albanian community in Kosova have 
        agreed on, signed, and begun implementation of a negotiated 
        settlement on the future status of Kosova.

    (d) Statement of Policy.--It is the sense of the Congress that the 
United States should not restore full diplomatic relations with Serbia 
until the President submits to the Committees on Appropriations and 
Foreign Relations in the Senate and the Committees on Appropriations and 
International Relations in the

[[Page 113 STAT. 1501A-129]]

House of Representatives the certification described in subsection (c).
    (e) Exemption of Montenegro and Kosova.--The sanctions described in 
subsection (b) shall not apply to Montenegro or Kosova.
    (f ) Definition.--The term ``international financial institution'' 
includes the International Monetary Fund, the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Multilateral 
Investment Guaranty Agency, and the European Bank for Reconstruction and 
Development.
    (g) Waiver Authority.--The President may waive the application in 
whole or in part, of any sanction described in subsection (b) if the 
President certifies to the Congress that the President has determined 
that the waiver is necessary to meet emergency humanitarian needs.

                          clean coal technology

    Sec. 599A. (a) Findings.--The Congress finds as follows:
            (1) The United States is the world leader in the development 
        of environmental technologies, particularly clean coal 
        technology.
            (2) Severe pollution problems affecting people in developing 
        countries, and the serious health problems that result from such 
        pollution, can be effectively addressed through the application 
        of United States technology.
            (3) During the next century, developing countries, 
        particularly countries in Asia such as China and India, will 
        dramatically increase their consumption of electricity, and low 
        quality coal will be a major source of fuel for power 
        generation.
            (4) Without the use of modern clean coal technology, the 
        resultant pollution will cause enormous health and environmental 
        problems leading to diminished economic growth in developing 
        countries and, thus, diminished United States exports to those 
        growing markets.

    (b) Statement of Policy.--It is the policy of the United States to 
promote the export of United States clean coal technology. In 
furtherance of that policy, the Secretary of State, the Secretary of the 
Treasury (acting through the United States executive directors to 
international financial institutions), the Secretary of Energy, and the 
Administrator of the United States Agency for International Development 
(USAID) should, as appropriate, vigorously promote the use of United 
States clean coal technology in environmental and energy infrastructure 
programs, projects and activities. Programs, projects and activities for 
which the use of such technology should be considered include 
reconstruction assistance for the Balkans, activities carried out by the 
Global Environment Facility, and activities funded from USAID's 
Development Credit Authority.

   restriction on united states assistance for certain reconstruction 
                      efforts in the balkans region

    Sec. 599B. (a) Funds appropriated or otherwise made available by 
this Act for United States assistance for reconstruction efforts in the 
Federal Republic of Yugoslavia or any contiguous country should to the 
maximum extent practicable be used for the procurement of articles and 
services of United States origin.
    (b) Definitions.--In this section:

[[Page 113 STAT. 1501A-130]]

            (1) Article.--The term ``article'' means any agricultural 
        commodity, steel, communications equipment, farm machinery or 
        petrochemical refinery equipment.
            (2) Federal republic of yugoslavia.--The term ``Federal 
        Republic of Yugoslavia'' includes Serbia, Montenegro and Kosova.

             contributions to united nations population fund

    Sec. 599C. (1) Limitations on Amount of Contribution.--Of the 
amounts made available under ``International Organizations and 
Programs'', not more than $25,000,000 for fiscal year 2000 shall be 
available for the United Nations Population Fund (hereafter in this 
subsection referred to as the ``UNFPA'').
    (2) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be made 
available for the UNFPA for a country program in the People's Republic 
of China.
    (3) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' for fiscal year 2000 
for the UNFPA may not be made available to UNFPA unless--
            (A) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts of 
        the UNFPA;
            (B) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums; and
            (C) the UNFPA does not fund abortions.

    (4) Report to the Congress and Withholding of Funds.--
            (A) Not later than February 15, 2000, the Secretary of State 
        shall submit a report to the appropriate congressional 
        committees indicating the amount of funds that the United 
        Nations Population Fund is budgeting for the year in which the 
        report is submitted for a country program in the People's 
        Republic of China.
            (B) If a report under subparagraph (A) indicates that the 
        United Nations Population Fund plans to spend funds for a 
        country program in the People's Republic of China in the year 
        covered by the report, then the amount of such funds that the 
        UNFPA plans to spend in the People's Republic of China shall be 
        deducted from the funds made available to the UNFPA after March 
        1 for obligation for the remainder of the fiscal year in which 
        the report is submitted.

                  authorization for population planning

    Sec. 599D. (a) Authorization.--Not to exceed $385,000,000 of the 
funds appropriated in title II of this Act may be available for 
population planning activities or other population assistance.
    (b) Restriction on Assistance to Foreign Organizations That Perform 
or Actively Promote Abortions.--
            (1) Performance of abortions.--(A) Notwithstanding section 
        614 of the Foreign Assistance Act of 1961, or any other 
        provision of law, no funds appropriated by title II of this Act 
        for population planning activities or other population 
        assistance may be made available for any foreign private, 
        nongovernmental, or multilateral organization until the 
        organization certifies that it will not, during the period for 
        which the funds

[[Page 113 STAT. 1501A-131]]

        are made available, perform abortions in any foreign country, 
        except where the life of the mother would be endangered if the 
        pregnancy were carried to term or in cases of forcible rape or 
        incest.
            (B) Subparagraph (A) may not be construed to apply to the 
        treatment of injuries or illnesses caused by legal or illegal 
        abortions or to assistance provided directly to the government 
        of a country.
            (2) Lobbying activities.--(A) Notwithstanding section 614 of 
        the Foreign Assistance Act of 1961, or any other provision of 
        law, no funds appropriated by title II of this Act for 
        population planning activities or other population assistance 
        may be made available for any foreign private, nongovernmental, 
        or multilateral organization until the organization certifies 
        that it will not, during the period for which the funds are made 
        available, violate the laws of any foreign country concerning 
        the circumstances under which abortion is permitted, regulated, 
        or prohibited, or engage in activities or efforts to alter the 
        laws or governmental policies of any foreign country concerning 
        the circumstances under which abortion is permitted, regulated, 
        or prohibited.
            (B) Subparagraph (A) shall not apply to activities in 
        opposition to coercive abortion or involuntary sterilization.
            (3) Application to foreign organizations.--The prohibitions 
        and certifications of this subsection apply to funds made 
        available to a foreign organization either directly or as a 
        subcontractor or subgrantee.

    (c) Waiver Authority.--
            (1) Authority.--The President may waive the restrictions 
        contained in subsection (b) that require certifications from 
        foreign private, nongovernmental, or multilateral organizations.
            (2) Reduction of assistance.--In the event the President 
        exercises the authority contained in paragraph (1) to waive 
        either or both subsections (b)(1) and (b)(2), then--
                    (A) assistance authorized by subsection (a) and 
                allocated for population planning activities or other 
                population assistance shall be reduced by a total of 
                $12,500,000, and that amount shall be transferred from 
                funds appropriated by this Act under the heading 
                ``Development Assistance'' and consolidated and merged 
                with funds appropriated by this Act under the heading 
                ``Child Survival and Disease Programs Fund''; and
                    (B) Notwithstanding any other provision of law, such 
                transferred funds that would have been made available 
                for population planning activities or other population 
                assistance shall be made available for infant and child 
                health programs that have a direct, measurable, and high 
                impact on reducing the incidence of illness and death 
                among children.
            (3) Limitation.--The authority provided in paragraph (1) may 
        be exercised to allow the provision of not more than 
        $15,000,000, in the aggregate, to all foreign private, 
        nongovernmental, or multilateral organizations with respect to 
        which such authority is exercised.
            (4) Additional requirements.--Upon exercising the authority 
        provided in paragraph (1), the President shall report

[[Page 113 STAT. 1501A-132]]

        in writing to the Committee on Appropriations and the Committee 
        on Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on International Relations of 
        the House of Representatives.

                           opic authorization

    Sec. 599E. Section 235(a)(2) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2195(a)(2)) is amended by striking ``1999'' and inserting 
``November 1, 2000''.

       TITLE VI--INTERNATIONAL AFFAIRS SUPPLEMENTAL APPROPRIATIONS

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                   other bilateral economic assistance

                          economic support fund

    For an additional amount for ``Economic Support Fund'' for 
assistance for Jordan and for the West Bank and Gaza, $450,000,000, to 
remain available until September 30, 2002, of which $100,000,000 of the 
funds made available for the West Bank and Gaza shall become available 
for obligation on September 30, 2000: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount provided shall be available only to the extent that an official 
budget request that includes designation of the entire amount as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                           MILITARY ASSISTANCE

                   Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing Program'', 
$1,375,000,000, to remain available until September 30, 2002, of which 
$1,200,000,000 shall be for grants only for Israel, $25,000,000 shall be 
for grants only for Egypt, and $150,000,000 shall be for grants only for 
Jordan: Provided, That $300,000,000 of the funds made available for 
Israel and $100,000,000 of the funds made available for Jordan shall 
become available for obligation on September 30, 2000: Provided further, 
That funds appropriated under this heading shall be nonrepayable, 
notwithstanding section 23 of the Arms Export Control Act: Provided 
further, That funds appropriated under this heading shall be expended at 
the minimum rate necessary to make timely payment for defense articles 
and services: Provided further, That to the extent that the Government 
of Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons

[[Page 113 STAT. 1501A-133]]

systems, of which not to exceed 26.3 percent shall be available for the 
procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount provided shall be available only to the extent that an 
official budget request that includes designation of the entire amount 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
notwithstanding any other provision of this Act, not to exceed 
$1,370,000,000 of the funds appropriated for Israel under this heading 
in title III shall be disbursed within 30 days of the enactment of this 
Act.
    This Act may be cited as the ``Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000''.

[[Page 113 STAT. 1501A-135]]



                          APPENDIX C--H.R. 3423

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the Interior 
and related agencies for the fiscal year ending September 30, 2000, and 
for other purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $646,218,000, to remain 
available until expended, of which $2,147,000 shall be available for 
assessment of the mineral potential of public lands in Alaska pursuant 
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which not 
to exceed $1,000,000 shall be derived from the special receipt account 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)); and of which $2,500,000 shall be available in 
fiscal year 2000 subject to a match by at least an equal amount by the 
National Fish and Wildlife Foundation, to such Foundation for cost-
shared projects supporting conservation of Bureau lands and such funds 
shall be advanced to the Foundation as a lump sum grant without regard 
to when expenses are incurred; in addition, $33,529,000 for Mining Law 
Administration program operations, including the cost of administering 
the mining claim fee program; to remain available until expended, to be 
reduced by amounts collected by the Bureau and credited to this 
appropriation from annual mining claim fees so as to result in a final 
appropriation estimated at not more than $646,218,000, and $2,000,000, 
to remain available until expended, from communication site rental fees 
established by the Bureau for the cost of administering communication 
site activities, and of which $2,500,000, to remain available until 
expended, is for coalbed methane Applications for Permits to Drill in 
the Powder River Basin: Provided, That unless there is a written 
agreement in place between the coal mining operator and a gas producer, 
the funds available herein shall not be used to process or approve 
coalbed methane Applications for Permits to Drill for well sites that 
are located within an area, which as

[[Page 113 STAT. 1501A-136]]

of the date of the coalbed methane Application for Permit to Drill, are 
covered by: (1) a coal lease; (2) a coal mining permit; or (3) an 
application for a coal mining lease: Provided further, That 
appropriations herein made shall not be available for the destruction of 
healthy, unadopted, wild horses and burros in the care of the Bureau or 
its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, emergency rehabilitation and hazardous fuels reduction by 
the Department of the Interior, $292,282,000, to remain available until 
expended, of which not to exceed $9,300,000 shall be for the renovation 
or construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That unobligated balances of amounts previously appropriated to 
the ``Fire Protection'' and ``Emergency Department of the Interior 
Firefighting Fund'' may be transferred and merged with this 
appropriation: Provided further, That persons hired pursuant to 43 
U.S.C. 1469 may be furnished subsistence and lodging without cost from 
funds available from this appropriation: Provided further, That 
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of 
the Department of the Interior for fire protection rendered pursuant to 
42 U.S.C. 1856 et seq., protection of United States property, may be 
credited to the appropriation from which funds were expended to provide 
that protection, and are available without fiscal year limitation: 
Provided further, That not more than $58,000 shall be available to the 
Bureau of Land Management to reimburse Trinity County for expenses 
incurred as part of the July 2, 1999 Lowden Fire.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$10,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the department pursuant to section 107 or 113(f 
) of such Act, shall be credited to this account to be available until 
expended without further appropriation: Provided further, That such sums 
recovered from or paid by any party are not limited to monetary payments 
and may include stocks, bonds or other personal or real property, which 
may be retained, liquidated, or otherwise disposed of by the Secretary 
and which shall be credited to this account.

                              construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $11,425,000, to remain available until 
expended.

[[Page 113 STAT. 1501A-137]]

                        payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $135,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses: Provided, That 
no payment shall be made to otherwise eligible units of local government 
if the computed amount of the payment is less than $100.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $15,500,000, to be derived from 
the Land and Water Conservation Fund, to remain available until 
expended.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing 
connecting roads on or adjacent to such grant lands; $99,225,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred to the general fund in the Treasury in accordance with the 
second paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876).

               forest ecosystems health and recovery fund

                    (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, and monitoring salvage 
timber sales and forest ecosystem health and recovery activities such as 
release from competing vegetation and density control treatments. The 
Federal share of receipts (defined as the portion of salvage timber 
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181f-1 et seq., and Public Law 103-66) derived from treatments funded 
by this account shall be deposited into the Forest Ecosystem Health and 
Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C.

[[Page 113 STAT. 1501A-138]]

315 et seq.) and the amount designated for range improvements from 
grazing fees and mineral leasing receipts from Bankhead-Jones lands 
transferred to the Department of the Interior pursuant to law, but not 
less than $10,000,000, to remain available until expended: Provided, 
That not to exceed $600,000 shall be available for administrative 
expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, That notwithstanding any provision 
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 
1735(a)), any moneys that have been or will be received pursuant to that 
section, whether as a result of forfeiture, compromise, or settlement, 
if not appropriate for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended under the 
authority of this Act by the Secretary to improve, protect, or 
rehabilitate any public lands administered through the Bureau of Land 
Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used on 
the exact lands damaged which led to the action: Provided further, That 
any such moneys that are in excess of amounts needed to repair damage to 
the exact land for which funds were collected may be used to repair 
other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                        administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in

[[Page 113 STAT. 1501A-139]]

connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the Bureau 
determines the cooperator is capable of meeting accepted quality 
standards.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, for scientific and economic studies, conservation, management, 
investigations, protection, and utilization of fishery and wildlife 
resources, except whales, seals, and sea lions, maintenance of the herd 
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general 
administration, and for the performance of other authorized functions 
related to such resources by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public and 
private entities, $716,046,000, to remain available until September 30, 
2001, except as otherwise provided herein, of which $11,701,000 shall 
remain available until expended for operation and maintenance of fishery 
mitigation facilities constructed by the Corps of Engineers under the 
Lower Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
from water development projects on the Lower Snake River, and of which 
not less than $2,000,000 shall be provided to local governments in 
southern California for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain available until 
expended: Provided, That not less than $1,000,000 for high priority 
projects which shall be carried out by the Youth Conservation Corps as 
authorized by the Act of August 13, 1970, as amended: Provided further, 
That not to exceed $6,232,000 shall be used for implementing subsections 
(a), (b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii): Provided 
further, That of the amount available for law enforcement, up to 
$400,000 to remain available until expended, may at the discretion of 
the Secretary, be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, authorized 
or approved by the Secretary and to be accounted for solely on his 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses: Provided further, That 
hereafter, all fines collected by the United States Fish and Wildlife 
Service for violations of the Marine Mammal Protection Act (16 U.S.C. 
1362-1407) and implementing regulations shall be available to the 
Secretary, without further appropriation, to be used for the expenses of 
the United States Fish and Wildlife Service in administering activities 
for the protection and recovery of manatees, polar bears, sea otters, 
and walruses, and shall remain available until expended: Provided 
further, That, notwithstanding any other provision of law, in fiscal 
year 1999 and thereafter, sums provided by private entities for 
activities pursuant to reimbursable agreements shall be credited

[[Page 113 STAT. 1501A-140]]

to the ``Resource Management'' account and shall remain available until 
expended: Provided further, That, heretofore and hereafter, in carrying 
out work under reimbursable agreements with any State, local, or tribal 
government, the United States Fish and Wildlife Service may, without 
regard to 31 U.S.C. 1341 and notwithstanding any other provision of law 
or regulation, record obligations against accounts receivable from such 
entities, and shall credit amounts received from such entities to this 
appropriation, such credit to occur within 90 days of the date of the 
original request by the Service for payment: Provided further, That all 
funds received by the United States Fish and Wildlife Service from 
responsible parties, heretofore and hereafter, for site-specific damages 
to National Wildlife Refuge System lands resulting from the exercise of 
privately-owned oil and gas rights associated with such lands in the 
States of Louisiana and Texas (other than damages recoverable under the 
Comprehensive Environmental Response, Compensation and Liability Act (26 
U.S.C. 4611 et seq.), the Oil Pollution Act (33 U.S.C. 1301 et seq.), or 
section 311 of the Clean Water Act (33 U.S.C. 1321 et seq.)), shall be 
available to the Secretary, without further appropriation and until 
expended to: (1) complete damage assessments of the impacted site by the 
Secretary; (2) mitigate or restore the damaged resources; and (3) 
monitor and study the recovery of such damaged resources.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, and 
utilization of fishery and wildlife resources, and the acquisition of 
lands and interests therein; $54,583,000, to remain available until 
expended: Provided, That notwithstanding any other provision of law, a 
single procurement for the construction of facilities at the Alaska 
Maritime National Wildlife Refuge may be issued which includes the full 
scope of the project: Provided further, That the solicitation and the 
contract shall contain the clauses ``availability of funds'' found at 48 
CFR 52.232.18.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $50,513,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $23,000,000, to 
be derived from the Cooperative Endangered Species Conservation Fund, 
and to remain available until expended.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $10,779,000.

[[Page 113 STAT. 1501A-141]]

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$15,000,000, to remain available until expended.

               wildlife conservation and appreciation fund

    For necessary expenses of the Wildlife Conservation and Appreciation 
Fund, $800,000, to remain available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), and the Rhinoceros and Tiger Conservation Act 
of 1994 (16 U.S.C. 5301-5306), $2,400,000, to remain available until 
expended: Provided, That funds made available under this Act, Public Law 
105-277, and Public Law 105-83 for rhinoceros, tiger, and Asian elephant 
conservation programs are exempt from any sanctions imposed against any 
country under section 102 of the Arms Export Control Act (22 U.S.C. 
2799aa-1).

              commercial salmon fishery capacity reduction

    For the Federal share of a capacity reduction program to repurchase 
Washington State Fraser River Sockeye commercial fishery licenses 
consistent with the implementation of the ``June 30, 1999, Agreement of 
the United States and Canada on the Treaty Between the Government of the 
United States and the Government of Canada Concerning Pacific Salmon, 
1985'', $5,000,000, to remain available until expended, and to be 
provided in the form of a grant directly to the State of Washington 
Department of Fish and Wildlife.

                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 70 
passenger motor vehicles, of which 61 are for replacement only 
(including 36 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft

[[Page 113 STAT. 1501A-142]]

as replacements for existing aircraft: Provided further, That 
notwithstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act for the 
purchase of lands or interests in lands to be used in the establishment 
of any new unit of the National Wildlife Refuge System unless the 
purchase is approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures contained 
in Senate Report 105-56.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, including not less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 16 
U.S.C. 1706, $1,365,059,000, of which $8,800,000 is for research, 
planning and interagency coordination in support of land acquisition for 
Everglades restoration shall remain available until expended, and of 
which not to exceed $8,000,000, to remain available until expended, is 
to be derived from the special fee account established pursuant to title 
V, section 5201 of Public Law 100-203.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $53,899,000, of which 
$2,000,000 shall be available to carry out the Urban Park and Recreation 
Recovery Act of 1978 (16 U.S.C. 2501 et seq.), and of which $866,000 
shall be available until expended for the Oklahoma City National 
Memorial Trust, notwithstanding 7(1) of Public Law 105-58: Provided, 
That notwithstanding any other provision of law, the National Park 
Service may hereafter recover all fees derived from providing necessary 
review services associated with historic preservation tax certification, 
and such funds shall be available until expended without further 
appropriation for the costs of such review services: Provided further, 
That no more than $150,000 may be used for overhead and program 
administrative expenses for the heritage partnership program.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $75,212,000, to be 
derived from the Historic Preservation Fund, to remain available until 
September 30, 2001, of which $10,722,000 pursuant to section 507 of 
Public Law 104-333 shall remain available until expended: Provided, That 
of the total amount provided, $30,000,000 shall be for Save America's 
Treasures for

[[Page 113 STAT. 1501A-143]]

priority preservation projects, including preservation of intellectual 
and cultural artifacts, preservation of historic structures and sites, 
and buildings to house cultural and historic resources and to provide 
educational opportunities: Provided further, That any individual Save 
America's Treasures grant shall be matched by non-Federal funds: 
Provided further, That individual projects shall only be eligible for 
one grant, and all projects to be funded shall be approved by the House 
and Senate Committees on Appropriations prior to the commitment of grant 
funds: Provided further, That Save America's Treasures funds allocated 
for Federal projects shall be available by transfer to appropriate 
accounts of individual agencies, after approval of such projects by the 
Secretary of the Interior: Provided further, That none of the funds 
provided for Save America's Treasures may be used for administrative 
expenses, and staffing for the program shall be available from the 
existing staffing levels in the National Park Service.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$225,493,000, to remain available until expended, of which $885,000 
shall be for realignment of the Denali National Park entrance road, of 
which not less than $3,000,000 shall be available for modifications to 
the Franklin Delano Roosevelt Memorial: Provided, That $3,000,000 for 
the Wheeling National Heritage Area, $3,000,000 for the Lincoln Library, 
and $3,000,000 for the Southwest Pennsylvania Heritage Area shall be 
derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a: 
Provided further, That the National Park Service will make available 37 
percent, not to exceed $1,850,000, of the total cost of upgrading the 
Mariposa County, California municipal solid waste disposal system: 
Provided further, That Mariposa County will provide assurance that 
future use fees paid by the National Park Service will be reflective of 
the capital contribution made by the National Park Service.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2000 by 16 U.S.C. 
460l-10a is rescinded.

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $120,700,000, to be derived from the Land 
and Water Conservation Fund, to remain available until expended, of 
which $21,000,000 is for the State assistance program including 
$1,000,000 to administer the State assistance program, and of which 
$10,000,000 may be for State grants for land acquisition in the State of 
Florida: Provided, That funds provided for State grants for land 
acquisition in the State of Florida are contingent upon the following: 
(1) submission

[[Page 113 STAT. 1501A-144]]

of detailed legislative language to the House and Senate Committees on 
Appropriations agreed to by the Secretary of the Interior, the Secretary 
of the Army and the Governor of Florida that would provide assurances 
for the guaranteed supply of water to the natural areas in southern 
Florida, including all National parks, Preserves, Wildlife Refuge lands, 
and other natural areas to ensure a restored ecosystem; and (2) 
submission of a complete prioritized non-Federal land acquisition 
project list: Provided further, That after the requirements under this 
heading have been met, from the funds made available for State grants 
for land acquisition in the State of Florida the Secretary may provide 
Federal assistance to the State of Florida for the acquisition of lands 
or waters, or interests therein, within the Everglades watershed 
(consisting of lands and waters within the boundaries of the South 
Florida Water Management District, Florida Bay and the Florida Keys, 
including the areas known as the Frog Pond, the Rocky Glades and the 
Eight and One-Half Square Mile Area) under terms and conditions deemed 
necessary by the Secretary to improve and restore the hydrological 
function of the Everglades watershed: Provided further, That funds 
provided under this heading to the State of Florida are contingent upon 
new matching non-Federal funds by the State and shall be subject to an 
agreement that the lands to be acquired will be managed in perpetuity 
for the restoration of the Everglades: Provided further, That of the 
amount provided herein $2,000,000 shall be made available by the 
National Park Service, pursuant to a grant agreement, to the State of 
Wisconsin so that the State may acquire land or interest in land for the 
Ice Age National Scenic Trail: Provided further, That of the amount 
provided herein $500,000 shall be made available by the National Park 
Service, pursuant to a grant agreement, to the State of Wisconsin so 
that the State may acquire land or interest in land for the North 
Country National Scenic Trail: Provided further, That funds provided 
under this heading to the State of Wisconsin are contingent upon 
matching funds by the State.

                        administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 384 passenger motor vehicles, of which 298 
shall be for replacement only, including not to exceed 312 for police-
type use, 12 buses, and 6 ambulances: Provided, That none of the funds 
appropriated to the National Park Service may be used to process any 
grant or contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, That none of the funds appropriated to the 
National Park Service may be used to implement an agreement for the 
redevelopment of the southern end of Ellis Island until such agreement 
has been submitted to the Congress and shall not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.

[[Page 113 STAT. 1501A-145]]

    The National Park Service may distribute to operating units based on 
the safety record of each unit the costs of programs designed to improve 
workplace and employee safety, and to encourage employees receiving 
workers' compensation benefits pursuant to chapter 81 of title 5, United 
States Code, to return to appropriate positions for which they are 
medically able.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and publish 
and disseminate data relative to the foregoing activities; and to 
conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data; $823,833,000, of which $60,856,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; and of which $16,400,000 shall remain available until 
expended for conducting inquiries into the economic conditions affecting 
mining and materials processing industries; and of which $2,000,000 
shall remain available until expended for ongoing development of a 
mineral and geologic data base; and of which $137,604,000 shall be 
available until September 30, 2001 for the biological research activity 
and the operation of the Cooperative Research Units: Provided, That none 
of these funds provided for the biological research activity shall be 
used to conduct new surveys on private property, unless specifically 
authorized in writing by the property owner: Provided further, That no 
part of this appropriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; contracting 
for the furnishing of topographic maps and for the making of geophysical 
or other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of lands 
for gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts: Provided, That activities funded by appropriations 
herein made may be accomplished through the use of

[[Page 113 STAT. 1501A-146]]

contracts, grants, or cooperative agreements as defined in 31 U.S.C. 
6302 et seq.: Provided further, That the United States Geological Survey 
may hereafter contract directly with individuals or indirectly with 
institutions or nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or recent 
graduates, who shall be considered employees for the purposes of 
chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be considered 
to be Federal employees for any other purposes.

                       Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehicles for 
replacement only; $110,682,000, of which $84,569,000 shall be available 
for royalty management activities; and an amount not to exceed 
$124,000,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate increases to 
fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service over and above the rates in 
effect on September 30, 1993, and from additional fees for Outer 
Continental Shelf administrative activities established after September 
30, 1993: Provided, That to the extent $124,000,000 in additions to 
receipts are not realized from the sources of receipts stated above, the 
amount needed to reach $124,000,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993: Provided 
further, That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2001: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of the Minerals Management Service concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or tribes, or to 
correct prior unrecoverable erroneous payments: Provided further, That 
not to exceed $198,000 shall be available to carry out the requirements 
of section 215(b)(2) of the Water Resources Development Act of 1999.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $6,118,000, which shall be derived

[[Page 113 STAT. 1501A-147]]

from the Oil Spill Liability Trust Fund, to remain available until 
expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $95,891,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2000 for civil 
penalties assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, That appropriations for the 
Office of Surface Mining Reclamation and Enforcement may provide for the 
travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $196,208,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $8,000,000, to be derived from the Federal Expenses Share 
of the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage from coal 
mines, and for associated activities, through the Appalachian Clean 
Streams Initiative: Provided, That grants to minimum program States will 
be $1,500,000 per State in fiscal year 2000: Provided further, That of 
the funds herein provided up to $18,000,000 may be used for the 
emergency program authorized by section 410 of Public Law 95-87, as 
amended, of which no more than 25 percent shall be used for emergency 
reclamation projects in any one State and funds for federally 
administered emergency reclamation projects under this proviso shall not 
exceed $11,000,000: Provided further, That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be subject 
to the 25 percent limitation per State and may be used without fiscal 
year limitation for emergency projects: Provided further, That pursuant 
to Public Law 97-365, the Department of the Interior is authorized to 
use up to 20 percent from the recovery of the delinquent debt owed to 
the United States Government to pay for contracts to collect these 
debts: Provided further, That funds made available under title IV of 
Public Law 95-87 may be used for any required non-Federal share of the 
cost of projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid mine 
drainage from abandoned mines: Provided further, That such projects must 
be consistent with the purposes and priorities of the Surface Mining 
Control and Reclamation Act: Provided further, That, in addition to the 
amount granted

[[Page 113 STAT. 1501A-148]]

to the Commonwealth of Pennsylvania under sections 402(g)(1) and 
402(g)(5) of the Surface Mining Control and Reclamation Act (Act), an 
additional $300,000 will be specifically used for the purpose of 
conducting a demonstration project in accordance with section 401(c)(6) 
of the Act to determine the efficacy of improving water quality by 
removing metals from eligible waters polluted by acid mine drainage: 
Provided further, That the State of Maryland may set aside the greater 
of $1,000,000 or 10 percent of the total of the grants made available to 
the State under title IV of the Surface Mining Control and Reclamation 
Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the amount set 
aside is deposited in an acid mine drainage abatement and treatment fund 
established under a State law, pursuant to which law the amount 
(together with all interest earned on the amount) is expended by the 
State to undertake acid mine drainage abatement and treatment projects, 
except that before any amounts greater than 10 percent of its title IV 
grants are deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface Mining 
Control and Reclamation Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $1,670,444,000, to remain 
available until September 30, 2001 except as otherwise provided herein, 
of which not to exceed $93,684,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $120,229,000 shall be available for payments to tribes and 
tribal organizations for contract support costs associated with ongoing 
contracts, grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 2000, as authorized by 
such Act, except that tribes and tribal organizations may use their 
tribal priority allocations for unmet indirect costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; and up to $5,000,000 shall be for the 
Indian Self-Determination Fund which shall be available for the 
transitional cost of initial or expanded tribal contracts, grants, 
compacts or cooperative agreements with the Bureau under such Act; and 
of which not to exceed $401,010,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2000, and shall remain available until September 
30, 2001; and of which not to exceed $56,991,000 shall remain available 
until expended for housing improvement, road maintenance, attorney fees, 
litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi 
Settlement Program: Provided, That notwithstanding any other provision 
of law, including but not limited to the Indian Self-Determination Act 
of 1975, as amended, and 25 U.S.C. 2008, not to exceed

[[Page 113 STAT. 1501A-149]]

$42,160,000 within and only from such amounts made available for school 
operations shall be available to tribes and tribal organizations for 
administrative cost grants associated with the operation of Bureau-
funded schools: Provided further, That any forestry funds allocated to a 
tribe which remain unobligated as of September 30, 2001, may be 
transferred during fiscal year 2002 to an Indian forest land assistance 
account established for the benefit of such tribe within the tribe's 
trust fund account: Provided further, That any such unobligated balances 
not so transferred shall expire on September 30, 2002.

                              construction

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $169,884,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for fiscal year 2000, 
in implementing new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to tribally 
controlled grant schools under Public Law 100-297, as amended, the 
Secretary of the Interior shall use the Administrative and Audit 
Requirements and Cost Principles for Assistance Programs contained in 43 
CFR part 12 as the regulatory requirements: Provided further, That such 
grants shall not be subject to section 12.61 of 43 CFR; the Secretary 
and the grantee shall negotiate and determine a schedule of payments for 
the work to be performed: Provided further, That in considering 
applications, the Secretary shall consider whether the Indian tribe or 
tribal organization would be deficient in assuring that the construction 
projects conform to applicable building standards and codes and Federal, 
tribal, or State health and safety standards as required by 25 U.S.C. 
2005(a), with respect to organizational and financial management 
capabilities: Provided further, That if the Secretary declines an 
application, the Secretary shall follow the requirements contained in 25 
U.S.C. 2505(f ): Provided further, That any disputes between the 
Secretary and any grantee concerning a grant shall be subject to the 
disputes provision in 25 U.S.C. 2508(e): Provided further, That 
notwithstanding any other provision of law, collections from the 
settlements between the United States and the Puyallup tribe concerning 
Chief Leschi school are made available for school construction in fiscal 
year 2000 and hereafter.

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $27,256,000, to remain

[[Page 113 STAT. 1501A-150]]

available until expended; of which $25,260,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618 and 102-575, and for implementation of 
other enacted water rights settlements; and of which $1,871,000 shall be 
available pursuant to Public Laws 99-264, 100-383, 103-402 and 100-580.

                 indian guaranteed loan program account

    For the cost of guaranteed loans, $4,500,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $59,682,000.
     In addition, for administrative expenses to carry out the 
guaranteed loan programs, $508,000.

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits, and purchase of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations or pooled 
overhead general administration (except facilities operations and 
maintenance) shall be available for tribal contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs for distribution to other tribes, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the State 
of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term is 
defined in section

[[Page 113 STAT. 1501A-151]]

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), except that 
a charter school that is in existence on the date of the enactment of 
this Act and that has operated at a Bureau-funded school before 
September 1, 1999, may continue to operate during that period, but only 
if the charter school pays to the Bureau a pro-rata share of funds to 
reimburse the Bureau for the use of the real and personal property 
(including buses and vans), the funds of the charter school are kept 
separate and apart from Bureau funds, and the Bureau does not assume any 
obligation for charter school programs of the State in which the school 
is located if the charter school loses such funding. Employees of 
Bureau-funded schools sharing a campus with a charter school and 
performing functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal employees 
for purposes of chapter 171 of title 28, United States Code (commonly 
known as the ``Federal Tort Claims Act''). Not later than June 15, 2000, 
the Secretary of the Interior shall evaluate the effectiveness of 
Bureau-funded schools sharing facilities with charter schools in the 
manner described in the preceding sentence and prepare and submit a 
report on the finding of that evaluation to the Committees on 
Appropriations of the Senate and of the House.
    The Tate Topa Tribal School, the Black Mesa Community School, the 
Alamo Navajo School, and other Bureau-funded schools subject to the 
approval of the Secretary of the Interior, may use prior year school 
operations funds for the replacement or repair of Bureau of Indian 
Affairs education facilities which are in compliance with 25 U.S.C. 
2005(a) and which shall be eligible for operation and maintenance 
support to the same extent as other Bureau of Indian Affairs education 
facilities: Provided, That any additional construction costs for 
replacement or repair of such facilities begun with prior year funds 
shall be completed exclusively with non-Federal funds.

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $70,171,000, of which: 
(1) $66,076,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $4,095,000 shall be 
available for salaries and expenses of the Office of Insular Affairs: 
Provided, That all financial transactions of the territorial and local 
governments herein provided for, including such transactions of all 
agencies or instrumentalities established or used by such governments,

[[Page 113 STAT. 1501A-152]]

may be audited by the General Accounting Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That Public Law 94-241, as amended, is further amended: (1) in 
section 4(b) by striking ``2002'' and inserting ``1999'' and by striking 
the comma after ``$11,000,000 annually'' and inserting the following: 
``and for fiscal year 2000, payments to the Commonwealth of the Northern 
Mariana Islands shall be $5,580,000, but shall return to the level of 
$11,000,000 annually for fiscal years 2001 and 2002. In fiscal year 
2003, the payment to the Commonwealth of the Northern Mariana Islands 
shall be $5,420,000. Such payments shall be''; and (2) in section (4)(c) 
by adding a new subsection as follows: ``(4) for fiscal year 2000, 
$5,420,000 shall be provided to the Virgin Islands for correctional 
facilities and other projects mandated by Federal law.'': Provided 
further, That of the amounts provided for technical assistance, 
sufficient funding shall be made available for a grant to the Close Up 
Foundation: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure in American Samoa, Guam, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the 
Republic of the Marshall Islands, and the Federated States of Micronesia 
through assessments of long-range operations maintenance needs, improved 
capability of local operations and maintenance institutions and agencies 
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to 
be determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                       compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compact of 
Free Association, and for economic assistance and necessary expenses for 
the Republic of Palau as provided for in sections 122, 221, 223, 232, 
and 233 of the Compact of Free Association, $20,545,000, to remain 
available until expended, as authorized by Public Law 99-239 and Public 
Law 99-658.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $62,864,000, of which not to exceed $8,500 may be for official 
reception and representation expenses and of which

[[Page 113 STAT. 1501A-153]]

up to $1,000,000 shall be available for workers compensation payments 
and unemployment compensation payments associated with the orderly 
closure of the United States Bureau of Mines.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $40,196,000.

                       Office of Inspector General

                          salaries and expenses

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$26,086,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $90,025,000, to 
remain available until expended: Provided, That funds for trust 
management improvements may be transferred, as needed, to the Bureau of 
Indian Affairs ``Operation of Indian Programs'' account and to the 
Departmental Management ``Salaries and Expenses'' account: Provided 
further, That funds made available to Tribes and Tribal organizations 
through contracts or grants obligated during fiscal year 2000, as 
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 
et seq.), shall remain available until expended by the contractor or 
grantee: Provided further, That notwithstanding any other provision of 
law, the statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the enactment 
of this Act, concerning losses to or mismanagement of trust funds, until 
the affected tribe or individual Indian has been furnished with an 
accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $1.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the account holder.

                     indian land consolidation pilot

                        indian land consolidation

    For implementation of a pilot program for consolidation of 
fractional interests in Indian lands by direct expenditure or 
cooperative agreement, $5,000,000 to remain available until expended and 
which shall be transferred to the Bureau of Indian Affairs, of

[[Page 113 STAT. 1501A-154]]

which not to exceed $500,000 shall be available for administrative 
expenses: Provided, That the Secretary may enter into a cooperative 
agreement, which shall not be subject to Public Law 93-638, as amended, 
with a tribe having jurisdiction over the pilot reservation to implement 
the program to acquire fractional interests on behalf of such tribe: 
Provided further, That the Secretary may develop a reservation-wide 
system for establishing the fair market value of various types of lands 
and improvements to govern the amounts offered for acquisition of 
fractional interests: Provided further, That acquisitions shall be 
limited to one or more pilot reservations as determined by the 
Secretary: Provided further, That funds shall be available for 
acquisition of fractional interest in trust or restricted lands with the 
consent of its owners and at fair market value, and the Secretary shall 
hold in trust for such tribe all interests acquired pursuant to this 
pilot program: Provided further, That all proceeds from any lease, 
resource sale contract, right-of-way or other transaction derived from 
the fractional interest shall be credited to this appropriation, and 
remain available until expended, until the purchase price paid by the 
Secretary under this appropriation has been recovered from such 
proceeds: Provided further, That once the purchase price has been 
recovered, all subsequent proceeds shall be managed by the Secretary for 
the benefit of the applicable tribe or paid directly to the tribe.

           Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 
(Public Law 101-380), and Public Law 101-337, $5,400,000, to remain 
available until expended.

                        administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft: Provided further, That no programs 
funded with appropriated funds in the ``Departmental Management'', 
``Office of the Solicitor'', and ``Office of Inspector General'' may be 
augmented through the Working Capital Fund or the Consolidated Working 
Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made

[[Page 113 STAT. 1501A-155]]

available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for 
contingency planning subsequent to actual oil spills; for response and 
natural resource damage assessment activities related to actual oil 
spills; for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclamation 
and Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for fire suppression purposes shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection with 
their use for fire suppression purposes, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further, That for emergency rehabilitation and 
wildfire suppression activities, no funds shall be made available under 
this authority until funds appropriated to ``Wildland Fire Management'' 
shall have been exhausted: Provided further, That all funds used 
pursuant to this section are hereby designated by Congress to be 
``emergency requirements'' pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be requested as 
promptly as possible: Provided further, That such replenishment funds 
shall be used to reimburse, on a pro rata basis, accounts from which 
emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized

[[Page 113 STAT. 1501A-156]]

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not 
to exceed $500,000; hire, maintenance, and operation of aircraft; hire 
of passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of 12 months beginning at any time during the 
fiscal year.
    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of northern, 
central, and southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 
be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.

[[Page 113 STAT. 1501A-157]]

    Sec. 112. (a) Employees of Helium Operations, Bureau of Land 
Management, entitled to severance pay under 5 U.S.C. 5595, may apply 
for, and the Secretary of the Interior may pay, the total amount of the 
severance pay to the employee in a lump sum. Employees paid severance 
pay in a lump sum and subsequently reemployed by the Federal Government 
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and 
(3), except that any repayment shall be made to the Helium Fund.
    (b) Helium Operations employees who elect to continue health 
benefits after separation shall be liable for not more than the required 
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund 
shall pay for 18 months the remaining portion of required contributions.
    (c) The Secretary of the Interior may provide for training to assist 
Helium Operations employees in the transition to other Federal or 
private sector jobs during the facility shut-down and disposition 
process and for up to 12 months following separation from Federal 
employment, including retraining and relocation incentives on the same 
terms and conditions as authorized for employees of the Department of 
Defense in section 348 of the National Defense Authorization Act for 
Fiscal Year 1995.
    (d) For purposes of the annual leave restoration provisions of 5 
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and 
other related Helium Program activities shall be deemed to create an 
exigency of public business under, and annual leave that is lost during 
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of 
whether such leave was scheduled in advance) shall be restored to the 
employee and shall be credited and available in accordance with 5 U.S.C. 
6304(d)(2). Annual leave so restored and remaining unused upon the 
transfer of a Helium Program employee to a position of the executive 
branch outside of the Helium Program shall be liquidated by payment to 
the employee of a lump sum from the Helium Fund for such leave.
    (e) Benefits under this section shall be paid from the Helium Fund 
in accordance with section 4(c)(4) of the Helium Privatization Act of 
1996. Funds may be made available to Helium Program employees who are or 
will be separated before October 1, 2002 because of the cessation of 
helium production and sales and other related activities. Retraining 
benefits, including retraining and relocation incentives, may be paid 
for retraining commencing on or before September 30, 2002.
    (f ) This section shall remain in effect through fiscal year 2002.
    Sec. 113. Notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
hereafter funds available to the Department of the Interior for Indian 
self-determination or self-governance contract or grant support costs 
may be expended only for costs directly attributable to contracts, 
grants and compacts pursuant to the Indian Self-Determination Act of 
1975 and hereafter funds appropriated in this title shall not be 
available for any contract support costs or indirect costs associated 
with any contract, grant, cooperative agreement, self-governance compact 
or funding agreement entered into between an Indian tribe or tribal 
organization and any entity other than an agency of the Department of 
the Interior.
    Sec. 114. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a

[[Page 113 STAT. 1501A-158]]

unit. The Secretary may provide for and regulate local non-recreational 
passage through units of the National Park System, allowing each unit to 
develop guidelines and permits for such activity appropriate to that 
unit.
    Sec. 115. Notwithstanding any other provision of law, in fiscal year 
2000 and thereafter, the Secretary is authorized to permit persons, 
firms or organizations engaged in commercial, cultural, educational, or 
recreational activities (as defined in section 612a of title 40, United 
States Code) not currently occupying such space to use courtyards, 
auditoriums, meeting rooms, and other space of the main and south 
Interior building complex, Washington, D.C., the maintenance, operation, 
and protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, and to assess reasonable charges 
therefore, subject to such procedures as the Secretary deems appropriate 
for such uses. Charges may be for the space, utilities, maintenance, 
repair, and other services. Charges for such space and services may be 
at rates equivalent to the prevailing commercial rate for comparable 
space and services devoted to a similar purpose in the vicinity of the 
main and south Interior building complex, Washington, D.C., for which 
charges are being assessed. The Secretary may without further 
appropriation hold, administer, and use such proceeds within the 
Departmental Management Working Capital Fund to offset the operation of 
the buildings under his jurisdiction, whether delegated or otherwise, 
and for related purposes, until expended.
    Sec. 116. Notwithstanding any other provision of law, the Steel 
Industry American Heritage Area, authorized by Public Law 104-333, is 
hereby renamed the Rivers of Steel National Heritage Area.
    Sec. 117. (a) In this section--
            (1) the term ``Huron Cemetery'' means the lands that form 
        the cemetery that is popularly known as the Huron Cemetery, 
        located in Kansas City, Kansas, as described in subsection 
        (b)(3); and
            (2) the term ``Secretary'' means the Secretary of the 
        Interior.

    (b)(1) The Secretary shall take such action as may be necessary to 
ensure that the lands comprising the Huron Cemetery (as described in 
paragraph (3)) are used only in accordance with this subsection.
    (2) The lands of the Huron Cemetery shall be used only--
            (A) for religious and cultural uses that are compatible with 
        the use of the lands as a cemetery; and
            (B) as a burial ground.

    (3) The description of the lands of the Huron Cemetery is as 
follows:
    The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E., 
of the sixth principal meridian, in Wyandotte County, Kansas (as 
surveyed and marked on the ground on August 15, 1888, by William Millor, 
Civil Engineer and Surveyor), described as follows:
            ``Commencing on the Northwest corner of the Northwest 
        Quarter of the Northwest Quarter of said Section 10;
            ``Thence South 28 poles to the `true point of beginning';
            ``Thence South 71 degrees East 10 poles and 18 links;
            ``Thence South 18 degrees and 30 minutes West 28 poles;

[[Page 113 STAT. 1501A-159]]

            ``Thence West 11 and one-half poles;
            ``Thence North 19 degrees 15 minutes East 31 poles and 15 
        feet to the `true point of beginning', containing 2 acres or 
        more.''.

    Sec. 118. Refunds or rebates received on an on-going basis from a 
credit card services provider under the Department of the Interior's 
charge card programs may be deposited to and retained without fiscal 
year limitation in the Departmental Working Capital Fund established 
under 43 U.S.C. 1467 and used to fund management initiatives of general 
benefit to the Department of the Interior's bureaus and offices as 
determined by the Secretary or his designee.
    Sec. 119. Appropriations made in this title under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any available unobligated balances from prior appropriations 
Acts made under the same headings, shall be available for expenditure or 
transfer for Indian trust management activities pursuant to the Trust 
Management Improvement Project High Level Implementation Plan.
    Sec. 120. All properties administered by the National Park Service 
at Fort Baker, Golden Gate National Recreation Area, and leases, 
concessions, permits and other agreements associated with those 
properties, hereafter shall be exempt from all taxes and special 
assessments, except sales tax, by the State of California and its 
political subdivisions, including the County of Marin and the City of 
Sausalito. Such areas of Fort Baker shall remain under exclusive Federal 
jurisdiction.
    Sec. 121. Notwithstanding any provision of law, the Secretary of the 
Interior is authorized to negotiate and enter into agreements and 
leases, without regard to section 321 of chapter 314 of the Act of June 
30, 1932 (40 U.S.C. 303b), with any person, firm, association, 
organization, corporation, or governmental entity for all or part of the 
property within Fort Baker administered by the Secretary as part of 
Golden Gate National Recreation Area. The proceeds of the agreements or 
leases shall be retained by the Secretary and such proceeds shall be 
available, without future appropriation, for the preservation, 
restoration, operation, maintenance and interpretation and related 
expenses incurred with respect to Fort Baker properties.
    Sec. 122. Section 211(d) of division I of the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4110; 
16 U.S.C. 81p) is amended by striking ``depicted on the map dated August 
1993, numbered 333/80031A,'' and inserting ``depicted on the map dated 
August 1996, numbered 333/80031B,''.
    Sec. 123. A grazing permit or lease that expires (or is transferred) 
during fiscal year 2000 shall be renewed under section 402 of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 
1752) or if applicable, section 510 of the California Desert Protection 
Act (16 U.S.C. 410aaa-50). The terms and conditions contained in the 
expiring permit or lease shall continue in effect under the new permit 
or lease until such time as the Secretary of the Interior completes 
processing of such permit or lease in compliance with all applicable 
laws and regulations, at which time such permit or lease may be 
canceled, suspended or modified, in whole or in part, to meet the 
requirements of

[[Page 113 STAT. 1501A-160]]

such applicable laws and regulations. Nothing in this section shall be 
deemed to alter the Secretary's statutory authority.
    Sec. 124. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 10 of 
title 25, United States Code, are deemed satisfied by a proceeding 
conducted by an Indian probate judge, appointed by the Secretary without 
regard to the provisions of title 5, United States Code, governing the 
appointments in the competitive service, for such period of time as the 
Secretary determines necessary: Provided, That the Secretary may only 
appoint such Indian probate judges if, by January 1, 2000, the Secretary 
is unable to secure the services of at least 10 qualified Administrative 
Law Judges on a temporary basis from other agencies and/or through 
appointing retired Administrative Law Judges: Provided further, That the 
basic pay of an Indian probate judge so appointed may be fixed by the 
Secretary without regard to the provisions of chapter 51, and subchapter 
III of chapter 53 of title 5, United States Code, governing the 
classification and pay of General Schedule employees, except that no 
such Indian probate judge may be paid at a level which exceeds the 
maximum rate payable for the highest grade of the General Schedule, 
including locality pay.
    Sec. 125. (a) Loan To Be Granted.--Notwithstanding any other 
provision of law or of this Act, the Secretary of the Interior 
(hereinafter the ``Secretary''), in consultation with the Secretary of 
the Treasury, shall make available to the Government of American Samoa 
(hereinafter ``ASG''), the benefits of a loan in the amount of 
$18,600,000 bearing interest at a rate equal to the United States 
Treasury cost of borrowing for obligations of similar duration. 
Repayment of the loan shall be secured and accomplished pursuant to this 
section with funds, as they become due and payable to ASG from the 
Escrow Account established under the terms and conditions of the Tobacco 
Master Settlement Agreement (and the subsequent Enforcing Consent 
Decree) (hereinafter collectively referred to as ``the Agreement'') 
entered into by the parties November 23, 1998, and judgment granted by 
the High Court of American Samoa on January 5, 1999 (Civil Action 119-
98, American Samoa Government v. Philip Morris Tobacco Co., et. al.).
    (b) Conditions Regarding Loan Proceeds.--Except as provided under 
subsection (e), no proceeds of the loan described in this section shall 
become available until ASG--
            (1) has enacted legislation, or has taken such other or 
        additional official action as the Secretary may deem 
        satisfactory to secure and ensure repayment of the loan, 
        irrevocably transferring and assigning for payment to the 
        Department of the Interior (or to the Department of the 
        Treasury, upon agreement between the Secretaries of such 
        departments) all amounts due and payable to ASG under the terms 
        and conditions of the Agreement for a period of 26 years with 
        the first payment beginning in 2000, such repayment to be 
        further secured by a pledge of the full faith and credit of ASG;
            (2) has entered into an agreement or memorandum of 
        understanding described in subsection (c) with the Secretary 
        identifying with specificity the manner in which approximately 
        $14,300,000 of the loan proceeds will be used to pay debts of 
        ASG incurred prior to April 15, 1999; and

[[Page 113 STAT. 1501A-161]]

            (3) has provided to the Secretary an initial plan of fiscal 
        and managerial reform as described in subsection (d) designed to 
        bring the ASG's annual operating expenses into balance with 
        projected revenues for the years 2003 and beyond, and 
        identifying the manner in which approximately $4,300,000 of the 
        loan proceeds will be utilized to facilitate implementation of 
        the plan.

    (c) Procedure and Priorities for Debt Payments.--
            (1) In structuring the agreement or memorandum of 
        understanding identified in subsection (b)(2), the ASG and the 
        Secretary shall include provisions, which create priorities for 
        the payment of creditors in the following order--
                    (A) debts incurred for services, supplies, 
                facilities, equipment and materials directly connected 
                with the provision of health, safety and welfare 
                functions for the benefit of the general population of 
                American Samoa (including, but not limited to, health 
                care, fire and police protection, educational programs 
                grades K-12, and utility services for facilities 
                belonging to or utilized by ASG and its agencies), 
                wherein the creditor agrees to compromise and settle the 
                existing debt for a payment not exceeding 75 percent of 
                the amount owed, shall be given the highest priority for 
                payment from the loan proceeds under this section;
                    (B) debts not exceeding a total amount of $200,000 
                owed to a single provider and incurred for any 
                legitimate governmental purpose for the benefit of the 
                general population of American Samoa, wherein the 
                creditor agrees to compromise and settle the existing 
                debt for a payment not exceeding 70 percent of the 
                amount owed, shall be given the second highest priority 
                for payment from the loan proceeds under this section;
                    (C) debts exceeding a total amount of $200,000 owed 
                to a single provider and incurred for any legitimate 
                governmental purpose for the benefit of the general 
                population of American Samoa, wherein the creditor 
                agrees to compromise and settle the existing debt for a 
                payment not exceeding 65 percent of the amount owed, 
                shall be given the third highest priority for payment 
                from the loan proceeds under this section;
                    (D) other debts regardless of total amount owed or 
                purpose for which incurred, wherein the creditor agrees 
                to compromise and settle the existing debt for a payment 
                not exceeding 60 percent of the amount owed, shall be 
                given the fourth highest priority for payment from the 
                loan proceeds under this section;
                    (E) debts described in subparagraphs (A), (B), (C), 
                and (D) of this paragraph, wherein the creditor declines 
                to compromise and settle the debt for the percentage of 
                the amount owed as specified under the applicable 
                subparagraph, shall be given the lowest priority for 
                payment from the loan proceeds under this section.
            (2) The agreement described in subsection (b)(2) shall also 
        generally provide a framework whereby the Governor of American 
        Samoa shall, from time-to-time, be required to give 10 business 
        days notice to the Secretary that ASG will make payment in 
        accordance with this section to specified creditors and the 
        amount which will be paid to each of such creditors.

[[Page 113 STAT. 1501A-162]]

        Upon issuance of payments in accordance with the notice, the 
        Governor shall immediately confirm such payments to the 
        Secretary, and the Secretary shall within three business days 
        following receipt of such confirmation transfer from the loan 
        proceeds an amount sufficient to reimburse ASG for the payments 
        made to creditors.
            (3) The agreement may contain such other provisions as are 
        mutually agreeable, and which are calculated to simplify and 
        expedite the payment of existing debt under this section and 
        ensure the greatest level of compromise and settlement with 
        creditors in order to maximize the retirement of ASG debt.

    (d) Fiscal and Managerial Reform Program.--
            (1) The initial plan of fiscal and managerial reform, 
        designed to bring ASG's annual operating expenses into balance 
        with projected revenues for the years 2003 and beyond as 
        required under subsection (b)(3), should identify specific 
        measures which will be implemented by ASG to accomplish such 
        goal, the anticipated reduction in government operating expense 
        which will be achieved by each measure, and should include a 
        timetable for attainment of each reform measure identified 
        therein.
            (2) The initial plan should also identify with specificity 
        the manner in which approximately $4,300,000 of the loan 
        proceeds will be utilized to assist in meeting the reform plan's 
        targets within the timetable specified through the use of 
        incentives for early retirement, severance pay packages, 
        outsourcing services, or any other expenditures for program 
        elements reasonably calculated to result in reduced future 
        operating expenses for ASG on a long term basis.
            (3) Upon receipt of the initial plan, the Secretary shall 
        consult with the Governor of American Samoa, and shall make any 
        recommendations deemed reasonable and prudent to ensure the 
        goals of reform are achieved. The reform plan shall contain 
        objective criteria that can be documented by a competent third 
        party, mutually agreeable to the Governor and the Secretary. The 
        plan shall include specific targets for reducing the amounts of 
        ASG local revenues expended on government payroll and overhead 
        (including contracts for consulting services), and may include 
        provisions which allow modest increases in support of the LBJ 
        Hospital Authority reasonably calculated to assist the Authority 
        implement reforms which will lead to an independent audit 
        indicating annual expenditures at or below annual Authority 
        receipts.
            (4) The Secretary shall enter into an agreement with the 
        Governor similar to that specified in subsection (c)(2) of this 
        section, enabling ASG to make payments as contemplated in the 
        reform plan and then to receive reimbursement from the Secretary 
        out of the portion of loan proceeds allocated for the 
        implementation of fiscal reforms.
            (5) Within 60 days following receipt of the initial plan, 
        the Secretary shall approve an interim final plan reasonably 
        calculated to make substantial progress toward overall reform. 
        The Secretary shall provide copies of the plan, and any 
        subsequent modifications, to the House Committee on Resources, 
        the House Committee on Appropriations Subcommittee on the 
        Department of the Interior and Related Agencies, the Senate

[[Page 113 STAT. 1501A-163]]

        Committee on Energy and Natural Resources, and the Senate 
        Committee on Appropriations Subcommittee on the Department of 
        the Interior and Related Agencies.
            (6) From time-to-time as deemed necessary, the Secretary 
        shall consult further with the Governor of American Samoa, and 
        shall approve such mutually agreeable modifications to the 
        interim final plan as circumstances warrant in order to achieve 
        the overall goals of ASG fiscal and managerial reforms.

    (e) Release of Loan Proceeds.--From the total proceeds of the loan 
described in this section, the Secretary shall make available--
            (1) upon compliance by ASG with paragraphs (b)(1) and (b)(2) 
        of this section and in accordance with subsection (c), 
        approximately $14,300,000 in reimbursements as requested from 
        time-to-time by the Governor for payments to creditors;
            (2) upon compliance by ASG with paragraphs (b)(1) and (b)(3) 
        of this section and in accordance with subsection (d), 
        approximately $4,300,000 in reimbursements as requested from 
        time-to-time by the Governor for payments associated with 
        implementation of the interim final reform plan; and
            (3) notwithstanding paragraphs (1) and (2) of this 
        subsection, at any time the Secretary and the Governor mutually 
        determine that the amount necessary to fund payments under 
        paragraph (2) will total less than $4,300,000 then the Secretary 
        may approve the amount of any unused portion of such sum for 
        additional payments against ASG debt under paragraph (1).

    (f ) Exception.-- Proceeds from the loan under this section shall be 
used solely for the purposes of debt payments and reform plan 
implementation as specified herein, except that the Secretary may 
provide an amount equal to not more than 2 percent of the total loan 
proceeds for the purpose of retaining the services of an individual or 
business entity to provide direct assistance and management expertise in 
carrying out the purposes of this section. Such individual or business 
entity shall be mutually agreeable to the Governor and the Secretary, 
may not be a current or former employee of, or contractor for, and may 
not be a creditor of ASG. Notwithstanding the preceding two sentences, 
the Governor and the Secretary may agree to also retain the services of 
any semi-autonomous agency of ASG which has established a record of 
sound management and fiscal responsibility, as evidenced by audited 
financial reports for at least three of the past 5 years, to coordinate 
with and assist any individual or entity retained under this subsection.
    (g) Construction.--The provisions of this section are expressly 
applicable only to the utilization of proceeds from the loan described 
in this section, and nothing herein shall be construed to relieve ASG 
from any lawful debt or obligation except to the extent a creditor shall 
voluntarily enter into an arms length agreement to compromise and settle 
outstanding amounts under subsection (c).
    (h) Termination.--The payment of debt and the payments associated 
with implementation of the interim final reform plan shall be completed 
not later than October 1, 2003. On such date, any unused loan proceeds 
totaling $1,000,000 or less shall be transferred by the Secretary 
directly to ASG. If the amount of unused

[[Page 113 STAT. 1501A-164]]

loan proceeds exceeds $1,000,000, then such amount shall be credited to 
the total of loan repayments specified in paragraph (b)(1). With 
approval of the Secretary, ASG may designate additional payments from 
time-to-time from funds available from any source, without regard to the 
original purpose of such funds.
    Sec. 126. The Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service and in consultation with 
the Director of the National Park Service, shall undertake the necessary 
activities to designate Midway Atoll as a National Memorial to the 
Battle of Midway. In pursuing such a designation the Secretary shall 
consult with organizations with an interest in Midway Atoll. The 
Secretary shall consult on a regular basis with such organizations, 
including the International Midway Memorial Foundation, Inc. on the 
management of the National Memorial.
    Sec. 127. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2000. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.
    Sec. 128. None of the Funds provided in this Act shall be available 
to the Bureau of Indian Affairs or the Department of the Interior to 
transfer land into trust status for the Shoalwater Bay Indian Tribe in 
Clark County, Washington, unless and until the tribe and the county 
reach a legally enforceable agreement that addresses the financial 
impact of new development on the county, school district, fire district, 
and other local governments and the impact on zoning and development.
    Sec. 129. None of the funds provided in this Act may be used by the 
Department of the Interior to implement the provisions of Principle 
3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled 
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, 
and the Endangered Species Act''.
    Sec. 130. Of the funds appropriated in title V of the Fiscal Year 
1998 Interior and Related Agencies Appropriation Act, Public Law 105-83, 
the Secretary shall provide up to $2,000,000 in the form of a grant to 
the Fairbanks North Star Borough for acquisition of undeveloped parcels 
along the banks of the Chena River for the purpose of establishing an 
urban greenbelt within the Borough. The Secretary shall further provide 
from the funds appropriated in title V up to $1,000,000 in the form of a 
grant to the Municipality of Anchorage for the acquisition of 
approximately 34 acres of wetlands adjacent to a municipal park in 
Anchorage (the Jewel Lake Wetlands).
    Sec. 131. Funding for the Ottawa National Wildlife Refuge and 
Certain Projects in the State of Ohio. Notwithstanding any other 
provision of law, from the unobligated balances appropriated for a grant 
to the State of Ohio for the acquisition of the Howard Farm near Metzger 
Marsh, Ohio--
            (1) $500,000 shall be derived by transfer and made available 
        for the acquisition of land in the Ottawa National Wildlife 
        Refuge;

[[Page 113 STAT. 1501A-165]]

            (2) $302,000 shall be derived by transfer and made available 
        for the Dayton Aviation Heritage Commission, Ohio; and
            (3) $198,000 shall be derived by transfer and made available 
        for a grant to the State of Ohio for the preservation and 
        restoration of the birthplace, boyhood home, and schoolhouse of 
        Ulysses S. Grant.

    Sec. 132. Conveyance to Nye County, Nevada. (a) Definitions.--In 
this section:
            (1) County.--The term ``County'' means Nye County, Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.

    (b) Parcels Conveyed for Use of the Nevada Science and Technology 
Center.--
            (1) In general.--The Secretary shall convey to the County, 
        subject to the requirements of 43 U.S.C. 869 and subject to 
        valid existing rights, all right, title, and interest in and to 
        the parcels of public land described in paragraph (2). Such 
        conveyance shall be made at a price determined to be appropriate 
        for the conveyance of land for educational facilities under the 
        Act of June 14, 1926 (43 U.S.C. 869 et seq.) and in accordance 
        with the Bureau of Land Management Document entitled 
        ``Recreation and Public Purposes Act'', dated October 1994, 
        under the category of Special Pricing Program Uses for 
        Governmental Entities.
            (2) Land description.--The parcels of public land referred 
        to in paragraph (1) are the following:
                    (A) The portion of Sec. 13 north of United States 
                Route 95, T. 15 S., R. 49 E., Mount Diablo Meridian, 
                Nevada.
                    (B) In Sec. 18, T. 15 S., R. 50 E., Mount Diablo 
                Meridian, Nevada:
                          (i) W \1/2\ W \1/2\ NW \1/4\.
                          (ii) The portion of the W \1/2\ W \1/2\ SW \1/
                      4\ north of United States Route 95.
            (3) Use.--
                    (A) In general.--The parcels described in paragraph 
                (2) shall be used for the construction and operation of 
                the Nevada Science and Technology Center as a nonprofit 
                museum and exposition center, and related facilities and 
                activities.
                    (B) Reversion.--The conveyance of any parcel 
                described in paragraph (2) shall be subject to reversion 
                to the United States, at the discretion of Secretary, if 
                the parcel is used for a purpose other than that 
                specified in subparagraph (A).

    (c) Parcels Conveyed for Other Use for a Commercial Purpose.--
            (1) Right to purchase.--For a period of 5 years beginning on 
        the date of the enactment of this Act, the County shall have the 
        exclusive right to purchase the parcels of public land described 
        in paragraph (2) for the fair market value of the parcels, as 
        determined by the Secretary.
            (2) Land description.--The parcels of public land referred 
        to in paragraph (1) are the following parcels in Sec. 18, T. 15 
        S., R. 50 E., Mount Diablo Meridian, Nevada:
                    (A) E \1/2\ NW \1/4\.

[[Page 113 STAT. 1501A-166]]

                    (B) E \1/2\ W \1/2\ NW \1/4\.
                    (C) The portion of the E \1/2\ SW \1/4\ north of 
                United States Route 95.
                    (D) The portion of the E \1/2\ W \1/2\ SW \1/4\ 
                north of United States Route 95.
                    (E) The portion of the SE \1/4\ north of United 
                States Route 95.
            (3) Use of proceeds.--Proceeds of a sale of a parcel 
        described in paragraph (2)--
                    (A) shall be deposited in the special account 
                established under section 4(e)(1)(C) of the Southern 
                Nevada Public Land Management Act of 1998 (112 Stat. 
                2345); and
                    (B) shall be available for use by the Secretary--
                          (i) to reimburse costs incurred by the local 
                      offices of the Bureau of Land Management in 
                      arranging the land conveyances directed by this 
                      Act; and
                          (ii) as provided in section 4(e)(3) of that 
                      Act (112 Stat. 2346).

    Sec. 133. Conveyance of Land to City of Mesquite, Nevada. Section 3 
of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202) is amended by 
adding at the end the following:
    ``(e) Fifth Area.--
            ``(1) Right to purchase.--
                    ``(A) In general.--For a period of 12 years after 
                the date of the enactment of this Act, the City of 
                Mesquite, Nevada, subject to all appropriate 
                environmental reviews, including compliance with the 
                National Environmental Policy Act and the Endangered 
                Species Act, shall have the exclusive right to purchase 
                the parcels of public land described in paragraph (2).
                    ``(B) Applicability.--Subparagraph (A) shall apply 
                to a parcel of land described in paragraph (2) that has 
                not been identified for disposal in the 1998 Bureau of 
                Land Management Las Vegas Resource Management Plan only 
                if the conveyance is made under subsection (f ).
            ``(2) Land description.--The parcels of public land referred 
        to in paragraph (1) are as follows:
                    ``(A) In T. 13 S., R. 70 E., Mount Diablo Meridian, 
                Nevada:
                          ``(i) The portion of sec. 27 north of 
                      Interstate Route 15.
                          ``(ii) Sec. 28: NE \1/4\, S \1/2\ (except the 
                      Interstate Route 15 right-of-way).
                          ``(iii) Sec. 29: E \1/2\ NE \1/4\ SE \1/4\, SE 
                      \1/4\ SE \1/4\.
                          ``(iv) The portion of sec. 30 south of 
                      Interstate Route 15.
                          ``(v) The portion of sec. 31 south of 
                      Interstate Route 15.
                          ``(vi) Sec. 32: NE \1/4\ NE \1/4\ (except the 
                      Interstate Route 15 right-of-way), the portion of 
                      NW \1/4\ NE \1/4\ south of Interstate Route 15, 
                      and the portion of W \1/2\ south of Interstate 
                      Route 15.
                          ``(vii) The portion of sec. 33 north of 
                      Interstate Route 15.
                    ``(B) In T. 13 S., R. 69 E., Mount Diablo Meridian, 
                Nevada:

[[Page 113 STAT. 1501A-167]]

                          ``(i) The portion of sec. 25 south of 
                      Interstate Route 15.
                          ``(ii) The portion of sec. 26 south of 
                      Interstate Route 15.
                          ``(iii) The portion of sec. 27 south of 
                      Interstate Route 15.
                          ``(iv) Sec. 28: SW \1/4\ SE \1/4\.
                          ``(v) Sec. 33: E \1/2\.
                          ``(vi) Sec. 34.
                          ``(vii) Sec. 35.
                          ``(viii) Sec. 36.
            ``(3) Notification.--Not later than 10 years after the date 
        of the enactment of this subsection, the city shall notify the 
        Secretary which of the parcels of public land described in 
        paragraph (2) the city intends to purchase.
            ``(4) Conveyance.--Not later than 1 year after receiving 
        notification from the city under paragraph (3), the Secretary 
        shall convey to the city the land selected for purchase.
            ``(5) Withdrawal.--Subject to valid existing rights, until 
        the date that is 12 years after the date of the enactment of 
        this subsection, the parcels of public land described in 
        paragraph (2) are withdrawn from all forms of entry and 
        appropriation under the public land laws, including the mining 
        laws, and from operation of the mineral leasing and geothermal 
        leasing laws.
            ``(6) Use of proceeds.--The proceeds of the sale of each 
        parcel--
                    ``(A) shall be deposited in the special account 
                established under section 4(e)(1)(C) of the Southern 
                Nevada Public Land Management Act of 1998 (112 Stat. 
                2345); and
                    ``(B) shall be available for use by the Secretary--
                          ``(i) to reimburse costs incurred by the local 
                      offices of the Bureau of Land Management in 
                      arranging the land conveyances directed by this 
                      Act; and
                          ``(ii) as provided in section 4(e)(3) of that 
                      Act (112 Stat. 2346).

    ``(f ) Sixth Area.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this subsection, the Secretary shall convey to 
        the City of Mesquite, Nevada, in accordance with section 47125 
        of title 49, United States Code, and subject to all appropriate 
        environmental reviews, including compliance with the National 
        Environmental Policy Act and the Endangered Species Act, up to 
        2,560 acres of public land to be selected by the city from among 
        the parcels of land described in paragraph (2).
            ``(2) Land description.--The parcels of land referred to in 
        paragraph (1) are as follows:
                    ``(A) In T. 13 S., R. 69 E., Mount Diablo Meridian, 
                Nevada:
                          ``(i) The portion of sec. 28 south of 
                      Interstate Route 15 (except S \1/2\ SE \1/4\).
                          ``(ii) The portion of sec. 29 south of 
                      Interstate Route 15.
                          ``(iii) The portion of sec. 30 south of 
                      Interstate Route 15.

[[Page 113 STAT. 1501A-168]]

                          ``(iv) The portion of sec. 31 south of 
                      Interstate Route 15.
                          ``(v) Sec. 32.
                          ``(vi) Sec. 33: W \1/2\.
                    ``(B) In T. 14 S., R. 69 E., Mount Diablo Meridian, 
                Nevada:
                          ``(i) Sec. 4.
                          ``(ii) Sec. 5.
                          ``(iii) Sec. 6.
                          ``(iv) Sec. 8.
                    ``(C) In T. 14 S., R. 68 E., Mount Diablo Meridian, 
                Nevada:
                          ``(i) Sec. 1.
                          ``(ii) Sec. 12.
            ``(3) Withdrawal.--Subject to valid existing rights, until 
        the date that is 12 years after the date of the enactment of 
        this subsection, the parcels of public land described in 
        paragraph (2) are withdrawn from all forms of entry and 
        appropriation under the public land laws, including the mining 
        laws, and from operation of the mineral leasing and geothermal 
        leasing laws.
            ``(4) If the land conveyed pursuant to this section is not 
        utilized by the city as an airport, it shall revert to the 
        United States, at the option of the Secretary.
            ``(5) Nothing in this section shall preclude the Secretary 
        from applying appropriate terms and conditions as identified by 
        the required environmental review to any conveyance made under 
        this section.''.

    Sec. 134. Quadricentennial Commemoration of the Saint Croix Island 
International Historic Site. (a) Findings.--The Senate finds that--
            (1) in 1604, one of the first European colonization efforts 
        was attempted at St. Croix Island in Calais, Maine;
            (2) St. Croix Island settlement predated both the Jamestown 
        and Plymouth colonies;
            (3) St. Croix Island offers a rare opportunity to preserve 
        and interpret early interactions between European explorers and 
        colonists and Native Americans;
            (4) St. Croix Island is one of only two international 
        historic sites comprised of land administered by the National 
        Park Service;
            (5) the quadricentennial commemorative celebration honoring 
        the importance of the St. Croix Island settlement to the 
        countries and people of both Canada and the United States is 
        rapidly approaching;
            (6) the 1998 National Park Service management plans and 
        long-range interpretive plan call for enhancing visitor 
        facilities at both Red Beach and downtown Calais;
            (7) in 1982, the Department of the Interior and Canadian 
        Department of the Environment signed a memorandum of 
        understanding to recognize the international significance of St. 
        Croix Island and, in an amendment memorandum, agreed to conduct 
        joint strategic planning for the international commemoration 
        with a special focus on the 400th anniversary of settlement in 
        2004;

[[Page 113 STAT. 1501A-169]]

            (8) the Department of Canadian Heritage has installed 
        extensive interpretive sites on the Canadian side of the border; 
        and
            (9) current facilities at Red Beach and Calais are extremely 
        limited or nonexistent for a site of this historic and cultural 
        importance.

    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) using funds made available by this Act, the National 
        Park Service should expeditiously pursue planning for exhibits 
        at Red Beach and the town of Calais, Maine; and
            (2) the National Park Service should take what steps are 
        necessary, including consulting with the people of Calais, to 
        ensure that appropriate exhibits at Red Beach and the town of 
        Calais are completed by 2004.

    Sec. 135. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 136. None of the funds appropriated or otherwise made available 
in this Act or any other provision of law, may be used by any officer, 
employee, department or agency of the United States to impose or require 
payment of an inspection fee in connection with the export of shipments 
of fur-bearing wildlife containing 1,000 or fewer raw, crusted, salted 
or tanned hides or fur skins, or separate parts thereof, including 
species listed under the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora done at Washington, March 3, 1973 (27 
UST 1027): Provided, That this provision shall for the duration of the 
calendar year in which the shipment occurs, not apply to any person who 
ships more than 2,500 of such hides, fur skins or parts thereof during 
the course of such year.
    Sec. 137. (a) The Secretary of the Interior shall during fiscal year 
2000 reorganize and consolidate the Bureau of Indian Affairs' management 
and administrative functions based on the recommendations of the 
National Academy of Public Administration.
    (b) Bureau of Indian Affairs employees in Central Office West 
divisions that are moved due to the implementation of the National 
Academy of Public Administration recommendations, who voluntarily resign 
or retire from the Bureau of Indian Affairs on or before December 31, 
1999, may receive, from the Bureau of Indian Affairs, a lump sum 
voluntary separation incentive payment that shall be equal to the lesser 
of an amount equal to the amount the employee would be entitled to 
receive under section 5595(c) of title 5, United States Code, if the 
employee were entitled to payment under such section; or $25,000.
            (1) The voluntary separation incentive payment--
                    (A) shall not be a basis for payment, and shall not 
                be included in the computation of any other type of 
                Government benefit; and
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employee.
            (2) Employees receiving a voluntary separation incentive 
        payment and accepting employment with the Federal Government 
        within 5 years of the date of separation shall be required to 
        repay the entire amount of the incentive payment to the Bureau 
        of Indian Affairs.

[[Page 113 STAT. 1501A-170]]

            (3) The Secretary may, at the request of the head of an 
        executive branch agency, waive the repayment under paragraph (2) 
        if the individual involved possesses unique abilities and is the 
        only qualified applicant available for the position.
            (4) In addition to any other payment which is required to be 
        made under subchapter III of chapter 83 of title 5, United 
        States Code, the Bureau of Indian Affairs shall remit to the 
        Office of Personnel Management for deposit in the Treasury of 
        the United States to the credit of the Civil Service Retirement 
        and Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the Bureau of Indian Affairs to 
        whom a voluntary separation incentive payment has been or is to 
        be paid under the provisions of this section.

    (c) Employees of the Bureau of Indian Affairs, in Central Office 
West divisions that are moved due to the implementation of the National 
Academy of Public Administration recommendations and who are entitled to 
severance pay under 5 U.S.C. 5595, may apply for, and the Bureau of 
Indian Affairs may pay, the total amount of severance pay to the 
employee in a lump sum. Employees paid severance pay in a lump sum and 
subsequently reemployed by the Federal Government shall be subject to 
the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any 
repayment shall be made to the Bureau of Indian Affairs.
    (d) Employees of the Bureau of Indian Affairs, in Central Office 
West divisions that are moved due to the implementation of the National 
Academy of Public Administration recommendations and who voluntarily 
resign on or before December 31, 1999, or who are separated, shall be 
liable for not more than the required employee contribution under 5 
U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after 
separation. The Bureau of Indian Affairs shall pay for 12 months the 
remaining portion of required contributions.
    Sec. 138. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands from the Haines Borough, 
Alaska, consisting of approximately 20 acres, more or less, in four 
tracts identified for this purpose by the Borough, and contained in an 
area formerly known as ``Duncan's Camp''; the Secretary shall use 
$340,000 previously allocated from funds appropriated for the Department 
of the Interior for fiscal year 1998 for acquisition of lands; the 
Secretary is authorized to convey in fee all land and interests in land 
acquired pursuant to this section without compensation to the heirs of 
Peter Duncan in settlement of a claim filed by them against the United 
States: Provided, That the Secretary shall not convey the lands acquired 
pursuant to this section unless and until a signed release of all claims 
is executed.
    Sec. 139. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2000 shall be allocated among the 
schools proportionate to the unmet need of the schools as determined by 
the Postsecondary Funding Formula adopted by the Office of Indian 
Education Programs.
    Sec. 140. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further

[[Page 113 STAT. 1501A-171]]

appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 141. None of the funds made available by this Act shall be used 
to issue a notice of final rulemaking with respect to the valuation of 
crude oil for royalty purposes until March 15, 2000. The rulemaking must 
be consistent with existing statutory requirements.
    Sec. 142. Extension of Authority for Establishment of Thomas Paine 
Memorial. (a) In General.--Public Law 102-407 (40 U.S.C. 1003 note; 106 
Stat. 1991) is amended by adding at the end the following:

``SEC. 4. EXPIRATION OF AUTHORITY.

    ``Notwithstanding the time period limitation specified in section 
10(b) of the Commemorative Works Act (40 U.S.C. 1010(b)) or any other 
provision of law, the authority for the Thomas Paine National Historical 
Association to establish a memorial to Thomas Paine in the District of 
Columbia under this Act shall expire on December 31, 2003.''.
    (b) Conforming Amendments.--
            (1) Applicable law.--Section 1(b) of Public Law 102-407 (40 
        U.S.C. 1003 note; 106 Stat. 1991) is amended by striking ``The 
        establishment'' and inserting ``Except as provided in section 4, 
        the establishment''.
            (2) Expiration of authority.--Section 3 of Public Law 102-
        407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended--
                    (A) by striking ``or upon expiration of the 
                authority for the memorial under section 10(b) of that 
                Act,'' and inserting ``or on expiration of the authority 
                for the memorial under section 4,''; and
                    (B) by striking ``section 8(b)(1) of that Act'' and 
                inserting ``section 8(b)(1) of the Commemorative Works 
                Act (40 U.S.C. 1008(b)(1))''.

    Sec. 143. Use of National Park Service Transportation Service 
Contract Fees. Section 412 of the National Parks Omnibus Management Act 
of 1998 (16 U.S.C. 5961) is amended--
            (1) by inserting ``(a) In General.--'' before 
        ``Notwithstanding''; and
            (2) by adding at the end the following:

    ``(b) Obligation of Funds.--Notwithstanding any other provision of 
law, with respect to a service contract for the provision solely of 
transportation services at Zion National Park, the Secretary may 
obligate the expenditure of fees received in fiscal year 2000 under 
section 501 before the fees are received.''.
    Sec. 144. Extension of Deadline for Red Rock Canyon National 
Conservation Area. (a) In General.--Section 3(c)(1) of Public Law 103-
450 (108 Stat. 4767) is amended by striking ``the date 5 years after the 
date of enactment of this Act'' and inserting ``May 2, 2000''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on November 1, 1999.
    Sec. 145. National Park Passport Program. Section 603(c)(1) of the 
National Park Omnibus Management Act of 1998 (16 U.S.C. 5993(c)(1)) is 
amended by striking ``10'' and inserting ``15''.

[[Page 113 STAT. 1501A-172]]

                       TITLE II--RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $202,700,000, to remain available until expended.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, cooperative forestry, and 
education and land conservation activities, $202,534,000, to remain 
available until expended, as authorized by law.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, and for administrative expenses associated with 
the management of funds provided under the headings ``Forest and 
Rangeland Research'', ``State and Private Forestry'', ``National Forest 
System'', ``Wildland Fire Management'', ``Reconstruction and 
Maintenance'', and ``Land Acquisition'', $1,269,504,000, to remain 
available until expended, which shall include 50 percent of all moneys 
received during prior fiscal years as fees collected under the Land and 
Water Conservation Fund Act of 1965, as amended, in accordance with 
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated 
balances available at the start of fiscal year 2000 shall be displayed 
by extended budget line item in the fiscal year 2001 budget 
justification.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
and for emergency rehabilitation of burned-over National Forest System 
lands and water, $561,354,000, to remain available until expended: 
Provided, That such funds are available for repayment of advances from 
other appropriations accounts previously transferred for such purposes: 
Provided further, That not less than 50 percent of any unobligated 
balances remaining (exclusive of amounts for hazardous fuels reduction) 
at the end of fiscal year 1999 shall be transferred, as repayment for 
past advances that have not been repaid, to the fund established 
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.): 
Provided further, That notwithstanding any other provision of law, up to 
$4,000,000 of funds appropriated under this appropriation may be used 
for Fire Science Research in support of the Joint Fire Science Program: 
Provided further, That all authorities for the use of funds, including 
the use of contracts, grants, and cooperative agreements, available to 
execute the Forest Service and Rangeland

[[Page 113 STAT. 1501A-173]]

Research appropriation, are also available in the utilization of these 
funds for Fire Science Research.
    For an additional amount to cover necessary expenses for emergency 
rehabilitation, presuppression due to emergencies, and wildfire 
suppression activities of the Forest Service, $90,000,000, to remain 
available until expended: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That these funds shall be available only to 
the extent an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                     reconstruction and maintenance

    For necessary expenses of the Forest Service, not otherwise provided 
for, $398,927,000, to remain available until expended for construction, 
reconstruction, maintenance and acquisition of buildings and other 
facilities, and for construction, reconstruction, repair and maintenance 
of forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up to 
$15,000,000 of the funds provided herein for road maintenance shall be 
available for the decommissioning of roads, including unauthorized roads 
not part of the transportation system, which are no longer needed: 
Provided further, That no funds shall be expended to decommission any 
system road until notice and an opportunity for public comment has been 
provided on each decommissioning project: Provided further, That any 
unobligated balances of amounts previously appropriated to the Forest 
Service ``Reconstruction and Construction'' account as well as any 
unobligated balances remaining in the ``National Forest System'' account 
for the facility maintenance and trail maintenance extended budget line 
items at the end of fiscal year 1999 may be transferred to and merged 
with the ``Reconstruction and Maintenance'' account.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $79,575,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended, of which not to exceed $40,000,000 may be available for the 
acquisition of lands or interests within the tract known as the Baca 
Location No. 1 in New Mexico only upon: (1) the enactment of legislation 
authorizing the acquisition of lands, or interests in lands, within such 
tract; (2) completion of a review, not to exceed 90 days, by the 
Comptroller General of the United States of an appraisal conforming with 
the Uniform Appraisal Standards for Federal Land Acquisition of all 
lands and interests therein to be acquired by the United States; and (3) 
submission of the Comptroller General's review of such appraisal to the 
Committee on Resources of the House of Representatives, the Committee on 
Energy and Natural Resources of the Senate,

[[Page 113 STAT. 1501A-174]]

and the Committees on Appropriations of the House and Senate: Provided, 
That subject to valid existing rights, all federally-owned lands and 
interests in lands within the New World Mining District comprising 
approximately 26,223 acres, more or less, which are described in a 
Federal Register notice dated August 19, 1997 (62 Fed. Reg. 44136-
44137), are hereby withdrawn from all forms of entry, appropriation, and 
disposal under the public land laws, and from location, entry and patent 
under the mining laws, and from disposition under all mineral and 
geothermal leasing laws.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities pursuant to the Act of 
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until 
expended.

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 110 passenger 
motor vehicles of which 15 will be used primarily for law enforcement 
purposes and of which 109 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
operation and maintenance of aircraft, the purchase of not to exceed 
three for replacement only, and acquisition of sufficient aircraft from 
excess sources to maintain the operable fleet at 213 aircraft for use in 
Forest Service wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C.

[[Page 113 STAT. 1501A-175]]

2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
purchase, erection, and alteration of buildings and other public 
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 
interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant 
to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 
558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 
5901-5902; and (7) for debt collection contracts in accordance with 31 
U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appropriated emergency 
contingent funds under the heading ``Wildland Fire Management'' have 
been released by the President and apportioned.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report No. 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures contained 
in House Report No. 105-163.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps as authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408.
    Of the funds available to the Forest Service, $1,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even-aged management in hardwood 
stands in the Shawnee National Forest, Illinois.

[[Page 113 STAT. 1501A-176]]

    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $2,250,000 may be advanced 
in a lump sum as Federal financial assistance to the National Forest 
Foundation, without regard to when the Foundation incurs expenses, for 
administrative expenses or projects on or benefitting National Forest 
System lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more than 
$400,000 shall be available for administrative expenses: Provided 
further, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at least 
one-for-one basis funds made available by the Forest Service: Provided 
further, That the Foundation may transfer Federal funds to a non-Federal 
recipient for a project at the same rate that the recipient has obtained 
the non-Federal matching funds: Provided further, That hereafter, the 
National Forest Foundation may hold Federal funds made available but not 
immediately disbursed and may use any interest or other investment 
income earned (before, on, or after the date of the enactment of this 
Act) on Federal funds to carry out the purposes of Public Law 101-593: 
Provided further, That such investments may be made only in interest-
bearing obligations of the United States or in obligations guaranteed as 
to both principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be available for matching 
funds to the National Fish and Wildlife Foundation, as authorized by 16 
U.S.C. 3701-3709, and may be advanced in a lump sum as Federal financial 
assistance, without regard to when expenses are incurred, for projects 
on or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That the Foundation shall obtain, by the end 
of the period of Federal financial assistance, private contributions to 
match on at least one-for-one basis funds advanced by the Forest 
Service: Provided further, That the Foundation may transfer Federal 
funds to a non-Federal recipient for a project at the same rate that the 
recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the ``National Forest System'' and 
``Reconstruction and Construction'' accounts and planned to be allocated 
to activities under the ``Jobs in the Woods'' program for projects on 
National Forest land in the State of Washington may be granted directly 
to the Washington State Department of Fish and Wildlife for 
accomplishment of planned projects. Twenty percent of said funds shall 
be retained by the Forest Service for planning and administering 
projects. Project selection and prioritization shall be accomplished by 
the Forest Service with such consultation with the State of Washington 
as the Forest Service deems appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.

[[Page 113 STAT. 1501A-177]]

    The Secretary of Agriculture is authorized to enter into grants, 
contracts, and cooperative agreements as appropriate with the Pinchot 
Institute for Conservation, as well as with public and other private 
agencies, organizations, institutions, and individuals, to provide for 
the development, administration, maintenance, or restoration of land, 
facilities, or Forest Service programs, at the Grey Towers National 
Historic Landmark: Provided, That, subject to such terms and conditions 
as the Secretary of Agriculture may prescribe, any such public or 
private agency, organization, institution, or individual may solicit, 
accept, and administer private gifts of money and real or personal 
property for the benefit of, or in connection with, the activities and 
services at the Grey Towers National Historic Landmark: Provided 
further, That such gifts may be accepted notwithstanding the fact that a 
donor conducts business with the Department of Agriculture in any 
capacity.
    Funds appropriated to the Forest Service shall be available, as 
determined by the Secretary, for payments to Del Norte County, 
California, pursuant to sections 13(e) and 14 of the Smith River 
National Recreation Area Act (Public Law 101-612).
    For purposes of the Southeast Alaska Economic Disaster Fund as set 
forth in section 101(c) of Public Law 104-134, the direct grants 
provided from the Fund shall be considered direct payments for purposes 
of all applicable law except that these direct grants may not be used 
for lobbying activities: Provided, That a total of $22,000,000 is hereby 
appropriated and shall be deposited into the Southeast Alaska Economic 
Disaster Fund established pursuant to Public Law 104-134, as amended, 
without further appropriation or fiscal year limitation of which 
$10,000,000 shall be distributed in fiscal year 2000, $7,000,000 shall 
be distributed in fiscal year 2001, and $5,000,000 shall be distributed 
in fiscal year 2002. The Secretary of Agriculture shall allocate the 
funds to local communities suffering economic hardship because of mill 
closures and economic dislocation in the timber industry to employ 
unemployed timber workers and for related community redevelopment 
projects as follows:
            (1) in fiscal year 2000, $4,000,000 for the Ketchikan 
        Gateway Borough, $2,000,000 for the City of Petersburg, 
        $2,000,000 for the City and Borough of Sitka, and $2,000,000 for 
        the Metlakatla Indian Community;
            (2) in fiscal year 2001, $3,000,000 for the Ketchikan 
        Gateway Borough, $1,000,000 for the City of Petersburg, 
        $1,500,000 for the City and Borough of Sitka, and $1,500,000 for 
        the Metlakatla Indian Community; and
            (3) in fiscal year 2002, $3,000,000 for the Ketchikan 
        Gateway Borough, $500,000 for the City and Borough of Sitka, and 
        $1,500,000 for the Metlakatla Indian Community.

    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.

[[Page 113 STAT. 1501A-178]]

    No employee of the Department of Agriculture may be detailed or 
assigned from an agency or office funded by this Act to any other agency 
or office of the department for more than 30 days unless the 
individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    The Forest Service shall fund overhead, national commitments, 
indirect expenses, and any other category for use of funds which are 
expended at any units, that are not directly related to the 
accomplishment of specific work on-the-ground (referred to as ``indirect 
expenditures''), from funds available to the Forest Service, unless 
otherwise prohibited by law: Provided, That the Forest Service shall 
implement and adhere to the definitions of indirect expenditures 
established pursuant to Public Law 105-277 on a nationwide basis without 
flexibility for modification by any organizational level except the 
Washington Office, and when changed by the Washington Office, such 
changes in definition shall be reported in budget requests submitted by 
the Forest Service: Provided further, That the Forest Service shall 
provide in all future budget justifications, planned indirect 
expenditures in accordance with the definitions, summarized and 
displayed to the Regional, Station, Area, and detached unit office 
level. The justification shall display the estimated source and amount 
of indirect expenditures, by expanded budget line item, of funds in the 
agency's annual budget justification. The display shall include 
appropriated funds and the Knutson-Vandenberg, Brush Disposal, 
Cooperative Work-Other, and Salvage Sale funds. Changes between 
estimated and actual indirect expenditures shall be reported in 
subsequent budget justifications: Provided further, That during fiscal 
year 2000 the Secretary shall limit total annual indirect obligations 
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg, 
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of 
the total obligations from each fund.
    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee safety: 
Provided, That such amounts shall not exceed $500,000.
    From any unobligated balances available at the start of fiscal year 
2000, the amount of $5,000,000 shall be allocated to the Alaska Region, 
in addition to the funds appropriated to sell timber in the Alaska 
Region under this Act, for expenses directly related to preparing 
sufficient additional timber for sale in the Alaska Region to establish 
a 3-year timber supply.
    The Forest Service is authorized through the Forest Service existing 
budget to reimburse Harry Frey, $143,406 (1997 dollars) because his home 
was destroyed by arson on June 21, 1990 in retaliation for his work with 
the Forest Service.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $156,000,000 shall not be available until October

[[Page 113 STAT. 1501A-179]]

1, 2000: Provided, That funds made available in previous appropriations 
Acts shall be available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                 fossil energy research and development

                      (including transfer of funds)

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany Research Center in Oregon, 
$419,025,000, to remain available until expended, of which $24,000,000 
shall be derived by transfer from unobligated balances in the Biomass 
Energy Development account: Provided, That no part of the sum herein 
made available shall be used for the field testing of nuclear explosives 
in the recovery of oil and gas.

                      alternative fuels production

                      (including transfer of funds)

    Moneys received as investment income on the principal amount in the 
Great Plains Project Trust at the Norwest Bank of North Dakota, in such 
sums as are earned as of October 1, 1999, shall be deposited in this 
account and immediately transferred to the general fund of the Treasury. 
Moneys received as revenue sharing from operation of the Great Plains 
Gasification Plant and settlement payments shall be immediately 
transferred to the general fund of the Treasury.

                 naval petroleum and oil shale reserves

    The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to 
fiscal year 2000: Provided, That, notwithstanding any other provision of 
law, unobligated funds remaining from prior years shall be available for 
all naval petroleum and oil shale reserve activities.

                       elk hills school lands fund

    For necessary expenses in fulfilling the second installment payment 
under the Settlement Agreement entered into by the United States and the 
State of California on October 11, 1996, as authorized by section 3415 
of Public Law 104-106, $36,000,000, to become available on October 1, 
2000, for payment to the State of California for the State Teachers' 
Retirement Fund from the Elk Hills School Lands Fund.

[[Page 113 STAT. 1501A-180]]

                           energy conservation

                      (including transfer of funds)

    For necessary expenses in carrying out energy conservation 
activities, $745,242,000, to remain available until expended, of which 
$25,000,000 shall be derived by transfer from unobligated balances in 
the Biomass Energy Development account: Provided, That $168,500,000 
shall be for use in energy conservation programs as defined in section 
3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided further, That 
notwithstanding section 3003(d)(2) of Public Law 99-509, such sums shall 
be allocated to the eligible programs as follows: $135,000,000 for 
weatherization assistance grants and $33,500,000 for State energy 
conservation grants: Provided further, That, notwithstanding any other 
provision of law, in fiscal year 2001 and thereafter sums appropriated 
for weatherization assistance grants shall be contingent on a cost share 
of 25 percent by each participating State or other qualified 
participant.

                           economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $2,000,000, to remain available until expended.

                       strategic petroleum reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), $159,000,000, to remain available until expended: 
Provided, That the Secretary of Energy hereafter may transfer to the SPR 
Petroleum Account such funds as may be necessary to carry out drawdown 
and sale operations of the Strategic Petroleum Reserve initiated under 
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) 
from any funds available to the Department of Energy under this or any 
other Act: Provided further, That all funds transferred pursuant to this 
authority must be replenished as promptly as possible from oil sale 
receipts pursuant to the drawdown and sale.

                    energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $72,644,000, to remain available until 
expended.

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized

[[Page 113 STAT. 1501A-181]]

price support or loan guarantee programs unless specific provision is 
made for such programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered into the Treasury as miscellaneous receipts: Provided further, 
That any contract, agreement, or provision thereof entered into by the 
Secretary pursuant to this authority shall not be executed prior to the 
expiration of 30 calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more than 
three calendar days to a day certain) from the receipt by the Speaker of 
the House of Representatives and the President of the Senate of a full 
comprehensive report on such project, including the facts and 
circumstances relied upon in support of the proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.
    The Secretary of Energy in cooperation with the Administrator of 
General Services Administration shall convey to the City of 
Bartlesville, Oklahoma, for no consideration, the approximately 15.644 
acres of land comprising the former site of the National Institute of 
Petroleum Energy Research (including all improvements on the land) 
described as follows: All of Block 1, Keeler's Second Addition, all of 
Block 2, Keeler's Fourth Addition, all of Blocks 9 and 10, Mountain View 
Addition, all in the City of Bartlesville, Washington County, Oklahoma.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,078,967,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian

[[Page 113 STAT. 1501A-182]]

Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), 
shall be deemed to be obligated at the time of the grant or contract 
award and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation: Provided further, That 
$12,000,000 shall remain available until expended, for the Indian 
Catastrophic Health Emergency Fund: Provided further, That $395,290,000 
for contract medical care shall remain available for obligation until 
September 30, 2001: Provided further, That of the funds provided, up to 
$17,000,000 shall be used to carry out the loan repayment program under 
section 108 of the Indian Health Care Improvement Act: Provided further, 
That funds provided in this Act may be used for 1-year contracts and 
grants which are to be performed in two fiscal years, so long as the 
total obligation is recorded in the year for which the funds are 
appropriated: Provided further, That the amounts collected by the 
Secretary of Health and Human Services under the authority of title IV 
of the Indian Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act (exclusive of planning, design, or construction of new 
facilities): Provided further, That funding contained herein, and in any 
earlier appropriations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall remain available for 
obligation until September 30, 2001: Provided further, That amounts 
received by tribes and tribal organizations under title IV of the Indian 
Health Care Improvement Act shall be reported and accounted for and 
available to the receiving tribes and tribal organizations until 
expended: Provided further, That, notwithstanding any other provision of 
law, of the amounts provided herein, not to exceed $228,781,000 shall be 
for payments to tribes and tribal organizations for contract or grant 
support costs associated with contracts, grants, self-governance 
compacts or annual funding agreements between the Indian Health Service 
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year 
2000, of which not to exceed $10,000,000 may be used for such costs 
associated with new and expanded contracts, grants, self-governance 
compacts or annual funding agreements: Provided further, That funds 
available for the Indian Health Care Improvement Fund may be used, as 
needed, to carry out activities typically funded under the Indian Health 
Facilities account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $318,580,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health

[[Page 113 STAT. 1501A-183]]

facilities for the benefit of an Indian tribe or tribes may be used to 
purchase land for sites to construct, improve, or enlarge health or 
related facilities: Provided further, That notwithstanding any provision 
of law governing Federal construction, $3,000,000 of the funds provided 
herein shall be provided to the Hopi Tribe to reduce the debt incurred 
by the Tribe in providing staff quarters to meet the housing needs 
associated with the new Hopi Health Center: Provided further, That not 
to exceed $500,000 shall be used by the Indian Health Service to 
purchase TRANSAM equipment from the Department of Defense for 
distribution to the Indian Health Service and tribal facilities: 
Provided further, That not to exceed $500,000 shall be used by the 
Indian Health Service to obtain ambulances for the Indian Health Service 
and tribal facilities in conjunction with an existing interagency 
agreement between the Indian Health Service and the General Services 
Administration: Provided further, That not to exceed $500,000 shall be 
placed in a Demolition Fund, available until expended, to be used by the 
Indian Health Service for demolition of Federal buildings: Provided 
further, That from within existing funds, the Indian Health Service may 
purchase up to 5 acres of land for expanding the parking facilities at 
the Indian Health Service hospital in Tahlequah, Oklahoma.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefore as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities: Provided, 
That in accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation: Provided further, That notwithstanding 
any other law or regulation, funds transferred from the Department of 
Housing and Urban Development to the Indian Health Service shall be 
administered under Public Law 86-121 (the Indian Sanitation Facilities 
Act) and Public Law 93-638, as amended: Provided further, That funds 
appropriated to the Indian Health Service in this Act, except those used 
for administrative and program direction purposes, shall not be subject 
to limitations directed at curtailing Federal travel and transportation: 
Provided further, That notwithstanding any other provision of law, funds 
previously or herein made available to a tribe or

[[Page 113 STAT. 1501A-184]]

tribal organization through a contract, grant, or agreement authorized 
by title I or title III of the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and 
reobligated to a self-determination contract under title I, or a self-
governance agreement under title III of such Act and thereafter shall 
remain available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That none of the funds made available to 
the Indian Health Service in this Act shall be used to implement the 
final rule published in the Federal Register on September 16, 1987, by 
the Department of Health and Human Services, relating to the eligibility 
for the health care services of the Indian Health Service until the 
Indian Health Service has submitted a budget request reflecting the 
increased costs associated with the proposed final rule, and such 
request has been included in an appropriations Act and enacted into law: 
Provided further, That funds made available in this Act are to be 
apportioned to the Indian Health Service as appropriated in this Act, 
and accounted for in the appropriation structure set forth in this Act: 
Provided further, That with respect to functions transferred by the 
Indian Health Service to tribes or tribal organizations, the Indian 
Health Service is authorized to provide goods and services to those 
entities, on a reimbursable basis, including payment in advance with 
subsequent adjustment, and the reimbursements received therefrom, along 
with the funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent 
appropriation account which provided the funding, said amounts to remain 
available until expended: Provided further, That reimbursements for 
training, technical assistance, or services provided by the Indian 
Health Service will contain total costs, including direct, 
administrative, and overhead associated with the provision of goods, 
services, or technical assistance: Provided further, That the 
appropriation structure for the Indian Health Service may not be altered 
without advance approval of the House and Senate Committees on 
Appropriations.

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $8,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-partitioned lands 
residents, those in significantly substandard housing, and all others 
certified as eligible and not included in the preceding categories: 
Provided further, That none of the funds contained in this or any other 
Act may be used by the Office of Navajo and Hopi Indian Relocation to 
evict any single Navajo or Navajo family who, as of November 30, 1985, 
was physically domiciled on the lands partitioned to the Hopi Tribe 
unless a new or replacement home is provided for such household: 
Provided further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected

[[Page 113 STAT. 1501A-185]]

a replacement residence off the Navajo reservation or on the land 
acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $2,125,000.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $372,901,000, of 
which not to exceed $43,318,000 for the instrumentation program, 
collections acquisition, Museum Support Center equipment and move, 
exhibition reinstallation, the National Museum of the American Indian, 
the repatriation of skeletal remains program, research equipment, 
information management, and Latino programming shall remain available 
until expended and of which $2,500,000 shall remain available until 
expended for the National Museum of Natural History's Arctic Studies 
Center to include assistance to other museums for the planning and 
development of institutions and facilities that enhance the display of 
collections, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations: Provided further, That the Smithsonian 
Institution may expend Federal appropriations designated in this Act for 
lease or rent payments for long term and swing space, as rent payable to 
the Smithsonian Institution, and such rent payments may be deposited 
into the general trust funds of the Institution to the extent that 
federally supported activities are housed in the 900 H Street, N.W. 
building in the District of Columbia: Provided further, That this use of 
Federal appropriations shall not be construed as debt service, a Federal 
guarantee of, a transfer of risk to, or an obligation of, the Federal 
Government: Provided further, That no appropriated funds may be used to 
service debt which is incurred to finance the costs of acquiring the 900 
H Street building or of planning, designing, and constructing 
improvements to such building.

[[Page 113 STAT. 1501A-186]]

           repair, rehabilitation and alteration of facilities

                     (including transfers of funds)

    For necessary expenses of repair, rehabilitation and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of August 22, 1949 
(63 Stat. 623), including not to exceed $10,000 for services as 
authorized by 5 U.S.C. 3109, $47,900,000, to remain available until 
expended, of which $6,000,000 is provided for repair, rehabilitation and 
alteration of facilities at the National Zoological Park: Provided, That 
contracts awarded for environmental systems, protection systems, and 
repair or rehabilitation of facilities of the Smithsonian Institution 
may be negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price: Provided further, That funds 
previously appropriated to the ``Construction and Improvements, National 
Zoological Park'' account and the ``Repair and Restoration of 
Buildings'' account may be transferred to and merged with this ``Repair, 
Rehabilitation and Alteration of Facilities'' account.

                              construction

    For necessary expenses for construction, $19,000,000, to remain 
available until expended.

           administrative provisions, smithsonian institution

    None of the funds in this or any other Act may be used to initiate 
the design for any proposed expansion of current space or new facility 
without consultation with the House and Senate Appropriations 
Committees.
    The Smithsonian Institution shall not use Federal funds in excess of 
the amount specified in Public Law 101-185 for the construction of the 
National Museum of the American Indian.
    None of the funds in this or any other Act may be used for the Holt 
House located at the National Zoological Park in Washington, D.C., 
unless identified as repairs to minimize water damage, monitor structure 
movement, or provide interim structural support.

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for 
protecting buildings and contents thereof, and maintenance, alteration,

[[Page 113 STAT. 1501A-187]]

improvement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art for the 
National Gallery of Art by contracts made, without advertising, with 
individuals, firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem proper, $61,538,000, 
of which not to exceed $3,026,000 for the special exhibition program 
shall remain available until expended.

             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of contractor 
qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $14,000,000.

                              construction

    For necessary expenses for capital repair and rehabilitation of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $20,000,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $6,790,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $85,000,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to organizations 
and individuals pursuant to sections 5(c) and 5(g) of the Act, for 
program support, and for administering the functions of the Act, to 
remain available until expended.

[[Page 113 STAT. 1501A-188]]

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$13,000,000, to remain available until expended, to the National 
Endowment for the Arts: Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 
11(a)(3)(A) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $101,000,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$14,700,000, to remain available until expended, of which $10,700,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                Institute of Museum and Library Services

                        office of museum services

                        grants and administration

    For carrying out subtitle C of the Museum and Library Services Act 
of 1996, as amended, $24,400,000, to remain available until expended.

                        administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds

[[Page 113 STAT. 1501A-189]]

from nonappropriated sources may be used as necessary for official 
reception and representation expenses.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $1,005,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956(a)), as amended, $7,000,000.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,000,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $6,312,000: Provided, That all appointed 
members will be compensated at a rate not to exceed the rate for level 
IV of the Executive Schedule.

                United States Holocaust Memorial Council

                       holocaust memorial council

    For expenses of the Holocaust Memorial Council, as authorized by 
Public Law 96-388 (36 U.S.C. 1401), as amended, $33,286,000, of which 
$1,575,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions program shall remain available 
until expended.

                             Presidio Trust

                           presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $24,400,000 shall be available to 
the Presidio Trust, to remain available until expended, of which up to 
$1,040,000 may be for the cost of guaranteed loans, as authorized by 
section 104(d) of the Act: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of

[[Page 113 STAT. 1501A-190]]

1974: Provided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed, not to 
exceed $200,000,000. The Trust is authorized to issue obligations to the 
Secretary of the Treasury pursuant to section 104(d)(3) of the Act, in 
an amount not to exceed $20,000,000.

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under existing 
Executive order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act,

[[Page 113 STAT. 1501A-191]]

        the head of each Federal agency shall provide to each recipient 
        of the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.

    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    (d) Effective Date.--The provisions of this section are applicable 
in fiscal year 2000 and thereafter.
    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land Management lands in a manner different than such sales 
were conducted in fiscal year 1999.
    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. None of the funds appropriated or otherwise made available 
by this Act may be used for the AmeriCorps program, unless the relevant 
agencies of the Department of the Interior and/or Agriculture follow 
appropriate reprogramming guidelines: Provided, That if no funds are 
provided for the AmeriCorps program by the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2000, then none of the funds appropriated or 
otherwise made available by this Act may be used for the AmeriCorps 
programs.
    Sec. 311. None of the funds made available in this Act may be used: 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is made 
known to the Federal official having authority to obligate or expend 
such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 312. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994; and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that date.

[[Page 113 STAT. 1501A-192]]

    (c) Report.--On September 30, 2000, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 313. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208, 105-83, and 105-277 for payments to tribes 
and tribal organizations for contract support costs associated with 
self-determination or self-governance contracts, grants, compacts, or 
annual funding agreements with the Bureau of Indian Affairs or the 
Indian Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 1999 for such purposes, except 
that, for the Bureau of Indian Affairs, tribes and tribal organizations 
may use their tribal priority allocations for unmet indirect costs of 
ongoing contracts, grants, self-governance compacts or annual funding 
agreements.
    Sec. 314. Notwithstanding any other provision of law, for fiscal 
year 2000 the Secretaries of Agriculture and the Interior are authorized 
to limit competition for watershed restoration project contracts as part 
of the ``Jobs in the Woods'' component of the President's Forest Plan 
for the Pacific Northwest or the Jobs in the Woods Program established 
in Region 10 of the Forest Service to individuals and entities in 
historically timber-dependent areas in the States of Washington, Oregon, 
northern California and Alaska that have been affected by reduced timber 
harvesting on Federal lands.
    Sec. 315. None of the funds collected under the Recreational Fee 
Demonstration program may be used to plan, design, or construct a 
visitor center or any other permanent structure without prior approval 
of the House and the Senate Committees on Appropriations if the 
estimated total cost of the facility exceeds $500,000.
    Sec. 316. All interests created under leases, concessions, permits 
and other agreements associated with the properties administered by the 
Presidio Trust shall be exempt from all taxes and special assessments of 
every kind by the State of California and its political subdivisions.
    Sec. 317. None of the funds made available in this or any other Act 
for any fiscal year may be used to designate, or to post any sign 
designating, any portion of Canaveral National Seashore in Brevard 
County, Florida, as a clothing-optional area or as an area in which 
public nudity is permitted, if such designation would be contrary to 
county ordinance.

[[Page 113 STAT. 1501A-193]]

    Sec. 318. Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made to 
        a State or local arts agency, or regional group, may be used to 
        make a grant to any other organization or individual to conduct 
        activity independent of the direct grant recipient. Nothing in 
        this subsection shall prohibit payments made in exchange for 
        goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

    Sec. 319. The National Endowment for the Arts and the National 
Endowment for the Humanities are authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or devises 
of money and other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts and the National 
Endowment for the Humanities. Any proceeds from such gifts, bequests, or 
devises, after acceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by the donor or the 
representative of the donor to the Chairman. The Chairman shall enter 
the proceeds in a special interest-bearing account to the credit of the 
appropriate endowment for the purposes specified in each case.
    Sec. 320. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.

[[Page 113 STAT. 1501A-194]]

    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually 
        and by State, on grants awarded by the Chairperson in each grant 
        category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

    Sec. 321. No part of any appropriation contained in this Act shall 
be expended or obligated to fund new revisions of national forest land 
management plans until new final or interim final rules for forest land 
management planning are published in the Federal Register. Those 
national forests which are currently in a revision process, having 
formally published a Notice of Intent to revise prior to October 1, 
1997; those national forests having been court-ordered to revise; those 
national forests where plans reach the 15 year legally mandated date to 
revise before or during calendar year 2001; national forests within the 
Interior Columbia Basin Ecosystem study area; and the White Mountain 
National Forest are exempt from this section and may use funds in this 
Act and proceed to complete the forest plan revision in accordance with 
current forest planning regulations.
    Sec. 322. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the 5-year program under 
the Forest and Rangeland Renewable Resources Planning Act.
    Sec. 323. None of the funds in this Act may be used to support 
Government-wide administrative functions unless such functions are 
justified in the budget process and funding is approved by the House and 
Senate Committees on Appropriations.
    Sec. 324. Notwithstanding any other provision of law, none of the 
funds in this Act may be used for GSA Telecommunication Centers or the 
President's Council on Sustainable Development.
    Sec. 325. None of the funds in this Act may be used for planning, 
design or construction of improvements to Pennsylvania Avenue in front 
of the White House without the advance approval of the House and Senate 
Committees on Appropriations.
    Sec. 326. (a) Short Title.--This section may be cited as the 
``National Park Service Studies Act of 1999''.
    (b) Authorization of Studies.--
            (1) In general.--The Secretary of the Interior (``the 
        Secretary'') shall conduct studies of the geographical areas and 
        historic and cultural themes described in subsection (b)(3) to 
        determine the appropriateness of including such areas or themes 
        in the National Park System.
            (2) Criteria.--In conducting the studies authorized by this 
        Act, the Secretary shall use the criteria for the study of areas 
        for potential inclusion in the National Park System in 
        accordance with section 8 of Public Law 91-383, as amended by

[[Page 113 STAT. 1501A-195]]

        section 303 of the National Parks Omnibus Management Act (Public 
        Law 105-391; 112 Stat. 3501).
            (3) Study areas.--The Secretary shall conduct studies of the 
        following:
                    (A) Anderson Cottage, Washington, District of 
                Columbia.
                    (B) Bioluminescent Bay, Puerto Rico.
                    (C) Civil Rights Sites, multi-State.
                    (D) Crossroads of the American Revolution, Central 
                New Jersey.
                    (E) Fort Hunter Liggett, California.
                    (F) Fort King, Florida.
                    (G) Gaviota Coast Seashore, California.
                    (H) Kate Mullany House, New York.
                    (I) Loess Hills, Iowa.
                    (J) Low Country Gullah Culture, multi-State.
                    (K) Nan Madol, State of Ponape, Federated States of 
                Micronesia (upon the request of the Government of the 
                Federated States of Micronesia).
                    (L) Walden Pond and Woods, Massachusetts.
                    (M) World War II Sites, Commonwealth of the Northern 
                Marianas.
                    (N) World War II Sites, Republic of Palau (upon the 
                request of the Government of the Republic of Palau).

    (c) Reports.--The Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Resources of 
the House of Representatives a report on the findings, conclusions, and 
recommendations of each study under subsection (b) within three fiscal 
years following the date on which funds are first made available for 
each study.
    Sec. 327. Amounts deposited during fiscal year 1999 in the roads and 
trails fund provided for in the fourteenth paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 
501), shall be used by the Secretary of Agriculture, without regard to 
the State in which the amounts were derived, to repair or reconstruct 
roads, bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and trails 
on National Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects shall 
emphasize reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, and 
biological integrity. The Secretary shall commence the projects during 
fiscal year 2000, but the projects may be completed in a subsequent 
fiscal year. Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended from the timber 
salvage sale fund. Nothing in this section shall be construed to exempt 
any project from any environmental law.
    Sec. 328. None of the funds in this Act may be used to establish a 
new National Wildlife Refuge in the Kankakee River basin that is 
inconsistent with the United States Army Corps of Engineers' efforts to 
control flooding and siltation in that area. Written certification of 
consistency shall be submitted to the House and Senate Committees on 
Appropriations prior to refuge establishment.

[[Page 113 STAT. 1501A-196]]

    Sec. 329. None of the funds provided in this or previous 
appropriations Acts for the agencies funded by this Act or provided from 
any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be transferred to or used to fund personnel, training, or other 
administrative activities at the Council on Environmental Quality or 
other offices in the Executive Office of the President for purposes 
related to the American Heritage Rivers program.
    Sec. 330. Other than in emergency situations, none of the funds in 
this Act may be used to operate telephone answering machines during core 
business hours unless such answering machines include an option that 
enables callers to reach promptly an individual on-duty with the agency 
being contacted.
    Sec. 331. Enhancing Forest Service Administration of Rights-of-way 
and Land Uses. (a) The Secretary of Agriculture shall develop and 
implement a pilot program for the purpose of enhancing forest service 
administration of rights-of-way and other land uses. The authority for 
this program shall be for fiscal years 2000 through 2004. Prior to the 
expiration of the authority for this pilot program, the Secretary shall 
submit a report to the House and Senate Committees on Appropriations, 
and the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives that evaluates 
whether the use of funds under this section resulted in more expeditious 
approval of rights-of-way and special use authorizations. This report 
shall include the Secretary's recommendation for statutory or regulatory 
changes to reduce the average processing time for rights-of-way and 
special use permit applications.
    (b) Deposit of Fees.--Subject to subsections (a) and (f ), during 
fiscal years 2000 through 2004, the Secretary of Agriculture shall 
deposit into a special account established in the Treasury all fees 
collected by the Secretary to recover the costs of processing 
applications for, and monitoring compliance with, authorizations to use 
and occupy National Forest System lands pursuant to section 28(l) of the 
Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), section 9701 
of title 31, United States Code, and section 110(g) of the National 
Historic Preservation Act (16 U.S.C. 470h-2(g)).
    (c) Use of Retained Amounts.--Amounts deposited pursuant to 
subsection (b) shall be available, without further appropriation, for 
expenditure by the Secretary of Agriculture to cover costs incurred by 
the Forest Service for the processing of applications for special use 
authorizations and for monitoring activities undertaken in connection 
with such authorizations. Amounts in the special account shall remain 
available for such purposes until expended.
    (d) Reporting Requirement.--In the budget justification documents 
submitted by the Secretary of Agriculture in support of the President's 
budget for a fiscal year under section 1105 of title 31, United States 
Code, the Secretary shall include a description of the purposes for 
which amounts were expended from the special account during the 
preceding fiscal year, including the amounts expended for each purpose, 
and a description of the purposes for which amounts are proposed to be 
expended from the special account during the next fiscal year, including 
the amounts proposed to be expended for each purpose.

[[Page 113 STAT. 1501A-197]]

    (e) Definition of Authorization.--For purposes of this section, the 
term ``authorizations'' means special use authorizations issued under 
subpart B of part 251 of title 36, Code of Federal Regulations.
    (f ) Implementation.--This section shall take effect upon 
promulgation of Forest Service regulations for the collection of fees 
for processing of special use authorizations and for related monitoring 
activities.
    Sec. 332. Hardwood Technology Transfer and Applied Research. (a) The 
Secretary of Agriculture (hereinafter the ``Secretary'') is hereby and 
hereafter authorized to conduct technology transfer and development, 
training, dissemination of information and applied research in the 
management, processing and utilization of the hardwood forest resource. 
This authority is in addition to any other authorities which may be 
available to the Secretary including, but not limited to, the 
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101 
et seq.), and the Forest and Rangeland Renewable Resources Act of 1978, 
as amended (16 U.S.C. 1600-1614).
    (b) In carrying out this authority, the Secretary may enter into 
grants, contracts, and cooperative agreements with public and private 
agencies, organizations, corporations, institutions and individuals. The 
Secretary may accept gifts and donations pursuant to the Act of October 
10, 1978 (7 U.S.C. 2269) including gifts and donations from a donor that 
conducts business with any agency of the Department of Agriculture or is 
regulated by the Secretary of Agriculture.
    (c) The Secretary is hereby and hereafter authorized to operate and 
utilize the assets of the Wood Education and Resource Center (previously 
named the Robert C. Byrd Hardwood Technology Center in West Virginia) as 
part of a newly formed ``Institute of Hardwood Technology Transfer and 
Applied Research'' (hereinafter the ``Institute''). The Institute, in 
addition to the Wood Education and Resource Center, will consist of a 
Director, technology transfer specialists from State and Private 
Forestry, the Forestry Sciences Laboratory in Princeton, West Virginia, 
and any other organizational unit of the Department of Agriculture as 
the Secretary deems appropriate. The overall management of the Institute 
will be the responsibility of the Forest Service, State and Private 
Forestry.
    (d) The Secretary is hereby and hereafter authorized to generate 
revenue using the authorities provided herein. Any revenue received as 
part of the operation of the Institute shall be deposited into a special 
fund in the Treasury of the United States, known as the ``Hardwood 
Technology Transfer and Applied Research Fund'', which shall be 
available to the Secretary until expended, without further 
appropriation, in furtherance of the purposes of this section, including 
upkeep, management, and operation of the Institute and the payment of 
salaries and expenses.
    (e) There are hereby and hereafter authorized to be appropriated 
such sums as necessary to carry out the provisions of this section.
    Sec. 333. No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised under the transaction evidence 
appraisal system using domestic Alaska values for western red cedar: 
Provided, That sales which are deficit when appraised under the 
transaction evidence appraisal system using domestic Alaska values for 
western red cedar may be advertised upon receipt

[[Page 113 STAT. 1501A-198]]

of a written request by a prospective, informed bidder, who has the 
opportunity to review the Forest Service's cruise and harvest cost 
estimate for that timber. Program accomplishments shall be based on 
volume sold. Should Region 10 sell, in fiscal year 2000, the annual 
average portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan in sales which are not deficit when 
appraised under the transaction evidence appraisal system using domestic 
Alaska values for western red cedar, all of the western red cedar timber 
from those sales which is surplus to the needs of domestic processors in 
Alaska, shall be made available to domestic processors in the contiguous 
48 United States at prevailing domestic prices. Should Region 10 sell, 
in fiscal year 2000, less than the annual average portion of the decadal 
allowable sale quantity called for in the current Tongass Land 
Management Plan in sales which are not deficit when appraised under the 
transaction evidence appraisal system using domestic Alaska values for 
western red cedar, the volume of western red cedar timber available to 
domestic processors at prevailing domestic prices in the contiguous 48 
United States shall be that volume: (i) which is surplus to the needs of 
domestic processors in Alaska; and (ii) is that percent of the surplus 
western red cedar volume determined by calculating the ratio of the 
total timber volume which has been sold on the Tongass to the annual 
average portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan. The percentage shall be calculated 
by Region 10 on a rolling basis as each sale is sold (for purposes of 
this amendment, a ``rolling basis'' shall mean that the determination of 
how much western red cedar is eligible for sale to various markets shall 
be made at the time each sale is awarded). Western red cedar shall be 
deemed ``surplus to the needs of domestic processors in Alaska'' when 
the timber sale holder has presented to the Forest Service documentation 
of the inability to sell western red cedar logs from a given sale to 
domestic Alaska processors at price equal to or greater than the log 
selling value stated in the contract. All additional western red cedar 
volume not sold to Alaska or contiguous 48 United States domestic 
processors may be exported to foreign markets at the election of the 
timber sale holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder.
    Sec. 334. Subsection 104(d) of Public Law 104-333 (110 Stat. 4102) 
is amended--
            (1) in paragraph (3) by striking ``after determining that 
        the projects to be funded from the proceeds thereof are 
        creditworthy and that a repayment schedule is established and 
        only'' and inserting ``including a review of the 
        creditworthiness of the loan and establishment of a repayment 
        schedule,'' after ``and subject to such terms and conditions,''; 
        and
            (2) in paragraph (4) by inserting ``paragraph (3) of'' 
        before ``this subsection''.

    Sec. 335. The Secretary of Agriculture and the Secretary of the 
Interior shall:
            (1) prepare the report required of them by section 323(a) of 
        the Interior and Related Agencies Appropriations Act, 1998 
        (Public Law 105-83; 111 Stat. 1543, 1596-7) except that the 
        report describing the estimated production of goods and services 
        for the first 5 years during the course of the decision may be 
        completed for either each individual unit of Federal lands

[[Page 113 STAT. 1501A-199]]

        or for each of the Resource Advisory Council or Provincial 
        Advisory Council units that fall within the Basin area;
            (2) distribute the report and make such report available for 
        public comment for a minimum of 120 days; and
            (3) include detailed responses to the public comment in any 
        final environmental impact statement associated with the 
        Interior Columbia Basin Ecosystem Management Project.

    Sec. 336. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the Senate 
for advice and consent to ratification pursuant to article II, section 
2, clause 2, of the United States Constitution, and which has not 
entered into force pursuant to article 25 of the Protocol.
    Sec. 337. (a) Millsites Opinion.--No funds shall be expended by the 
Department of the Interior or the Department of Agriculture, for fiscal 
years 2000 and 2001, to limit the number or acreage of millsites based 
on the ratio between the number or acreage of millsites and the number 
or acreage of associated lode or placer claims with respect to any 
patent application grandfathered pursuant to section 113 of the 
Department of the Interior and Related Agencies, Appropriations Act, 
1995; any operation for which a plan of operations has been previously 
approved; or any operation for which a plan of operations has been 
submitted to the Bureau of Land Management or Forest Service prior to 
November 7, 1997.
    (b) No Ratification.--Nothing in this Act or the Emergency 
Supplemental Act of 1999 shall be construed as an explicit or tacit 
adoption, ratification, endorsement, approval, rejection or disapproval 
of the opinion dated November 7, 1997, by the solicitor of the 
Department of the Interior concerning millsites.
    Sec. 338. The Forest Service, in consultation with the Department of 
Labor, shall review Forest Service campground concessions policy to 
determine if modifications can be made to Forest Service contracts for 
campgrounds so that such concessions fall within the regulatory 
exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal 
year 2000 such concession prospectuses under the regulatory exemption, 
except that, any prospectus that does not meet the requirements of the 
regulatory exemption shall be offered as a service contract in 
accordance with the requirements of 41 U.S.C. 351-358.
    Sec. 339. Pilot Program of Charges and Fees for Harvest of Forest 
Botanical Products. (a) Definition of Forest Botanical Product.--For 
purposes of this section, the term ``forest botanical product'' means 
any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark, 
leaves, and other vegetation (or portion thereof ) that grow on National 
Forest System lands. The term does not include trees, except as provided 
in regulations issued under this section by the Secretary of 
Agriculture.
    (b) Recovery of Fair Market Value for Products.--The Secretary of 
Agriculture shall develop and implement a pilot program to charge and 
collect not less than the fair market value for forest botanical 
products harvested on National Forest System lands. The Secretary shall 
establish appraisal methods and bidding

[[Page 113 STAT. 1501A-200]]

procedures to ensure that the amounts collected for forest botanical 
products are not less than fair market value.
    (c) Fees.--
            (1) Imposition and collection.--Under the pilot program, the 
        Secretary of Agriculture shall also charge and collect fees from 
        persons who harvest forest botanical products on National Forest 
        System lands to recover all costs to the Department of 
        Agriculture associated with the granting, modifying, or 
        monitoring the authorization for harvest of the forest botanical 
        products, including the costs of any environmental or other 
        analysis.
            (2) Security.--The Secretary may require a person assessed a 
        fee under this subsection to provide security to ensure that the 
        Secretary receives the fees imposed under this subsection from 
        the person.

    (d) Sustainable Harvest Levels for Forest Botanical Products.--The 
Secretary of Agriculture shall conduct appropriate analyses to determine 
whether and how the harvest of forest botanical products on National 
Forest System lands can be conducted on a sustainable basis. The 
Secretary may not permit under the pilot program the harvest of forest 
botanical products at levels in excess of sustainable harvest levels, as 
defined pursuant to the Multiple-Use Sustained-Yield Act of 1960 (16 
U.S.C. 528 et seq.). The Secretary shall establish procedures and 
timeframes to monitor and revise the harvest levels established for 
forest botanical products.
    (e) Waiver Authority.--
            (1) Personal use.--The Secretary of Agriculture shall 
        establish a personal use harvest level for each forest botanical 
        product, and the harvest of a forest botanical product below 
        that level by a person for personal use shall not be subject to 
        charges and fees under subsections (b) and (c).
            (2) Other exceptions.--The Secretary may also waive the 
        application of subsection (b) or (c) pursuant to such 
        regulations as the Secretary may prescribe.

    (f ) Deposit and Use of Funds.--
            (1) Deposit.--Funds collected under the pilot program in 
        accordance with subsections (b) and (c) shall be deposited into 
        a special account in the Treasury of the United States.
            (2) Funds available.--Funds deposited into the special 
        account in accordance with paragraph (1) in excess of the 
        amounts collected for forest botanical products during fiscal 
        year 1999 shall be available for expenditure by the Secretary of 
        Agriculture under paragraph (3) without further appropriation, 
        and shall remain available for expenditure until the date 
        specified in subsection (h)(2).
            (3) Authorized uses.--The funds made available under 
        paragraph (2) shall be expended at units of the National Forest 
        System in proportion to the charges and fees collected at that 
        unit under the pilot program to pay for--
                    (A) in the case of funds collected under subsection 
                (b), the costs of conducting inventories of forest 
                botanical products, determining sustainable levels of 
                harvest, monitoring and assessing the impacts of harvest 
                levels and methods, and for restoration activities, 
                including any necessary vegetation; and

[[Page 113 STAT. 1501A-201]]

                    (B) in the case of fees collected under subsection 
                (c), the costs described in paragraph (1) of such 
                subsection.
            (4) Treatment of fees.--Funds collected under subsections 
        (b) and (c) shall not be taken into account for the purposes of 
        the following laws:
                    (A) The sixth paragraph under the heading ``forest 
                service'' in the Act of May 23, 1908 (16 U.S.C. 500) and 
                section 13 of the Act of March 1, 1911 (commonly known 
                as the Weeks Act; 16 U.S.C. 500).
                    (B) The fourteenth paragraph under the heading 
                ``forest service'' in the Act of March 4, 1913 (16 
                U.S.C. 501).
                    (C) Section 33 of the Bankhead-Jones Farm Tenant Act 
                (7 U.S.C. 1012).
                    (D) The Act of August 8, 1937, and the Act of May 
                24, 1939 (43 U.S.C. 1181a et seq.).
                    (E) Section 6 of the Act of June 14, 1926 (commonly 
                known as the Recreation and Public Purposes Act; 43 
                U.S.C. 869-4).
                    (F) Chapter 69 of title 31, United States Code.
                    (G) Section 401 of the Act of June 15, 1935 (16 
                U.S.C. 715s).
                    (H) Section 4 of the Land and Water Conservation 
                Fund Act of 1965 (16 U.S.C. 460l-6a).
                    (I) Any other provision of law relating to revenue 
                allocation.

    (g) Reporting Requirements.--As soon as practicable after the end of 
each fiscal year in which the Secretary of Agriculture collects charges 
and fees under subsections (b) and (c) or expends funds from the special 
account under subsection (f ), the Secretary shall submit to the 
Congress a report summarizing the activities of the Secretary under the 
pilot program, including the funds generated under subsections (b) and 
(c), the expenses incurred to carry out the pilot program, and the 
expenditures made from the special account during that fiscal year.
    (h) Duration of Pilot Program.--
            (1) Charges and fees.--The Secretary of Agriculture may 
        collect charges and fees under the authority of subsections (b) 
        and (c) only during fiscal years 2000 through 2004.
            (2) Use of special account.--The Secretary may make 
        expenditures from the special account under subsection (f ) 
        until September 30 of the fiscal year following the last fiscal 
        year specified in paragraph (1). After that date, amounts 
        remaining in the special account shall be transferred to the 
        general fund of the Treasury.

    Sec. 340. Title III, section 3001 of Public Law 106-31 is amended by 
inserting after ``Alabama,'' the following: ``in fiscal year 1999 or 
2000''.
    Sec. 341. Section 347 of title III of section 101(e) of division A 
of Public Law 105-277 is hereby amended--
            (1) in subsection (a)--
                    (A) by inserting ``, via agreement or contract as 
                appropriate,'' before ``may enter into''; and
                    (B) by striking ``(28) contracts with private 
                persons and'' and inserting ``(28) stewardship 
                contracting demonstration pilot projects with private 
                persons or other public or private'';

[[Page 113 STAT. 1501A-202]]

            (2) in subsection (b), by striking ``contract'' and 
        inserting ``project'';
            (3) in subsection (c)--
                    (A) in the heading, by inserting ``Agreements or'' 
                before ``Contracts'';
                    (B) in paragraph (1)--
                          (i) by striking ``a contract'' and inserting 
                      ``an agreement or contract''; and
                          (ii) by striking ``private contracts'' and 
                      inserting ``private agreements or contracts'';
                    (C) in paragraph (3), by inserting ``agreement or'' 
                before ``contracts''; and
                    (D) in paragraph (4), by inserting ``agreement or'' 
                before ``contracts'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``a contract'' and 
                inserting ``an agreement or contract''; and
                    (B) in paragraph (2), by striking ``a contract'' and 
                inserting ``an agreement or contract''; and
            (5) in subsection (g)--
                    (A) in the first sentence by striking ``contract'' 
                and inserting ``pilot project''; and
                    (B) in the last sentence--
                          (i) by inserting ``agreements or'' before 
                      ``contracts''; and
                          (ii) by inserting ``agreements or'' before 
                      ``contract''.

    Sec. 342. Notwithstanding section 343 of Public Law 105-83, 
increases in recreation residence fees shall be implemented in fiscal 
year 2000 only to the extent that the fiscal year 2000 fees do not 
exceed the fiscal year 1999 fee by more than $2,000.
    Sec. 343. Redesignation of Blackstone River Valley National Heritage 
Corridor in Honor of John H. Chafee. (a) Corridor.--
            (1) In general.--The Blackstone River Valley National 
        Heritage Corridor established by section 1 of Public Law 99-647 
        (16 U.S.C. 461 note) is redesignated as the ``John H. Chafee 
        Blackstone River Valley National Heritage Corridor''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Blackstone River Valley National Heritage Corridor shall be 
        deemed to be a reference to the John H. Chafee Blackstone River 
        Valley National Heritage Corridor.

    (b) Commission.--
            (1) In general.--The Blackstone River Valley National 
        Heritage Corridor Commission established by section 3 of Public 
        Law 99-647 (16 U.S.C. 461 note) is redesignated as the ``John H. 
        Chafee Blackstone River Valley National Heritage Corridor 
        Commission''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Blackstone River Valley National Heritage Corridor Commission 
        shall be deemed to be a reference to the John H. Chafee 
        Blackstone River Valley National Heritage Corridor Commission.

    (c) Conforming Amendments.--
            (1) Section 1 of Public Law 99-647 (16 U.S.C. 461 note) is 
        amended in the first sentence by striking ``Blackstone River

[[Page 113 STAT. 1501A-203]]

        Valley National Heritage Corridor'' and inserting ``John H. 
        Chafee Blackstone River Valley National Heritage Corridor''.
            (2) Section 3 of Public Law 99-647 (16 U.S.C. 461 note) is 
        amended--
                    (A) in the section heading, by striking ``blackstone 
                river valley national heritage corridor commission'' and 
                inserting ``john h. chafee blackstone river valley 
                national heritage corridor commission''; and
                    (B) in subsection (a), by striking ``Blackstone 
                River Valley National Heritage Corridor Commission'' and 
                inserting ``John H. Chafee Blackstone River Valley 
                National Heritage Corridor Commission''.

    Sec. 344. A project undertaken by the Forest Service under the 
Recreation Fee Demonstration Program as authorized by section 315 of the 
Department of the Interior and Related Agencies Appropriations Act for 
Fiscal Year 1996, as amended, shall not result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency.
            (2) the return of a commercial recreation service to the 
        Secretary for operation when such services have been provided in 
        the past by a private sector provider, except when--
                    (A) the private sector provider fails to bid on such 
                opportunities;
                    (B) the private sector provider terminates its 
                relationship with the agency; or
                    (C) the agency revokes the permit for non-compliance 
                with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration 
Program to provide for operations until a subsequent operator can be 
found through the offering of a new prospectus.
    Sec. 345. National Forest-Dependent Rural Communities Economic 
Diversification. (a) Findings and Purposes.--Section 2373 of the 
National Forest-Dependent Rural Communities Economic Diversification Act 
of 1990 (7 U.S.C. 6611) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``national 
                forests'' and inserting ``National Forest System land'';
                    (B) in paragraph (4), by striking ``the national 
                forests'' and inserting ``National Forest System land'';
                    (C) in paragraph (5), by striking ``forest 
                resources'' and inserting ``natural resources''; and
                    (D) in paragraph (6), by striking ``national forest 
                resources'' and inserting ``National Forest System land 
                resources''; and
            (2) in subsection (b)(1)--
                    (A) by striking ``national forests'' and inserting 
                ``National Forest System land''; and
                    (B) by striking ``forest resources'' and inserting 
                ``natural resources''.

    (b) Definitions.--Section 2374(1) of the National Forest-Dependent 
Rural Communities Economic Diversification Act of 1990

[[Page 113 STAT. 1501A-204]]

(7 U.S.C. 6612(1)) is amended by striking ``forestry'' and inserting 
``natural resources''.
    (c) Rural Forestry and Economic Diversification Action Teams.--
Section 2375(b) of the National Forest-Dependent Rural Communities 
Economic Diversification Act of 1990 (7 U.S.C. 6613(b)) is amended--
            (1) in the first sentence, by striking ``forestry'' and 
        inserting ``natural resources''; and
            (2) in the second and third sentences, by striking 
        ``national forest resources'' and inserting ``National Forest 
        System land resources''.

    (d) Action Plan Implementation.--Section 2376(a) of the National 
Forest-Dependent Rural Communities Economic Diversification Act of 1990 
(7 U.S.C. 6614(a)) is amended--
            (1) by striking ``forest resources'' and inserting ``natural 
        resources''; and
            (2) by striking ``national forest resources'' and inserting 
        ``National Forest System land resources''.

    (e) Training and Education.--Paragraphs (3) and (4) of section 
2377(a) of the National Forest-Dependent Rural Communities Economic 
Diversification Act of 1990 (7 U.S.C. 6615(a)) are amended by striking 
``national forest resources'' and inserting ``National Forest System 
land resources''.
    (f ) Loans to Economically Disadvantaged Rural Communities.--
Paragraphs (2) and (3) of section 2378(a) of the National Forest-
Dependent Rural Communities Economic Diversification Act of 1990 (7 
U.S.C. 6616(a)) are amended by striking ``national forest resources'' 
and inserting ``National Forest System land resources''.
    Sec. 346. Interstate 90 Land Exchange Amendment. (a) This section 
shall be referred to as the ``Interstate 90 Land Exchange Amendment''.
    (b) Section 604(a) of the Interstate 90 Land Exchange Act of 1998, 
Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by 
adding at the end of the first sentence: ``except title to offered lands 
and interests in lands described as follows: Township 21 North, Range 12 
East, Section 15, W.M., Township 21 North, Range 12 East, Section 23, 
W.M., Township 21 North, Range 12 East, Section 25, W.M., Township 19 
North, Range 13 East, Section 7, W.M., Township 19 North, Range 15 East, 
Section 31, W.M., Township 19 North, Range 14 East, Section 25, W.M., 
Township 22 North, Range 11 East, Section 3, W.M., and Township 22 
North, Range 11 East, Section 19, W.M. must be placed in escrow by Plum 
Creek, according to terms and conditions acceptable to the Secretary and 
Plum Creek, for a 3-year period beginning on the later of the date of 
the enactment of this Act or consummation of the exchange. During the 
period the lands are held in escrow, Plum Creek shall not undertake any 
activities on these lands, except for fire suppression and road 
maintenance, without the approval of the Secretary, which shall not be 
unreasonably withheld''.
    (c) Section 604(a) is further amended by inserting in section (2) 
after the words ``dated October 1998'' the following: ``except the 
following parcels: Township 19 North, Range 15 East, Section 29, W.M., 
Township 18 North, Range 15 East, Section 3, W.M., Township 19 North, 
Range 14 East, Section 9, W.M., Township 21 North, Range 14 East, 
Section 7, W.M., Township 22 North, Range 12 East, Section 35, W.M., 
Township 22 North, Range 13

[[Page 113 STAT. 1501A-205]]

East, Section 3, W.M., Township 22 North, Range 13 East, Section 9, 
W.M., Township 22 North, Range 13 East, Section 11, W.M., Township 22 
North, Range 13 East, Section 13, W.M., Township 22 North, Range 13 
East, Section 15, W.M., Township 22 North, Range 13 East, Section 25, 
W.M., Township 22 North, Range 13 East, Section 33, W.M., Township 22 
North, Range 13 East, Section 35, W.M., Township 22 North, Range 14 
East, Section 7, W.M., Township 22 North, Range 14 East, Section 9, 
W.M., Township 22 North, Range 14 East, Section 11, W.M., Township 22 
North, Range 14 East, Section 15, W.M., Township 22 North, Range 14 
East, Section 17, W.M., Township 22 North, Range 14 East, Section 21, 
W.M., Township 22 North, Range 14 East, Section 31, W.M., Township 22 
North, Range 14 East, Section 27, W.M. The appraisal approved by the 
Secretary of Agriculture on June 14, 1999 (the ``Appraisal'') shall be 
adjusted by subtracting the values for the parcels described in the 
preceding sentence determined during the Appraisal process in the 
context of the whole estate to be conveyed''.
    (d) Section 604(b) of the Interstate 90 Land Exchange Act of 1998, 
Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by 
inserting after the words ``offered land'' the following: ``, as 
provided in section 604(a), and placement in escrow of acceptable title 
to Township 22 North, Range 11 East, Section 3, W.M., Township 22 North, 
Range 11 East, Section 19, W.M., Township 21 North, Range 12 East, 
Section 15, W.M., Township 21 North, Range 12 East, Section 23, W.M., 
Township 21 North, Range 12 East, Section 25, W.M., Township 19 North, 
Range 13 East, Section 7, W.M., Township 19 North, Range 15 East, 
Section 31, W.M., and Township 19 North, Range 14 East, Section 25, 
W.M.''.
    (e) Section 604(b) is further amended by inserting the following 
before the colon: ``except Township 19 North, Range 10 East, W.M., 
Section 4, Township 20 North, Range 10 East, W.M., Section 32, and 
Township 21 North, Range 14 East, W.M., W\1/2\W\1/2\ of Section 16, 
Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13 
North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4 
East, Section 17 and the S\1/2\ of 16, W.M., which shall be retained by 
the United States''. The Appraisal shall be adjusted by subtracting the 
values determined for Township 19 North, Range 10 East, W.M., Section 4, 
Township 20 North, Range 10 East, W.M., Section 32, Township 12 North, 
Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East, 
Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and 
the S\1/2\ of Section 16, W.M. during the Appraisal process in the 
context of the whole estate to be conveyed.
    (f ) After adjustment of the Appraisal, the values of the offered 
and selected lands, including the offered lands held in escrow, shall be 
equalized as follows:
            (1) the appraised value of the offered lands, as such lands 
        and appraised value have been adjusted hereby, minus the 
        appraised value of the offered lands to be placed into escrow, 
        shall be compared to the appraised value of the selected lands, 
        as such lands and appraised value have been adjusted hereby, and 
        the Secretary shall equalize such values by the payment of cash 
        to Plum Creek at the time that deeds are exchanged, such cash to 
        come from currently appropriated funds, or, if necessary, by 
        reprogramming; and
            (2) the Secretary shall compensate Plum Creek for the lands 
        placed into escrow, based upon the values determined

[[Page 113 STAT. 1501A-206]]

        for each such parcel during the Appraisal process in the context 
        of the whole estate to be conveyed, through the following, 
        including any combination thereof:
                    (A) conveyance of any other lands under the 
                jurisdiction of the Secretary acceptable to Plum Creek 
                and the Secretary after compliance with all applicable 
                Federal environmental and other laws; and
                    (B) to the extent sufficient acceptable lands are 
                not available pursuant to paragraph (A) of this 
                subsection, cash payments as and to the extent funds 
                become available through appropriations, private 
                sources, or, if necessary, by reprogramming.

The Secretary shall promptly seek to identify lands acceptable to 
equalize values under paragraph (A) of this subsection and shall, not 
later than July 1, 2000, provide a report to the Congress outlining the 
results of such efforts.
    (g) As funds or lands are provided to Plum Creek by the Secretary, 
Plum Creek shall release to the United States deeds for lands and 
interests in lands held in escrow based on the values determined during 
the Appraisal process in the context of the whole estate to be conveyed. 
Deeds shall be released for lands and interests in lands in the 
following order: Township 21 North, Range 12 East, Section 15, W.M., 
Township 21 North, Range 12 East, Section 23, W.M., Township 21 North, 
Range 12 East, Section 25, W.M., Township 19 North, Range 13 East, 
Section 7, Township 19 North, Range 15 East, Section 31, Township 19 
North, Range 14 East, Section 25, Township 22 North, Range 11 East, 
Section 3, W.M., and Township 22 North, Range 11 East, Section 19, W.M.
    (h) Section 606(d) is hereby amended to read as follows: ``Timing.--
The Secretary and Plum Creek shall make the adjustments directed in 
section 604(a) and (b) and consummate the land exchange within 30 days 
of the enactment of the Interstate 90 Land Exchange Amendment, unless 
the Secretary and Plum Creek mutually agree to extend the consummation 
date.''.
    (i) The deadline for the Report to Congress required by section 
609(c) of the Interstate 90 Land Exchange Act of 1998 is hereby 
extended. Such Report is due to the Congress 18 months from the date of 
the enactment of this Interstate 90 Land Exchange Amendment.
    ( j) Section 610 of the Interstate 90 Land Exchange Act of 1998, is 
hereby amended by striking ``date of enactment of this Act'' and 
inserting ``first date on which deeds are exchanged to consummate the 
land exchange''.
    Sec. 347. The Snoqualmie National Forest Boundary Adjustment Act of 
1999. (a) In General.--The boundary of the Snoqualmie National Forest is 
hereby adjusted as generally depicted on a map entitled ``Snoqualmie 
National Forest 1999 Boundary Adjustment'' dated June 30, 1999. Such 
map, together with a legal description of all lands included in the 
boundary adjustment, shall be on file and available for public 
inspection in the Office of the Chief of the Forest Service in 
Washington, District of Columbia. Nothing in this subsection shall limit 
the authority of the Secretary of Agriculture to adjust the boundary 
pursuant to section 11 of the Weeks Law of March 1, 1911.
    (b) Rule for Land and Water Conservation Fund.--For the purposes of 
section 7 of the Land and Water Conservation

[[Page 113 STAT. 1501A-207]]

Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie 
National Forest, as adjusted by subsection (a), shall be considered to 
be the boundary of the Forest as of January 1, 1965.
    Sec. 348. Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 
2276(d)) is amended by redesignating paragraph (10) as paragraph (11) 
and by inserting after paragraph (9) the following new paragraph:
            ``(10) section 3(e) of the Forest and Rangeland Renewable 
        Resources Research Act of 1978 (16 U.S.C. 1642(e));''.

    Sec. 349. None of the funds appropriated or otherwise made available 
by this Act may be used to implement or enforce any provision in 
Presidential Executive Order No. 13123 regarding the Federal Energy 
Management Program which circumvents or contradicts any statutes 
relevant to Federal energy use and the measurement thereof.
    Sec. 350. Investment of Exxon Valdez Oil Spill Court Recovery in 
High Yield Investments and in Marine Research. (1) Notwithstanding any 
other provision of law and subject to the provisions of paragraphs (5) 
and (7), upon the joint motion of the United States and the State of 
Alaska and the issuance of an appropriate order by the United States 
District Court for the District of Alaska, the joint trust funds, or any 
portion thereof, including any interest accrued thereon, previously 
received or to be received by the United States and the State of Alaska 
pursuant to the Agreement and Consent Decree issued in United States v. 
Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon 
Corporation, et al. (No. A91-083 CIV) (hereafter referred to as the 
``Consent Decree''), may be deposited in--
            (A) the Natural Resource Damage Assessment and Restoration 
        Fund (hereafter referred to as the ``Fund'') established in 
        title I of the Department of the Interior and Related Agencies 
        Appropriations Act, 1992 (Public Law 102-154; 43 U.S.C. 1474b);
            (B) accounts outside the United States Treasury (hereafter 
        referred to as ``outside accounts''); or
            (C) both.

Any funds deposited in an outside account may be invested only in 
income-producing obligations and other instruments or securities that 
have been determined unanimously by the Federal and State natural 
resource trustees for the Exxon Valdez oil spill (``trustees'') to have 
a high degree of reliability and security.
    (2) Joint trust funds deposited in the Fund or an outside account 
that have been approved unanimously by the Trustees for expenditure by 
or through a State or Federal agency shall be transferred promptly from 
the Fund or the outside account to the State of Alaska or United States 
upon the joint request of the governments.
    (3) The transfer of joint trust funds outside the Court Registry 
shall not affect the supervisory jurisdiction of the district court 
under the Consent Decree or the Memorandum of Agreement and Consent 
Decree in United States v. State of Alaska (No. A91-081-CIV) over all 
expenditures of the joint trust funds.
    (4) Nothing herein shall affect the requirement of section 207 of 
the dire emergency supplemental appropriations and transfers for relief 
from the effects of natural disasters, for other urgent needs, and for 
the incremental cost of ``Operation Desert Shield/

[[Page 113 STAT. 1501A-208]]

Desert Storm'' Act of 1992 (Public Law 102-229; 42 U.S.C. 1474b note) 
that amounts received by the United States and designated by the 
trustees for the expenditure by or through a Federal agency must be 
deposited into the Fund.
    (5) All remaining settlement funds are eligible for the investment 
authority granted under this section so long as they are managed and 
allocated consistent with the Resolution of the Trustees adopted March 
1, 1999, concerning the Restoration Reserve, as follows:
            (A) $55 million of the funds remaining on October 1, 2002, 
        and the associated earnings thereafter shall be managed and 
        allocated for habitat protection programs including small parcel 
        habitat acquisitions. Such sums shall be reduced by--
                    (i) the amount of any payments made after the date 
                of enactment of this Act from the Joint Trust Funds 
                pursuant to an agreement between the Trustee Council and 
                Koniag, Inc., which includes those lands which are 
                presently subject to the Koniag Non-Development 
                Easement, including, but not limited to, the 
                continuation or modification of such Easement; and
                    (ii) payments in excess of $6.32 million for any 
                habitat acquisition or protection from the joint trust 
                funds after the date of enactment of this Act and prior 
                to October 1, 2002, other than payments for which the 
                Council is currently obligated through purchase 
                agreements with the Kodiak Island Borough, Afognak Joint 
                Venture and the Eyak Corporation.
            (B) All other funds remaining on October 1, 2002, and the 
        associated earnings shall be used to fund a program, consisting 
        of--
                    (i) marine research, including applied fisheries 
                research;
                    (ii) monitoring; and
                    (iii) restoration, other than habitat acquisition, 
                which may include community and economic restoration 
                projects and facilities (including projects proposed by 
                the communities of the EVOS Region or the fishing 
                industry), consistent with the Consent Decree.

    (6) The Federal trustees and the State trustees, to the extent 
authorized by State law, are authorized to issue grants as needed to 
implement this program.
    (7) The authority provided in this section shall expire on September 
30, 2002, unless by September 30, 2001, the Trustees have submitted to 
the Congress a report recommending a structure the Trustees believe 
would be most effective and appropriate for the administration and 
expenditure of remaining funds and interest received. Upon the 
expiration of the authorities granted in this section all monies in the 
Fund or outside accounts shall be returned to the Court Registry or 
other account permitted by law.
    Sec. 351. Youth Conservation Corps and Related Partnerships. (a) 
Notwithstanding any other provision of this Act, there shall be 
available for high priority projects which shall be carried out by the 
Youth Conservation Corps as authorized by Public Law 91-378, or related 
partnerships with non-Federal youth conservation corps or entities such 
as the Student Conservation Association, up to $1,000,000 of the funds 
available to the Bureau of Land Management under this Act, in order to 
increase the number of

[[Page 113 STAT. 1501A-209]]

summer jobs available for youths, ages 15 through 22, on Federal lands.
    (b) Within 6 months after the date of the enactment of this Act, the 
Secretary of Agriculture and the Secretary of the Interior shall jointly 
submit a report to the House and Senate Committees on Appropriations and 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives that includes the 
following--
            (1) the number of youths, ages 15 through 22, employed 
        during the summer of 1999, and the number estimated to be 
        employed during the summer of 2000, through the Youth 
        Conservation Corps, the Public Land Corps, or a related 
        partnership with a State, local or nonprofit youth conservation 
        corps or other entities such as the Student Conservation 
        Association;
            (2) a description of the different types of work 
        accomplished by youths during the summer of 1999;
            (3) identification of any problems that prevent or limit the 
        use of the Youth Conservation Corps, the Public Land Corps, or 
        related partnerships to accomplish projects described in 
        subsection (a);
            (4) recommendations to improve the use and effectiveness of 
        partnerships described in subsection (a); and
            (5) an analysis of the maintenance backlog that identifies 
        the types of projects that the Youth Conservation Corps, the 
        Public Land Corps, or related partnerships are qualified to 
        complete.

    Sec. 352. (a) North Pacific Research Board.--Section 401 of Public 
Law 105-83 is amended as follows:
            (1) In subsection (c)--
                    (A) by striking ``available for appropriation, to 
                the extent provided in the subsequent appropriations 
                Acts,'' and inserting ``made available'';
                    (B) by inserting ``To the extent provided in the 
                subsequent appropriations Acts,'' at the beginning of 
                paragraph (1);
                    (C) by inserting ``without further appropriation'' 
                after ``20 percent of such amounts shall be made 
                available''; and
            (2) by striking subsection (f ).

    Sec. 353. None of the funds in this Act may be used by the Secretary 
of the Interior to issue a prospecting permit for hardrock mineral 
exploration on Mark Twain National Forest land in the Current River/
Jack's Fork River--Eleven Point Watershed (not including Mark Twain 
National Forest land in Townships 31N and 32N, Range 2 and Range 3 West, 
on which mining activities are taking place as of the date of the 
enactment of this Act): Provided, That none of the funds in this Act may 
be used by the Secretary of the Interior to segregate or withdraw land 
in the Mark Twain National Forest, Missouri under section 204 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714).
    Sec. 354. Public Law 105-83, the Department of the Interior and 
Related Agencies Appropriations Act of November 17, 1997, title III, 
section 331 is hereby amended by adding before the period: ``: Provided 
further, That to carryout the provisions of this section,

[[Page 113 STAT. 1501A-210]]

the Bureau of Land Management and the Forest Service may establish 
Transfer Appropriation Accounts (also known as allocation accounts) as 
needed''.
    Sec. 355. White River National Forest.--The Forest Service shall 
extend the public comment period on the White River National Forest plan 
revision for 90 days beyond February 9, 2000.
    Sec. 356. The first section of Public Law 99-215 (99 Stat. 1724), as 
amended by section 597 of the Water Resources Development Act of 1999 
(Public Law 106-53), is further amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following new 
        subsections:

    ``(c) The National Capital Planning Commission shall vacate and 
terminate an Easement and Declaration of Covenants, dated February 2, 
1989, conveyed by the owner of the adjacent real property pursuant to 
subsection (b)(1)(D) in exchange for, and not later than 30 days after, 
the vacation and termination of the Deed of Easement, dated January 4, 
1989, conveyed by the Maryland National Capital Park and Planning 
Commission pursuant to subsection (b)(1).
    ``(d) Effective on the date of the enactment of this subsection, the 
memorandum of May 7, 1985, and any amendments thereto, shall 
terminate.''.
    Sec. 357. None of the funds in this Act or any other Act shall be 
used by the Secretary of the Interior to promulgate final rules to 
revise 43 CFR subpart 3809, except that the Secretary, following the 
public comment period required by section 3002 of Public Law 106-31, may 
issue final rules to amend 43 C.F.R. Subpart 3809 which are not 
inconsistent with the recommendations contained in the National Research 
Council report entitled ``Hardrock Mining on Federal Lands'' so long as 
these regulations are also not inconsistent with existing statutory 
authorities. Nothing in this section shall be construed to expand the 
existing statutory authority of the Secretary.

      TITLE IV--MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Mississippi National Forest 
Improvement Act of 1999''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Agreement.--The term ``Agreement'' means the Agreement 
        described in section 405(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) State.--The term ``State'' means the State of 
        Mississippi.
            (4) University.--The term ``University'' means the 
        University of Mississippi.
            (5) University land.--The term ``University land'' means 
        land described in section 404(a).

[[Page 113 STAT. 1501A-211]]

SEC. 403. CONVEYANCE OF ADMINISTRATIVE SITES AND SMALL PARCELS.

    (a) In General.--The Secretary may, under such terms and conditions 
as the Secretary may prescribe, sell or exchange any or all right, 
title, and interest of the United States in and to the following tracts 
of land in the State:
            (1) Gulfport Laboratory Site, consisting of approximately 10 
        acres, as depicted on the map entitled ``Gulfport Laboratory 
        Site, May 21, 1998''.
            (2) Raleigh Dwelling Site No. 1, consisting of approximately 
        0.44 acre, as depicted on the map entitled ``Raleigh Dwelling 
        Site No. 1, May 21, 1998''.
            (3) Raleigh Dwelling Site No. 2, consisting of approximately 
        0.47 acre, as depicted on the map entitled ``Raleigh Dwelling 
        Site No. 2, May 21, 1998''.
            (4) Rolling Fork Dwelling Site, consisting of approximately 
        0.303 acre, as depicted on the map entitled ``Rolling Fork 
        Dwelling Site, May 21, 1998''.
            (5) Gloster Dwelling Site, consisting of approximately 0.55 
        acre, as depicted on the map entitled ``Gloster Dwelling Site, 
        May 21, 1998''.
            (6) Gloster Office Site, consisting of approximately 1.00 
        acre, as depicted on the map entitled ``Gloster Office Site, May 
        21, 1998''.
            (7) Gloster Work Center Site, consisting of approximately 
        2.00 acres, as depicted on the map entitled ``Gloster Work 
        Center Site, May 21, 1998''.
            (8) Holly Springs Dwelling Site, consisting of approximately 
        0.31 acre, as depicted on the map entitled ``Holly Springs 
        Dwelling Site, May 21, 1998''.
            (9) Isolated parcels of National Forest land located in 
        Township 5 South, Ranges 12 and 13 West, and in Township 3 
        North, Range 12 West, sections 23, 33, and 34, St. Stephens 
        Meridian.
            (10) Isolated parcels of National Forest land acquired after 
        the date of the enactment of this Act from the University of 
        Mississippi located in George and Jackson Counties.
            (11) Approximately 20 acres of National Forest land and 
        structures located in Township 6 North, Range 3 East, Section 
        30, Washington Meridian.

    (b) Consideration.--Consideration for a sale or exchange of land 
under subsection (a) may include the acquisition of land, existing 
improvements, or improvements constructed to the specifications of the 
Secretary.
    (c) Applicable Law.--Except as otherwise provided in this section, 
any sale or exchange of land under subsection (a) shall be subject to 
the laws (including regulations) applicable to the conveyance and 
acquisition of land for the National Forest System.
    (d) Cash Equalization.--Notwithstanding any other provision of law, 
the Secretary may accept a cash equalization payment in excess of 25 
percent of the value of land exchanged under subsection (a).
    (e) Solicitation of Offers.--
            (1) In general.--The Secretary may solicit offers for the 
        sale or exchange of land under this section on such terms and 
        conditions as the Secretary may prescribe.

[[Page 113 STAT. 1501A-212]]

            (2) Rejection of offers.--The Secretary may reject any offer 
        made under this section if the Secretary determines that the 
        offer is not adequate or not in the public interest.

    (f ) Deposit of Proceeds.--The Secretary shall deposit the proceeds 
of a sale or exchange under subsection (a) in the fund established under 
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
    (g) Use of Proceeds.--Funds deposited under subsection (f ) shall be 
available until expended for--
            (1) the construction of a research laboratory and office 
        facility at the Forest Service administrative site located at 
        the Mississippi State University at Starkville, Mississippi;
            (2) the acquisition, construction, or improvement of 
        administrative facilities in connection with units of the 
        National Forest System in the State; and
            (3) the acquisition of land and interests in land for units 
        of the National Forest System in the State.

SEC. 404. DE SOTO NATIONAL FOREST ADDITION.

    (a) Acquisition.--The Secretary may acquire for fair market value 
all right, title, and interest in land owned by the University of 
Mississippi within or near the boundaries of the De Soto National Forest 
in Stone, George, and Jackson Counties, Mississippi, comprising 
approximately 22,700 acres.
    (b) Boundaries.--
            (1) In general.--The boundaries of the De Soto National 
        Forest shall be modified as depicted on the map entitled ``De 
        Soto National Forest Boundary Modification--April, 1999'' to 
        include any acquisition of University land under this section.
            (2) Availability of map.--The map described in paragraph (1) 
        shall be available for public inspection in the office of the 
        Chief of the Forest Service in Washington, District of Columbia.
            (3) Allocation of moneys for federal purposes.--For the 
        purpose of section 7 of the Land and Water Conservation Fund Act 
        of 1965 (16 U.S.C. 460l-9), the boundaries of the De Soto 
        National Forest, as modified by this subsection, shall be 
        considered the boundaries of the De Soto National Forest as of 
        January 1, 1965.

    (c) Management.--
            (1) In general.--The Secretary shall assume possession and 
        all management responsibilities for University land acquired 
        under this section on the date of acquisition.
            (2) Cooperative management agreement.--For the fiscal year 
        containing the date of the enactment of this Act and each of the 
        four fiscal years thereafter, the Secretary may enter into a 
        cooperative agreement with the University that provides for 
        Forest Service management of any University land acquired, or 
        planned to be acquired, under this section.
            (3) Administration.--University land acquired under this 
        section shall be--
                    (A) subject to the Act of March 1, 1911 (16 U.S.C. 
                480 et seq.) (commonly known as the ``Weeks Act'') and 
                other laws (including regulations) pertaining to the 
                National Forest System; and
                    (B) managed in a manner that is consistent with the 
                land and resource management plan applicable to the De

[[Page 113 STAT. 1501A-213]]

                Soto National Forest on the date of the enactment of 
                this Act, until the plan is revised in accordance with 
                the regularly scheduled process for revision.

SEC. 405. FRANKLIN COUNTY LAND.

    (a) In General.--The Agreement dated April 24, 1999, entered into 
between the Secretary, the State, and the Franklin County School Board 
that provides for the Federal acquisition of land owned by the State for 
the construction of the Franklin Lake Dam in Franklin County, 
Mississippi, is ratified and the parties to the Agreement are authorized 
to implement the terms of the Agreement.
    (b) Federal Grant.--
            (1) In general.--Subject to reservations and exceptions 
        contained in the Agreement, there is granted and quit claimed to 
        the State all right, title, and interest of the United States in 
        the federally-owned land described in Exhibit A to the 
        Agreement.
            (2) Management.--The land granted to the State under the 
        Agreement shall be managed as school land grants.

    (c) Acquisition of State Land.--
            (1) In general.--All right, title, and interest in and to 
        the 655.94 acres of land described as Exhibit B to the Agreement 
        is vested in the United States along with the right of immediate 
        possession by the Secretary.
            (2) Compensation.--Compensation owed to the State and the 
        Franklin County School Board for the land described in paragraph 
        (1) shall be provided in accordance with the Agreement.

    (d) Correction of Descriptions.--The Secretary and the Secretary of 
State of the State may, by joint modification of the Agreement, make 
minor corrections to the descriptions of the land described on Exhibits 
A and B to the Agreement.
    (e) Security Interest.--
            (1) In general.--Any cash equalization indebtedness owed to 
        the United States pursuant to the Agreement shall be secured 
        only by the timber on the granted land described in Exhibit A of 
        the Agreement.
            (2) Loss of security.--The United States shall have no 
        recourse against the State or the Franklin County School Board 
        as the result of the loss of the security described in paragraph 
        (1) due to fire, insects, natural disaster, or other 
        circumstance beyond the control of the State or Board.
            (3) Release of liens.--On payment of cash equalization as 
        required by the Agreement, the Secretary (or the Supervisor of 
        the National Forests in the State or other authorized 
        representative of the Secretary) shall release any liens on the 
        granted land described in Exhibit A of the Agreement.

SEC. 406. DISPOSITION OF FUNDS FROM LAND CONVEYANCES.

    (a) In General.--The Secretary shall deposit any funds received by 
the United States from land conveyances authorized under section 405 in 
the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly 
known as the ``Sisk Act'').
    (b) Use.--Funds deposited in the fund under subsection (a) shall be 
available until expended for the acquisition of land and interests in 
land for the National Forest System in the State.

[[Page 113 STAT. 1501A-214]]

    (c) Partial Distribution.--Any funds received by the United States 
from land conveyances authorized under this Act shall not be subject to 
partial distribution to the State under--
            (1) the Act entitled ``An Act making appropriations for the 
        Department of Agriculture for the fiscal year ending June 
        thirtieth, nineteen hundred and nine'', approved May 23, 1908 
        (35 Stat. 260, chapter 192; 16 U.S.C. 500);
            (2) section 13 of the Act of March 1, 1911 (36 Stat. 963, 
        chapter 186; 16 U.S.C. 500); or
            (3) any other law.

SEC. 407. PHOTOGRAPHIC REPRODUCTIONS AND MAPS.

    Section 387 of the Act of February 16, 1938 (7 U.S.C. 1387) is 
amended in the first sentence--
            (1) by striking ``such'' the first place it appears and 
        inserting ``information such as geo-referenced data from all 
        sources,'';
            (2) by striking ``(not less than estimated cost of 
        furnishing such reproductions)''; and
            (3) by inserting after ``determine'' the following: ``(but 
        not less than the estimated costs of data processing, updating, 
        revising, reformatting, repackaging and furnishing the 
        reproductions and information)''.

SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

      TITLE V--UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND

    Sec. 501. Notwithstanding any other provision of law, an amount of 
$68,000,000 in interest credited to the fund established by section 401 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1231) for fiscal years 1993 through 1995 not transferred to the Combined 
Fund identified in section 402(h)(2) of such Act shall be transferred to 
such Combined Fund within 30 days after the enactment of this Act to pay 
the amount of any shortfall in any premium account for any plan year 
under the Combined Fund. The entire amount transferred by this section 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

         TITLE VI--PRIORITY LAND ACQUISITIONS AND LAND EXCHANGES

    Sec. 601. For priority land acquisitions, land exchange agreements, 
and other activities consistent with the Land and Water Conservation 
Fund Act of 1965, as amended, $197,500,000, to be derived from the Land 
and Water Conservation Fund and to remain available until September 30, 
2003, of which $81,000,000 is available to the Secretary of Agriculture 
and $116,500,000 is available to the Secretary of the Interior: 
Provided, That of the funds made available to the Secretary of 
Agriculture, not to exceed $61,000,000 may be used to acquire interests 
to protect and preserve the Baca Ranch, subject to the same terms and 
conditions placed on other funds provided for this purpose in this Act 
under the heading

[[Page 113 STAT. 1501A-215]]

``Forest Service, Land Acquisition'', and $5,000,000 shall be available 
for the Forest Legacy program notwithstanding any other provision of 
law: Provided further, That of the funds made available to the Secretary 
of the Interior, $10,000,000 shall be available for Elwha River 
ecosystem restoration, and $5,000,000 shall be available for maintenance 
in the National Park Service, notwithstanding any other provision of 
law, $20,000,000 shall be available for the State assistance program, 
not to exceed $5,000,000 may be used to acquire interests to protect and 
preserve the California desert, not to exceed $2,000,000 may be used to 
acquire interests to protect and preserve the Rhode Island National 
Wildlife Refuge Complex, not to exceed $19,500,000 may be used to 
acquire mineral rights within the Grand Staircase-Escalante National 
Monument, and not to exceed $35,000,000 may be for State grants for land 
acquisition in the State of Florida, subject to the same terms and 
conditions placed on other funds provided for this purpose in this Act 
under the heading ``National Park Service, Land Acquisition and State 
Assistance'': Provided further, That none of the funds appropriated 
under this title for purposes other than for State grants for land 
acquisition in the State of Florida, the State assistance program, Elwha 
River ecosystem restoration, or acquisitions of interests in the Baca 
Ranch, the California desert, the Grand Staircase-Escalante National 
Monument, and the Rhode Island National Wildlife Refuge Complex shall be 
available until the House Committee on Appropriations and the Senate 
Committee on Appropriations approve, in writing, a list of projects to 
be undertaken with such funds.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2000''.

[[Page 113 STAT. 1501A-217]]



                          APPENDIX D--H.R. 3424

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2000, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Investment Act, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
Workforce Investment Act; the Stewart B. McKinney Homeless Assistance 
Act; the Women in Apprenticeship and Nontraditional Occupations Act; the 
National Skill Standards Act of 1994; and the School-to-Work 
Opportunities Act; $3,002,618,000 plus reimbursements, of which 
$1,650,153,000 is available for obligation for the period July 1, 2000 
through June 30, 2001; of which $1,250,965,000 is available for 
obligation for the period April 1, 2000 through June 30, 2001; of which 
$35,500,000 is available for the period July 1, 2000 through June 30, 
2003 including $34,000,000 for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers, and $1,500,000 
under authority of section 171(d) of the Workforce Investment Act for 
use by the Organizing Committee for the 2001 Special Olympics World 
Winter Games in Alaska to promote employment opportunities for 
individuals with disabilities and other staffing needs; and of which 
$55,000,000 shall be available from July 1, 2000 through September 30, 
2001, for carrying out activities of the School-to-Work Opportunities 
Act: Provided, That $58,800,000 shall be for carrying out section 166 of 
the Workforce Investment Act, including $5,000,000 for carrying out 
section 166( j)(1) of the Workforce Investment Act, including the 
provision of assistance to American Samoans who reside in Hawaii for the 
co-location of federally funded and State-funded workforce investment 
activities, and $7,000,000 shall be for carrying out the National Skills 
Standards Act of 1994: Provided further, That no funds from any other 
appropriation shall be used to provide meal services at or for Job Corps 
centers: Provided further, That funds provided to carry out section 
171(d) of such Act may be used for demonstration projects that provide 
assistance to new entrants in the workforce and incumbent workers: 
Provided further, That funding provided to carry out projects under

[[Page 113 STAT. 1501A-218]]

section 171 of the Workforce Investment Act of 1998 that are identified 
in the Conference Agreement, shall not be subject to the requirements of 
section 171(b)(2)(B) of such Act, the requirements of section 
171(c)(4)(D) of such Act, or the joint funding requirements of sections 
171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further, That 
funding appropriated herein for Dislocated Worker Employment and 
Training Activities under section 132(a)(2)(A) of the Workforce 
Investment Act of 1998 may be distributed for Dislocated Worker Projects 
under section 171(d) of the Act without regard to the 10 percent 
limitation contained in section 171(d) of the Act.
    For necessary expenses of the Workforce Investment Act, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which 
$2,363,000,000 is available for obligation for the period October 1, 
2000 through June 30, 2001; and of which $100,000,000 is available for 
the period October 1, 2000 through June 30, 2003, for necessary expenses 
of construction, rehabilitation, and acquisition of Job Corps centers.

            community service employment for older americans

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act 
of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $343,356,000.
    To carry out the activities for grants to States under paragraph (3) 
of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $96,844,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; and for training, 
allowances for job search and relocation, and related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $415,150,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $163,452,000, together with 
not to exceed $3,090,288,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980), which may be expended from the Employment Security Administration 
account in the Unemployment Trust Fund including the cost of 
administering section 1201 of the Small Business Job Protection Act of 
1996, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act 
of 1974, as amended, the Immigration Act of 1990, and the Immigration 
and

[[Page 113 STAT. 1501A-219]]

Nationality Act, as amended, and of which the sums available in the 
allocation for activities authorized by title III of the Social Security 
Act, as amended (42 U.S.C. 502-504), and the sums available in the 
allocation for necessary administrative expenses for carrying out 5 
U.S.C. 8501-8523, shall be available for obligation by the States 
through December 31, 2000, except that funds used for automation 
acquisitions shall be available for obligation by the States through 
September 30, 2002; and of which $163,452,000, together with not to 
exceed $738,283,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2000 
through June 30, 2001, to fund activities under the Act of June 6, 1933, 
as amended, including the cost of penalty mail authorized under 39 
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for 
such purpose, and of which $125,000,000 shall be available only to the 
extent necessary for additional State allocations to administer 
unemployment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes in a 
State law: Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 2000 is projected by the Department 
of Labor to exceed 2,638,000, an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of the 
Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

         advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2001, $356,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2000, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$100,944,000, including $6,431,000 to support up to 75 full-time 
equivalent staff, the majority of which will be term Federal 
appointments lasting no more than 1 year, to administer welfare-to-work 
grants, together with not to exceed $45,056,000, which

[[Page 113 STAT. 1501A-220]]

may be expended from the Employment Security Administration account in 
the Unemployment Trust Fund.

               Pension and Welfare Benefits Administration

                          salaries and expenses

    For necessary expenses for the Pension and Welfare Benefits 
Administration, $99,000,000.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 2000, for such Corporation: Provided, That 
not to exceed $11,155,000 shall be available for administrative expenses 
of the Corporation: Provided further, That expenses of such Corporation 
in connection with the termination of pension plans, for the 
acquisition, protection or management, and investment of trust assets, 
and for benefits administration services shall be considered as non-
administrative expenses for the purposes hereof, and excluded from the 
above limitation.

                   Employment Standards Administration

                          salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $337,260,000, together with 
$1,740,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44( j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $2,000,000 shall be for the 
development of an alternative system for the electronic submission of 
reports as required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, That 
the Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to the Secretary of Labor, in accordance with the 
terms of the Consent Judgment in Civil Action No. 91-0027 of the United 
States District Court for the District of the Northern Mariana Islands 
(May 21, 1992): Provided further, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and issuing 
certificates under sections 11(d) and 14 of the Fair Labor Standards Act 
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing 
applications and issuing registrations under title I of the

[[Page 113 STAT. 1501A-221]]

Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by title 5, chapter 81 of the United States Code; 
continuation of benefits as provided for under the heading ``Civilian 
War Benefits'' in the Federal Security Agency Appropriation Act, 1947; 
the Employees' Compensation Commission Appropriation Act, 1944; sections 
4(c) and 5(f ) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 
50 percent of the additional compensation and benefits required by 
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as 
amended, $79,000,000 together with such amounts as may be necessary to 
be charged to the subsequent year appropriation for the payment of 
compensation and other benefits for any period subsequent to August 15 
of the current year: Provided, That amounts appropriated may be used 
under section 8104 of title 5, United States Code, by the Secretary of 
Labor to reimburse an employer, who is not the employer at the time of 
injury, for portions of the salary of a reemployed, disabled 
beneficiary: Provided further, That balances of reimbursements 
unobligated on September 30, 1999, shall remain available until expended 
for the payment of compensation, benefits, and expenses: Provided 
further, That in addition there shall be transferred to this 
appropriation from the Postal Service and from any other corporation or 
instrumentality required under section 8147(c) of title 5, United States 
Code, to pay an amount for its fair share of the cost of administration, 
such sums as the Secretary determines to be the cost of administration 
for employees of such fair share entities through September 30, 2000: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration, $21,849,000 
shall be made available to the Secretary as follows: (1) for the 
operation of and enhancement to the automated data processing systems, 
including document imaging and medical bill review, in support of 
Federal Employees' Compensation Act administration, $13,433,000; (2) for 
program staff training to operate the new imaging system, $1,300,000; 
(3) for the periodic roll review program, $7,116,000; and (4) the 
remaining funds shall be paid into the Treasury as miscellaneous 
receipts: Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under chapter 
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as 
part of such notice and claim, such identifying information (including 
Social Security account number) as such regulations may prescribe.

                    black lung disability trust fund

                      (including transfer of funds)

    For payments from the Black Lung Disability Trust Fund, 
$1,013,633,000, of which $963,506,000 shall be available until September 
30, 2001, for payment of all benefits as authorized by section 
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as 
amended, and interest on advances as authorized by

[[Page 113 STAT. 1501A-222]]

section 9501(c)(2) of that Act, and of which $28,676,000 shall be 
available for transfer to Employment Standards Administration, Salaries 
and Expenses, $20,783,000 for transfer to Departmental Management, 
Salaries and Expenses, $312,000 for transfer to Departmental Management, 
Office of Inspector General, and $356,000 for payment into miscellaneous 
receipts for the expenses of the Department of Treasury, for expenses of 
operation and administration of the Black Lung Benefits program as 
authorized by section 9501(d)(5) of that Act: Provided, That, in 
addition, such amounts as may be necessary may be charged to the 
subsequent year appropriation for the payment of compensation, interest, 
or other benefits for any period subsequent to August 15 of the current 
year.

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $382,000,000, including not to exceed $82,000,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act, which grants shall be 
no less than 50 percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by the 
Secretary under section 18 of the Occupational Safety and Health Act of 
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $750,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, 
during the fiscal year ending September 30, 2000, to collect and retain 
fees for services provided to Nationally Recognized Testing 
Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Occupational Safety and Health Act of 
1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Occupational Safety 
and Health Act of 1970 with respect to any employer of 10 or fewer 
employees who is included within a category having an occupational 
injury lost workday case rate, at the most precise Standard Industrial 
Classification Code for which such data are published, less than the 
national average rate as such rates are most recently published by the 
Secretary, acting through the Bureau of Labor Statistics, in accordance 
with section 24 of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;

[[Page 113 STAT. 1501A-223]]

            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act:

Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees.

                  Mine Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $228,373,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; including not to exceed 
$750,000 may be collected by the National Mine Health and Safety Academy 
for room, board, tuition, and the sale of training materials, otherwise 
authorized by law to be collected, to be available for mine safety and 
health education and training activities, notwithstanding 31 U.S.C. 
3302; the Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or private; 
the Mine Safety and Health Administration is authorized to promote 
health and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; and 
any funds available to the department may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                          salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $357,781,000, of which $6,986,000 
shall be for expenses of revising the Consumer Price Index and shall 
remain available until September 30, 2001, together with not to exceed 
$55,663,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund.

[[Page 113 STAT. 1501A-224]]

                         Departmental Management

                          salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to $7,250,000 for the President's 
Committee on Employment of People With Disabilities, and including the 
management or operation of Departmental bilateral and multilateral 
foreign technical assistance, $241,478,000; together with not to exceed 
$310,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund: Provided, That no 
funds made available by this Act may be used by the Solicitor of Labor 
to participate in a review in any United States court of appeals of any 
decision made by the Benefits Review Board under section 21 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
such participation is precluded by the decision of the United States 
Supreme Court in Director, Office of Workers' Compensation Programs v. 
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any 
provisions to the contrary contained in Rule 15 of the Federal Rules of 
Appellate Procedure: Provided further, That no funds made available by 
this Act may be used by the Secretary of Labor to review a decision 
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
et seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for more 
than 1 year shall be considered affirmed by the Benefits Review Board on 
the 1-year anniversary of the filing of the appeal, and shall be 
considered the final order of the Board for purposes of obtaining a 
review in the United States courts of appeals: Provided further, That 
these provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).

        assistant secretary for veterans employment and training

    Not to exceed $184,341,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2000.

                       office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $48,095,000, together with not to exceed $3,830,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

[[Page 113 STAT. 1501A-225]]

                           (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. The Secretary of Labor shall transfer, without charge or 
consideration, to the City of Salinas in the State of California, all 
right, title, and interest (including any equitable interest) the United 
States holds in the real property located at 342 Front Street, Salinas, 
California (Reference No. SSL-493), to the extent such right, such 
title, or such interest was acquired as a result of any loan, grant, 
guarantee, or other benefit provided by the Secretary to or for the 
benefit of such city.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2000''.

            TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                      health resources and services

    For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of 
the Public Health Service Act, section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V and section 1820 of the Social Security 
Act, the Health Care Quality Improvement Act of 1986, as amended, and 
the Native Hawaiian Health Care Act of 1988, as amended, $4,584,721,000, 
of which $150,000 shall remain available until expended for interest 
subsidies on loan guarantees made prior to fiscal year 1981 under part B 
of title VII of the Public Health Service Act, and of which $122,182,000 
shall be available for the construction and renovation of health care 
and other facilities, and of which $25,000,000 from general revenues, 
notwithstanding section 1820( j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under section 1820 of such Act: Provided, That the 
Division of Federal Occupational Health may utilize personal services 
contracting to employ professional management/administrative and 
occupational health professionals: Provided further, That of the funds 
made available under this heading, $250,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That in addition to fees authorized by 
section 427(b) of the Health Care Quality Improvement Act of 1986, fees 
shall be collected for the full disclosure of information under the Act 
sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until expended to 
carry out that Act: Provided further, That no more than $5,000,000 is 
available for carrying out the provisions of Public Law 104-73: Provided 
further, That of the funds made available under this heading, 
$238,932,000 shall be for the program under title X of the Public Health 
Service Act to provide for voluntary family planning projects: Provided

[[Page 113 STAT. 1501A-226]]

further, That amounts provided to said projects under such title shall 
not be expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That $528,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the Public Health Service Act: Provided 
further, That, notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $109,307,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) of such Act: Provided further, That of the amount provided 
under this heading, $40,000,000 shall be available for children's 
hospitals graduate medical education payments, subject to authorization: 
Provided further, That of the amount provided under this heading, 
$900,000 shall be for the American Federation of Negro Affairs Education 
and Research Fund.

               medical facilities guarantee and loan fund

            federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $1,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be available without 
fiscal year limitation for the payment of interest subsidies. During the 
fiscal year, no commitments for direct loans or loan guarantees shall be 
made.

                health education assistance loans program

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, as 
amended. For administrative expenses to carry out the guaranteed loan 
program, including section 709 of the Public Health Service Act, 
$3,688,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,000,000 shall be 
available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                 disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, 
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20, 
21, and 22 of the Occupational Safety and Health Act of 1970, title IV 
of the Immigration and Nationality

[[Page 113 STAT. 1501A-227]]

Act and section 501 of the Refugee Education Assistance Act of 1980; 
including insurance of official motor vehicles in foreign countries; and 
hire, maintenance, and operation of aircraft, $2,910,761,000 of which 
$60,000,000 shall remain available until expended for equipment and 
construction and renovation of facilities, and in addition, such sums as 
may be derived from authorized user fees, which shall be credited to 
this account: Provided, That in addition to amounts provided herein, up 
to $71,690,000 shall be available from amounts available under section 
241 of the Public Health Service Act, to carry out the National Center 
for Health Statistics surveys: Provided further, That none of the funds 
made available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used to advocate or promote gun 
control: Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, section 3, 
dated November 3, 1990, to activities the Director may so designate: 
Provided further, That the Congress is to be notified promptly of any 
such transfer: Provided further, That notwithstanding any other 
provision of law, a single contract or related contracts for the 
development and construction of the infectious disease laboratory 
through the General Services Administration may be employed which 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18: Provided further, 
That not to exceed $10,000,000 may be available for making grants under 
section 1509 of the Public Health Service Act to not more than 10 
States: Provided further, That of the amount provided under this 
heading, $3,000,000 shall be for the Center for Environmental Medicine 
and Toxicology at the University of Mississippi Medical Center at 
Jackson; $2,000,000 shall be for the University of Mississippi 
phytomedicine project; $500,000 shall be for the Alaska aviation safety 
initiative; and $1,000,000 shall be for the University of South Alabama 
birth defects monitoring and prevention activities.
    In addition, $51,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 of 
Public Law 103-322.

                      National Institutes of Health

                        national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $3,332,317,000.

                national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,040,291,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $270,253,000.

[[Page 113 STAT. 1501A-228]]

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,147,588,000.

         national institute of neurological disorders and stroke

     For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,034,886,000.

          national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$1,803,063,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,361,668,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$862,884,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$452,706,000.

           national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$444,817,000.

                       national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $690,156,000.

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $351,840,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$265,185,000.

[[Page 113 STAT. 1501A-229]]

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $90,000,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $293,935,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $689,448,000.

                   national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $978,360,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $337,322,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $680,176,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants program 
any amount for indirect expenses in connection with such grants: 
Provided further, That $75,000,000 shall be for extramural facilities 
construction grants.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty International 
Center, $43,723,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$215,214,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2000, 
the Library may enter into personal services contracts for the provision 
of services in facilities owned, operated, or constructed under the 
jurisdiction of the National Institutes of Health.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$68,753,000.

[[Page 113 STAT. 1501A-230]]

                         office of the director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $283,509,000, of which $44,953,000 shall 
be for the Office of AIDS Research: Provided, That funding shall be 
available for the purchase of not to exceed 29 passenger motor vehicles 
for replacement only: Provided further, That the Director may direct up 
to 1 percent of the total amount made available in this or any other Act 
to all National Institutes of Health appropriations to activities the 
Director may so designate: Provided further, That no such appropriation 
shall be decreased by more than 1 percent by any such transfers and that 
the Congress is promptly notified of the transfer: Provided further, 
That the National Institutes of Health is authorized to collect third 
party payments for the cost of clinical services that are incurred in 
National Institutes of Health research facilities and that such payments 
shall be credited to the National Institutes of Health Management Fund: 
Provided further, That all funds credited to the National Institutes of 
Health Management Fund shall remain available for one fiscal year after 
the fiscal year in which they are deposited: Provided further, That up 
to $500,000 shall be available to carry out section 499 of the Public 
Health Service Act: Provided further, That, notwithstanding section 
499(k)(10) of the Public Health Service Act, funds from the Foundation 
for the National Institutes of Health may be transferred to the National 
Institutes of Health.

                        buildings and facilities

    For the study of, construction of, and acquisition of equipment for, 
facilities of or used by the National Institutes of Health, including 
the acquisition of real property, $135,376,000, to remain available 
until expended.

        Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $2,654,953,000.

               Agency for Health Care Policy and Research

                     health care policy and research

    For carrying out titles III and IX of the Public Health Service Act, 
and part A of title XI of the Social Security Act, $111,424,000; in 
addition, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data tapes 
shall be credited to this appropriation and shall remain available until 
expended: Provided, That the amount made available pursuant to section 
926(b) of the Public Health Service Act shall not exceed $88,576,000.

[[Page 113 STAT. 1501A-231]]

                  Health Care Financing Administration

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $86,087,393,000, to remain available until 
expended.
    For making, after May 31, 2000, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2000 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2001, $30,589,003,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                   payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $69,289,100,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $1,994,548,000, to be transferred from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended, and together with administrative fees 
collected relative to Medicare overpayment recovery activities, which 
shall remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $18,000,000 appropriated under this heading for the 
managed care system redesign shall remain available until expended: 
Provided further, That $2,000,000 of the amount available for research, 
demonstration, and evaluation activities shall be available to continue 
carrying out demonstration projects on Medicaid coverage of community-
based attendant care services for people with disabilities which ensures 
maximum control by the consumer to select and manage their attendant 
care services: Provided further, That $3,000,000 of the amount available 
for research, demonstration, and evaluation activities shall be awarded 
to an

[[Page 113 STAT. 1501A-232]]

application from the University of Pennsylvania Medical Center, the 
University of Louisville Sciences Center, and St. Vincent's Hospital in 
Montana to conduct a demonstration to reduce hospitalizations among 
high-risk patients with congestive heart failure: Provided further, That 
$2,000,000 of the amount available for research, demonstration, and 
evaluation activities shall be awarded to the AIDS Healthcare Foundation 
in Los Angeles: Provided further, That $100,000 of the amount available 
for research, demonstration, and evaluation activities shall be awarded 
to Littleton Regional Hospital in New Hampshire, to assist in the 
development of rural emergency medical services: Provided further, That 
$250,000 of the amount available for research, demonstration, and 
evaluation activities shall be awarded to the University of Missouri-
Kansas City to test behavorial interventions of nursing home residents 
with moderate to severe dementia: Provided further, That $1,000,000 of 
the amount available for research, demonstration, and evaluation 
activities shall be awarded for a children's hospice care demonstration 
program in Virginia, Florida, Kentucky, New York, and Utah: Provided 
further, That $150,000 of the amount available for research, 
demonstration, and evaluation activities shall be awarded to L.A. Care 
Health Plan in Los Angeles, California for a Medicaid outreach 
demonstration project to provide access to medical care for uninsured 
workers: Provided further, That $500,000 of the amount available for 
research, demonstration, and evaluation activities shall be awarded to 
the Baystate Medical Center in Springfield, Massachusetts for the 
Partners for a Healthier Community childhood immunization demonstration 
project: Provided further, That $250,000 shall be awarded to the Shelby 
County Regional Medical Center to establish a Master Patient Index to 
determine patient Medicaid/TennCare eligibility: Provided further, That 
the Secretary of Health and Human Services is directed to collect, in 
aggregate, $95,000,000 in fees in fiscal year 2000 from Medicare+Choice 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the Public 
Health Service Act, to be available without fiscal year limitation for 
the payment of outstanding obligations. During fiscal year 2000, no 
commitments for direct loans or loan guarantees shall be made.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), for the first quarter of fiscal 
year 2001, $650,000,000.

[[Page 113 STAT. 1501A-233]]

    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance to Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

                    low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,100,000,000, to be available for 
obligation in the period October 1, 2000 through September 30, 2001.
    For making payments under title XXVI of such Act, $300,000,000: 
Provided, That these funds are hereby designated by Congress to be 
emergency requirements pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Provided further, That 
these funds shall be made available only after submission to Congress of 
a formal budget request by the President that includes designation of 
the entire amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985.
    The $1,100,000,000 provided in the first paragraph under this 
heading in the Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 1999 (as contained 
in section 101(f ) of division A of Public Law 105-277) is hereby 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided, That such funds shall be available only 
if the President submits to the Congress one official budget request for 
$1,100,000,000 that includes designation of the entire amount as an 
emergency requirement pursuant to such section: Provided further, That 
such funds shall be distributed in accordance with section 2604 of the 
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623), other than 
subsection (e) of such section.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $419,005,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
105-78 for fiscal year 1998 and under Public Law 105-277 for fiscal year 
1999 shall be available for the costs of assistance provided and other 
activities through September 30, 2001.

[[Page 113 STAT. 1501A-234]]

    For carrying out section 5 of the Torture Victims Relief Act of 1998 
(Public Law 105-320), $7,500,000.
    The $426,505,000 provided under this heading is hereby designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 
1985: Provided, That such funds shall be available only if the President 
submits to the Congress one official budget request for $426,505,000 
that includes designation of the entire amount as an emergency 
requirement pursuant to such section.

    payments to states for the child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), to become available on October 1, 2000 and remain 
available through September 30, 2001, $1,182,672,000: Provided, That 
$19,120,000 shall be available for child care resource and referral and 
school-aged child care activities: Provided further, That of the funds 
provided for fiscal year 2001, $172,672,000 shall be reserved by the 
States for activities authorized under section 658G of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and Development Block 
Grant Act of 1990), such funds to be in addition to the amounts required 
to be reserved by the States under section 658G: Provided further, That 
of the funds provided for fiscal year 2000 under Public Law 105-277, 
$500,000 shall be for a toll-free child care services program hotline to 
be operated by Child Care Aware.

                       social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,775,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified for allocation 
under such section for fiscal year 2000 shall be $1,775,000,000.

                 children and families services programs

                         (including rescissions)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Native American Programs Act of 1974, title II of 
Public Law 95-266 (adoption opportunities), the Adoption and Safe 
Families Act of 1997 (Public Law 105-89), the Abandoned Infants 
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A, 
1110, and 1115 of the Social Security Act; for making payments under the 
Community Services Block Grant Act, section 473A of the Social Security 
Act, and title IV of Public Law 105-285; and for necessary 
administrative expenses to carry out said Acts and titles I, IV, X, XI, 
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 
U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV 
of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, section 5 of the Torture Victims 
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and 
40241 of Public Law 103-322 and section 126 and titles IV

[[Page 113 STAT. 1501A-235]]

and V of Public Law 100-485, $6,734,133,000, of which $43,000,000, to 
remain available until September 30, 2001, shall be for grants to States 
for adoption incentive payments, as authorized by section 473A of title 
IV of the Social Security Act (42 U.S.C. 670-679); of which $587,065,000 
shall be for making payments under the Community Services Block Grant 
Act; and of which $5,267,000,000 shall be for making payments under the 
Head Start Act, of which $1,400,000,000 shall become available October 
1, 2000 and remain available through September 30, 2001: Provided, That 
to the extent Community Services Block Grant funds are distributed as 
grant funds by a State to an eligible entity as provided under the Act, 
and have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes: Provided further, That the 
Secretary shall establish procedures regarding the disposition of 
intangible property which permits grant funds, or intangible assets 
acquired with funds authorized under section 680 of the Community 
Services Block Grant Act, as amended, to become the sole property of 
such grantees after a period of not more than 12 years after the end of 
the grant for purposes and uses consistent with the original grant: 
Provided further, That $1,700,000,000 of the amount provided for making 
payments under the Head Start Act is hereby designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Provided further, That 
such funds shall be available only if the President submits to the 
Congress one official budget request for $1,700,000,000 that includes 
designation of the entire amount as an emergency requirement pursuant to 
such section.
    In addition, $101,000,000, to be derived from the Violent Crime 
Reduction Trust Fund for carrying out sections 40155, 40211, and 40241 
of Public Law 103-322.
    Funds appropriated for fiscal year 2000 under section 429A(e), part 
B of title IV of the Social Security Act shall be reduced by $6,000,000.
    Funds appropriated for fiscal year 2000 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                   promoting safe and stable families

    For carrying out section 430 of the Social Security Act, 
$295,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $4,307,300,000 of which 
$105,000,000 shall be for making payments under sections 470 and 477 of 
title IV-E of the Social Security Act;
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2001, $1,538,000,000.

[[Page 113 STAT. 1501A-236]]

                         Administration on Aging

                         aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $934,285,000: Provided, That notwithstanding section 
308(b)(1) of the Older Americans Act of 1965, as amended, the amounts 
available to each State for administration of the State plan under title 
III of such Act shall be reduced not more than 5 percent below the 
amount that was available to such State for such purpose for fiscal year 
1995: Provided further, That in considering grant applications for 
nutrition services for elder Indian recipients, the Assistant Secretary 
shall provide maximum flexibility to applicants who seek to take into 
account subsistence, local customs, and other characteristics that are 
appropriate to the unique cultural, regional, and geographic needs of 
the American Indian, Alaska and Hawaiian Native communities to be 
served.

                         Office of the Secretary

                     general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, and the 
United States-Mexico Border Health Commission Act, $227,051,000, of 
which $20,000,000 shall become available on October 1, 2000, and shall 
remain available until September 30, 2001, together with $5,851,000, to 
be transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Hospital Insurance Trust Fund and the 
Supplemental Medical Insurance Trust Fund: Provided, That $450,000 shall 
be for a contract with the National Academy of Sciences to conduct a 
study of the proposed tuberculosis standard promulgated by the 
Occupational Safety and Health Administration: Provided further, That 
said contract shall be awarded not later than 60 days after the 
enactment of this Act: Provided further, That said study shall be 
submitted to the Congress not later than 12 months after award of the 
contract: Provided further, That of the funds made available under this 
heading for carrying out title XX of the Public Health Service Act, 
$10,569,000 shall be for activities specified under section 2003(b)(2), 
of which $9,131,000 shall be for prevention service demonstration grants 
under section 510(b)(2) of title V of the Social Security Act, as 
amended, without application of the limitation of section 2010(c) of 
said title XX: Provided further, That $500,000 shall be available to the 
Office of the Surgeon General, within the Office of Public Health and 
Science, to prepare and disseminate the findings of the Surgeon 
General's report on youth violence, and to coordinate activities across 
the Department of Health and Human Services: Provided further, That the 
Secretary may transfer a portion of such funds to other Federal entities 
for youth violence prevention coordination activities: Provided further, 
That $2,000,000 shall be available to the Lawton Chiles Foundation.

[[Page 113 STAT. 1501A-237]]

                       office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $31,500,000.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, $18,838,000, 
together with not to exceed $3,314,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund.

                             policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $17,000,000.

      retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, disease and chemical threats to civilian 
populations, $214,600,000: Provided, That this amount is distributed as 
follows: Centers for Disease Control and Prevention, $155,000,000, of 
which $30,000,000 shall be for the Health Alert Network, $1,000,000 
shall be for the Carnegie Mellon Research Institute, $1,000,000 shall be 
for the St. Louis University School of Public Health, $1,000,000 shall 
be for the University of Texas Medical Branch at Galveston, $1,000,000 
shall be for the Noble Army Hospital of Alabama bioterrorism program and 
$1,000,000 shall be for the Johns Hopkins University Center for Civilian 
Biodefense; Office of the Secretary, $30,000,000, Agency for Health Care 
Policy and Research, $5,000,000, and Office of Emergency Preparedness, 
$24,600,000. In addition, for expenses necessary for the portion of the 
Global Health Initiative conducted by the Centers for Disease Control 
and Prevention, $69,000,000: Provided further, That this amount is 
distributed as follows: $35,000,000 shall be for international HIV/AIDS 
programs, $9,000,000 shall be for malaria programs, $5,000,000 shall be 
for global micronutrient malnutrition programs and $20,000,000 shall be 
for carrying out polio eradication activities. In addition, $150,000,000 
for carrying out the Department's Year 2000 computer conversion 
activities, $5,000,000 for the environmental health laboratory at the 
Centers for Disease Control and Prevention, $50,000,000 for minority 
AIDS prevention and treatment activities, $20,000,000 for the National 
Institutes of Health challenge grant program, and $75,000,000 to

[[Page 113 STAT. 1501A-238]]

support the Ricky Ray Hemophilia Relief Fund Act of 1998: Provided 
further, That notwithstanding any other provision of law, up to 
$10,000,000 of the amount provided for the Ricky Ray Hemophilia Relief 
Fund Act may be available for administrative expenses: Provided further, 
That the entire amount under this heading is hereby designated by the 
Congress to be emergency requirements pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount under this heading 
shall be made available only after submission to the Congress of a 
formal budget request by the President that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That no funds shall be obligated until the 
Department of Health and Human Services submits an operating plan to the 
House and Senate Committees on Appropriations.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United Nations 
International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of Executive Level II.
    Sec. 205. None of the funds appropriated in this Act may be expended 
pursuant to section 241 of the Public Health Service Act, except for 
funds specifically provided for in this Act, or for other taps and 
assessments made by any office located in the Department of Health and 
Human Services, prior to the Secretary's preparation and submission of a 
report to the Committee on Appropriations of the Senate and of the House 
detailing the planned uses of such funds.

                           (transfer of funds)

    Sec. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That 
the Appropriations Committees of both Houses of Congress are notified at 
least 15 days in advance of any transfer.

[[Page 113 STAT. 1501A-239]]

    Sec. 207. The Director of the National Institutes of Health, jointly 
with the Director of the Office of AIDS Research, may transfer up to 3 
percent among institutes, centers, and divisions from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.
    Sec. 208. Of the amounts made available in this Act for the National 
Institutes of Health, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of the 
National Institutes of Health and the Director of the Office of AIDS 
Research, shall be made available to the ``Office of AIDS Research'' 
account. The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) of the 
Public Health Service Act.
    Sec. 209. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek family 
planning services and that it provides counseling to minors on how to 
resist attempts to coerce minors into engaging in sexual activities.
    Sec. 210. The final rule entitled ``Organ Procurement and 
Transplantation Network'', promulgated by the Secretary of Health and 
Human Services on April 2, 1998 (63 Fed. Reg. 16295 et seq.) (relating 
to part 121 of title 42, Code of Federal Regulations), together with the 
amendments to such rules promulgated on October 20, 1999 (64 Fed. Reg. 
56649 et seq.) shall not become effective before the expiration of the 
42 day period beginning on the date of the enactment of this Act.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 212. (a) Mental Health.--Section 1918(b) of the Public Health 
Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
    ``(b) Minimum Allotments for States.--With respect to fiscal year 
2000, the amount of the allotment of a State under section 1911 shall 
not be less than the amount the State received under section 1911 for 
fiscal year 1998.''.
    (b) Substance Abuse.--Section 1933(b) of the Public Health Service 
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
    ``(b) Minimum Allotments for States.--Each State's allotment for 
fiscal year 2000 for programs under this subpart shall be equal to such 
State's allotment for such programs for fiscal year 1999, except that, 
if the amount appropriated in fiscal year

[[Page 113 STAT. 1501A-240]]

2000 is less than the amount appropriated in fiscal year 1999, then the 
amount of a State's allotment under section 1921 shall be equal to the 
amount that the State received under section 1921 in fiscal year 1999 
decreased by the percentage by which the amount appropriated for fiscal 
year 2000 is less than the amount appropriated for such section for 
fiscal year 1999.''.
    Sec. 213. Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act shall be exempt 
from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 214. Extension of Certain Adjudication Provisions.--The Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                and 1999'' and inserting ``1997, 1998, 1999, and 2000''; 
                and
                    (B) in subsection (e), by striking ``October 1, 
                1999'' each place it appears and inserting ``October 1, 
                2000''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 1999'' and inserting 
        ``September 30, 2000''.

    Sec. 215. None of the funds provided in this Act or in any other Act 
making appropriations for fiscal year 2000 may be used to administer or 
implement in Arizona or in the Kansas City, Missouri or in the Kansas 
City, Kansas area the Medicare Competitive Pricing Demonstration Project 
(operated by the Secretary of Health and Human Services under authority 
granted in section 4011 of the Balanced Budget Act of 1997 (Public Law 
105-33)).
    Sec. 216. Of the funds appropriated for the National Institutes of 
Health for fiscal year 2000, $3,000,000,000 shall not be available for 
obligation until September 29, 2000. Of the funds appropriated for the 
Health Resources and Services Administration for fiscal year 2000, 
$450,000,000 shall not be available for obligation until September 29, 
2000. Of the funds appropriated for the Centers for Disease Control and 
Prevention for fiscal year 2000, $500,000,000 shall not be available for 
obligation until September 29, 2000. Of the funds appropriated for the 
Children and Families Services Programs for fiscal year 2000, 
$400,000,000 shall not be available for obligation until September 29, 
2000. Of the funds appropriated for the Social Services Block Grant for 
fiscal year 2000, $425,000,000 shall not be available for obligation 
until September 29, 2000. Of the funds appropriated for the Substance 
Abuse and Mental Health Services Administration for fiscal year 2000, 
$200,000,000 shall not be available for obligation until September 29, 
2000. Such funds delayed by this section shall be available for 
obligation until October 15, 2000.
    Sec. 217. Study and Report on the Geographic Adjustment Factors 
Under the Medicare Program. (a) Study.--The Secretary of Health and 
Human Services shall conduct a study on--
            (1) the reasons why, and the appropriateness of the fact 
        that, the geographic adjustment factor (determined under 
        paragraph (2) of section 1848(e) (42 U.S.C. 1395w-4(e)) used in 
        determining the amount of payment for physicians' services under 
        the Medicare program is less for physicians' services

[[Page 113 STAT. 1501A-241]]

        provided in New Mexico than for physicians' services provided in 
        Arizona, Colorado, and Texas; and
            (2) the effect that the level of the geographic cost-of-
        practice adjustment factor (determined under paragraph (3) of 
        such section) has on the recruitment and retention of physicians 
        in small rural States, including New Mexico, Iowa, Louisiana, 
        and Arkansas.

    (b) Report.--Not later than 3 months after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall submit a 
report to Congress on the study conducted under subsection (a), together 
with any recommendations for legislation that the Secretary determines 
to be appropriate as a result of such study.
    Sec. 218. Withholding of Substance Abuse Funds. (a) In General.--
None of the funds appropriated by this Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 of the 
Public Health Service Act (42 U.S.C. 300x-26) if such State certifies to 
the Secretary of Health and Human Services that the State will commit 
additional State funds, in accordance with subsection (b), to ensure 
compliance with State laws prohibiting the sale of tobacco products to 
individuals under 18 years of age.
    (b) Amount of State Funds.--The amount of funds to be committed by a 
State under subsection (a) shall be equal to 1 percent of such State's 
substance abuse block grant allocation for each percentage point by 
which the State misses the retailer compliance rate goal established by 
the Secretary of Health and Human Services under section 1926 of such 
Act, except that the Secretary may agree to a smaller commitment of 
additional funds by the State.
    (c) Supplement not Supplant.--Amounts expended by a State pursuant 
to a certification under subsection (a) shall be used to supplement and 
not supplant State funds used for tobacco prevention programs and for 
compliance activities described in such subsection in the fiscal year 
preceding the fiscal year to which this section applies.
    (d) Enforcement of State Expenditure.--The Secretary shall exercise 
discretion in enforcing the timing of the State expenditure required by 
the certification described in subsection (a) as late as July 31, 2000.
    Sec. 219. None of the funds made available under this title may be 
used to carry out the transmittal of August 13, 1997 (relating to self-
administered drugs) of the Deputy Director of the Division of Acute Care 
of the Health Care Financing Administration to regional offices of such 
Administration or to promulgate any regulation or other transmittal or 
policy directive that has the effect of imposing (or clarifying the 
imposition of ) a restriction on the coverage of injectable drugs under 
section 1861(s)(2) of the Social Security Act beyond the restrictions 
applied before the date of such transmittal.
    Sec. 220. In accordance with section 1557 of title 31, United States 
Code, funds obligated and awarded in fiscal years 1994 and 1995 under 
the heading ``National Cancer Institute'' for the Cancer Therapy and 
Research Center in San Antonio, Texas, grant numbers 1 C06 CA58690-01 
and 3 C06 CA58690-01S1, shall be exempt from subchapter IV of chapter 15 
of such title and the obligated unexpended dollars shall remain 
available to the grantee

[[Page 113 STAT. 1501A-242]]

for expenditure without fiscal year limitation to fulfill the purpose of 
the award.
    Sec. 221. Not later than January 15, 2000, the Secretary of Health 
and Human Services shall transfer $20,000,000 from the appropriation in 
this Act for ``National Institutes of Health--National Institute of 
Allergy and Infectious Diseases'' to the appropriation in this Act for 
``Centers for Disease Control and Prevention--Disease Control, Research, 
and Training''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2000''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by titles III and IV of the 
Goals 2000: Educate America Act, the School-to-Work Opportunities Act, 
and sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III, 
and part I of title X of the Elementary and Secondary Education Act of 
1965, $1,768,370,000, of which $456,500,000 for the Goals 2000: Educate 
America Act and $55,000,000 for the School-to-Work Opportunities Act 
shall become available on July 1, 2000 and remain available through 
September 30, 2001, and of which $109,500,000 shall be for section 3122: 
Provided, That none of the funds appropriated under this heading shall 
be obligated or expended to carry out section 304(a)(2)(A) of the Goals 
2000: Educate America Act, except that no more than $1,500,000 may be 
used to carry out activities under section 314(a)(2) of that Act: 
Provided further, That section 315(a)(2) of the Goals 2000: Educate 
America Act shall not apply: Provided further, That up to one-half of 1 
percent of the amount available under section 3132 shall be set aside 
for the outlying areas, to be distributed on the basis of their relative 
need as determined by the Secretary in accordance with the purposes of 
the program: Provided further, That if any State educational agency does 
not apply for a grant under section 3132, that State's allotment under 
section 3131 shall be reserved by the Secretary for grants to local 
educational agencies in that State that apply directly to the Secretary 
according to the terms and conditions published by the Secretary in the 
Federal Register: Provided further, That of the funds made available to 
carry out section 3136 and notwithstanding any other provision of law, 
$500,000 shall be awarded to the Houston Independent School District for 
technology infrastructure, $8,000,000 shall be awarded to the I CAN 
LEARN program, $3,000,000 shall be awarded to the Linking Education 
Technology and Educational Reform (LINKS) project for educational 
technology, $1,000,000 shall be awarded to the Center for Advanced 
Research and Technology (CART) for comprehensive secondary education 
reform, $250,000 shall be awarded to the Vaughn Reno Starks Community 
Center in Elizabethtown, Kentucky for a technology program, $125,000 
shall be awarded to the Wyandanch Compel Youth Academy Educational 
Assistance Program in New York, $3,000,000 shall be awarded to Hi-
Technology High School in San Bernardino County, California for 
technology enhancement, $300,000 shall be awarded to the Long Island 
21st Century Technology and E-Commerce Alliance, $800,000 shall be 
awarded to Montana State University-Billings for a distance learning 
initiative, $2,000,000 for the Tupelo School District in Tupelo, 
Mississippi

[[Page 113 STAT. 1501A-243]]

for technology innovation in education, $900,000 for the University of 
Alaska at Anchorage for distance learning education, $1,000,000 shall be 
awarded to the Seton Hill College in Greensburg, Pennsylvania for a 
model education technology training program, $500,000 shall be awarded 
to the University of Alaska-Fairbanks, in Fairbanks, Alaska for a 
teacher technology training program, $200,000 shall be awarded to the 
Alaska Department of Education for the Alaska State Distance Education 
Technology Consortium, $1,000,000 shall be awarded to the North East 
Vocational Area Cooperative in Washington State for a multi-district 
technology education center, $400,000 shall be awarded to the University 
of Vermont for the Vermont Learning Gateway Program, $2,500,000 shall be 
awarded to the State University of New Jersey for the RUNet 2000 project 
at Rutgers for an integrated voice-video-data network to link students, 
faculty and administration via a high-speed, broad band fiber optic 
network, $500,000 shall be awarded to the Iowa Area Education Agency 13 
for a public/private partnership to demonstrate the effective use of 
technology in grades 1-3, $235,000 shall be for the Louisville Deaf Oral 
School for technology enhancements: Provided further, That in the State 
of Alabama $50,000 shall be awarded to the Bibb County Board of 
Education for technology enhancements, $50,000 shall be awarded to the 
Calhoun County Board of Education for technology enhancements, $50,000 
shall be awarded to the Chambers County Board of Education for 
technology enhancements, $50,000 shall be awarded to the Chilton County 
Board of Education for technology enhancements, $50,000 shall be awarded 
to the Clay County Board of Education for technology enhancements, 
$50,000 shall be awarded to the Cleburne County Board of Education for 
technology enhancements, $50,000 shall be awarded to the Coosa County 
Board of Education for technology enhancements, $50,000 shall be awarded 
to the Lee County Board of Education for technology enhancements, 
$50,000 shall be awarded to the Macon County Board of Education for 
technology enhancements, $50,000 shall be awarded to the St. Clair 
County Board of Education for technology enhancements, $50,000 shall be 
awarded to the Talladega County Board of Education for technology 
enhancements, $50,000 shall be awarded to the Tallapoosa County Board of 
Education for technology enhancements, $50,000 shall be awarded to the 
Randolph County Board of Education for technology enhancements, $50,000 
shall be awarded to the Russell County Board of Education for technology 
enhancements, $50,000 shall be awarded to the Alexander City Board of 
Education for technology enhancements, $50,000 shall be awarded to the 
Anniston City Board of Education for technology enhancements, $50,000 
shall be awarded to the Lanett City Board of Education for technology 
enhancements, $50,000 shall be awarded to the Pell City Board of 
Education for technology enhancements, $50,000 shall be awarded to the 
Roanoke City Board of Education for technology enhancements, $50,000 
shall be awarded to the Talledega City Board of Education for technology 
enhancements, $500,000 shall be to continue a state-of-the-art 
information technology system at Mansfield University, Mansfield, 
Pennsylvania, $250,000 shall be awarded to the Chicago Public School 
Science and Technology Academy to establish a curriculum of math, 
science, and technology, $500,000 shall be awarded to Prairie Hills, 
Illinois Elementary School District 144 for a public/private teacher 
technology training program, $1,000,000 shall be

[[Page 113 STAT. 1501A-244]]

awarded to Adelphi University in New York for the Information Commons 
project, $250,000 shall be awarded to the Oakland School District in 
California to support a distance education initiative, $800,000 shall be 
awarded to the Kennedy Krieger Career and Technology Center in Maryland 
for a distance learning project, $1,000,000 shall be awarded to Augsburg 
College and Twin Cities Public Television to demonstrate interactive 
technology to assist teachers and parents in effectively using emerging 
innovations in education, $100,000 shall be awarded to the Santa Barbara 
Industry Education Council in California to provide technology education 
to area students and teachers, $200,000 shall be awarded to the Nebraska 
Community College for technology training, and $250,000 shall be awarded 
to the Providence Public School System, in partnership with the 
Metropolitan Regional Career and Technical Center, for Project Family 
Net to provide computer technology training to children and their 
parents: Provided further, That of the funds made available to carry out 
title III, part B of the Elementary and Secondary Education Act of 1965 
and notwithstanding any other provision of law, $750,000 shall be 
awarded to the Technology Literacy Center at the Museum of Science and 
Industry, Chicago, $1,000,000 shall be awarded to an on-line math and 
science training program at Oklahoma State University, $4,000,000 shall 
be awarded to continue and expand the Iowa Communications Network State-
wide fiber optic demonstration project, and $250,000 shall be awarded to 
the WinstonNet distance learning project in Winston Salem, North 
Carolina: Provided further, That of the funds made available for title 
X, part I of the Elementary and Secondary Education Act of 1965 and 
notwithstanding any other provision of law, $6,000 shall be awarded to 
the Study Partners Program, Inc., in Louisville, Kentucky, $12,000 shall 
be awarded to the Shawnee Gardens Tenants Association Inc., in 
Louisville, Kentucky for a tutorial program, $12,000 shall be awarded to 
the 100 Black Men of Louisville, Kentucky for a mentoring and leadership 
training program, $500,000 shall be awarded to the Omaha, Nebraska 
Public Schools for the OPS 21st Century Learning Grant, $25,000 shall be 
for the Plymouth Renewal Center in Kentucky for a tutoring program, 
$25,000 shall be for the Canaan Community Development Corporation's 
Village Learning Center Program, $25,000 shall be for the St. Stephen 
Life Center After School Program, $25,000 shall be for the Louisville 
Central Community Centers Youth Education Program, $15,000 shall be for 
the Trinity Family Life Center tutoring program, $15,000 shall be for 
the New Zion Community Development Foundation, Inc., after school 
mentoring program, $20,000 shall be for the St. Joseph Catholic Orphan 
Society program for abused and neglected children, $25,000 shall be for 
the Portland Neighborhood House after school program, $25,000 shall be 
for the St. Anthony Community Outreach Center, Inc., for the Education 
PAYs program, $250,000 shall be awarded to the Harvey Public School 
District 152 in Chicago, Illinois for the ``Project CAFE'' after-school 
program, $200,000 shall be awarded to the St. Clair County, Michigan 
Intermediate School District for after-school programs, $400,000 shall 
be awarded to the Macomb County, Michigan Intermediate School District 
for after-school programs, $200,000 shall be awarded to the Danbury 
Public School System in Connecticut for an ESCAPE Arts after-school 
program, $50,000 shall be awarded to the Tuckahoe School District for an 
after-school program in Eastchester,

[[Page 113 STAT. 1501A-245]]

New York, $100,000 shall be awarded to Innovative Directions, an 
Educational Alliance (IDEA), based at the City Island School (P.S. 175) 
in the Bronx, New York City, New York, $250,000 shall be awarded to the 
New York Hall of Science in Queens, New York for after-school education 
programs, $60,000 shall be awarded to the Mamaroneck School District in 
Mamaroneck, New York for expansion of an after-school program, $250,000 
shall be awarded to the White Plains School District for an after-school 
program in White Plains, New York, $200,000 shall be awarded to the New 
Rochelle School District for an after-school program in New Rochelle, 
New York, $250,000 shall be awarded to the Community School District 30 
in Queens, New York for the expansion of after-school activities, 
$500,000 shall be awarded to the Jefferson Elementary School for a joint 
after-school program with the Madison Elementary School in Stevens 
Point, Wisconsin, $400,000 shall be awarded to the School District of 
Superior in Wisconsin for an after-school center, $100,000 shall be 
awarded to the Independence School District in Kansas City, Missouri for 
an after-school program, and $500,000 shall be awarded to the Clark 
County School District in Nevada for an after-school program.

                     education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act of 1965, 
$8,700,986,000, of which $2,461,823,000 shall become available on July 
1, 2000, and shall remain available through September 30, 2001, and of 
which $6,204,763,000 shall become available on October 1, 2000 and shall 
remain available through September 30, 2001, for academic year 2000-
2001: Provided, That $6,783,000,000 shall be available for basic grants 
under section 1124: Provided further, That $134,000,000 shall be 
allocated among the States in the same proportion as funds are allocated 
among the States under section 1122, to carry out section 1116(c): 
Provided further, That 100 percent of these funds shall be allocated to 
local educational agencies for the purposes of carrying out section 
1116(c) and that local educational agencies shall provide all students 
enrolled in a school identified under section 1116(c) with the option to 
transfer to another public school within the local educational agency, 
including a public charter school, that has not been identified for 
school improvement under section 1116(c): Provided further, That if the 
local educational agency demonstrates to the satisfaction of the State 
educational agency that the local educational agency lacks the capacity 
to provide all students with the option to transfer to another public 
school, and after giving notice to the parents of children affected that 
it is not possible, consistent with State and local law, to accommodate 
the transfer request of every student, the local educational agency 
shall permit as many students as possible (who shall be selected by the 
local educational agency on an equitable basis) to transfer to a public 
school that has not been identified for school improvement under section 
1116(c): Provided further, That up to $3,500,000 of these funds shall be 
available to the Secretary on October 1, 1999, to obtain updated local-
educational-agency-level census poverty data from the Bureau of the 
Census: Provided further, That $1,158,397,000 shall be available for 
concentration grants under section 1124A: Provided further, That 
$8,900,000 shall be available for evaluations under section 1501 and not 
more than $8,500,000 shall be reserved for section

[[Page 113 STAT. 1501A-246]]

1308, of which not more than $3,000,000 shall be reserved for section 
1308(d): Provided further, That grant awards under sections 1124 and 
1124A of title I of the Elementary and Secondary Education Act of 1965 
shall be made to each State and local educational agency at no less than 
100 percent of the amount such State or local educational agency 
received under this authority for fiscal year 1999: Provided further, 
That notwithstanding any other provision of law, grant awards under 
section 1124A of title I of the Elementary and Secondary Education Act 
of 1965 shall be made to those local educational agencies that received 
a Concentration Grant under the Department of Education Appropriations 
Act, 1998, but are not eligible to receive such a grant for fiscal year 
2000: Provided further, That each such local educational agency shall 
receive an amount equal to the Concentration Grant the agency received 
in fiscal year 1998, ratably reduced, if necessary, to ensure that these 
local educational agencies receive no greater share of their hold-
harmless amounts than other local educational agencies: Provided 
further, That the Secretary shall not take into account the hold 
harmless provisions in this section in determining State allocations 
under any other program administered by the Secretary in any fiscal 
year: Provided further, That $170,000,000 shall be available under 
section 1002(g)(2) to demonstrate effective approaches to comprehensive 
school reform to be allocated and expended in accordance with the 
instructions relating to this activity in the statement of the managers 
on the conference report accompanying Public Law 105-78 and in the 
statement of the managers on the conference report accompanying Public 
Law 105-277: Provided further, That in carrying out this initiative, the 
Secretary and the States shall support only approaches that show the 
most promise of enabling children served by title I to meet challenging 
State content standards and challenging State student performance 
standards based on reliable research and effective practices, and 
include an emphasis on basic academics and parental involvement.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $910,500,000, of which $737,200,000 
shall be for basic support payments under section 8003(b), $50,000,000 
shall be for payments for children with disabilities under section 
8003(d), $76,000,000, to remain available until expended, shall be for 
payments under section 8003(f ), $10,300,000 shall be for construction 
under section 8007, $32,000,000 shall be for Federal property payments 
under section 8002 and $5,000,000 to remain available until expended 
shall be for facilities maintenance under section 8008: Provided, That 
of the funds available for section 8007 and notwithstanding any other 
provision of law, $500,000 shall be awarded to the Fort Sam Houston 
Independent School District, Texas, $800,000 shall be awarded to the 
Hays Lodgepole School District, Montana, and $2,000,000 shall be awarded 
to the North Chicago Community Unit SD 187: Provided further, That these 
funds shall remain available until expended: Provided further, That the 
Secretary of Education shall treat as timely filed, and shall process 
for payment, an application for a fiscal year 1999 payment from the 
local educational agency for Brookeland, Texas under section 8002 of the 
Elementary and Secondary Education Act of 1965 if the Secretary has 
received that

[[Page 113 STAT. 1501A-247]]

application not later than 30 days after the enactment of this Act: 
Provided further, That section 8002(f ) of the Elementary and Secondary 
Education Act of 1965 is amended by adding a new paragraph ``(3)'' at 
the end to read as follows:
            ``(3) For each fiscal year beginning with fiscal year 2000, 
        the Secretary shall treat the Central Union, California; Island, 
        California; Hill City, South Dakota; and Wall, South Dakota 
        local educational agencies as meeting the eligibility 
        requirements of subsection (a)(1)(C) of this section.'':

Provided further, That the Secretary of Education shall consider all 
payments received by the educational agency for Hatboro-Horsham and 
Delaware Valley, Pennsylvania for fiscal year 1995 under section 8002(a) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(a)), and all payments under section 8002(h)(2)(A) for subsequent 
years through fiscal year 1999, to be correct: Provided further, That 
section 8002(f ) of the Elementary and Secondary Education Act of 1965 
is amended by adding at the end thereof a new paragraph (4) to read as 
follows:
            ``(4) For the purposes of payments under this section for 
        each fiscal year beginning with fiscal year 2000, the Secretary 
        shall treat the Hot Springs, South Dakota local educational 
        agency as if it had filed a timely application under section 
        8002 of the Elementary and Secondary Education Act of 1965 for 
        fiscal year 1994 if the Secretary has received the fiscal year 
        1994 application, as well as Exhibits A and B not later than 
        December 1, 1999.'':

Provided further, That section 8002(f ) of the Elementary and Secondary 
Education Act of 1965 is amended by adding at the end thereof a new 
paragraph (5) to read as follows:
            ``(5) For purposes of payments under this section for each 
        fiscal year beginning with fiscal year 2000, the Secretary shall 
        treat the Hueneme, California local educational agency as if it 
        had filed a timely application under section 8002 of the 
        Elementary and Secondary Education Act of 1965 if the Secretary 
        has received the fiscal year 1995 application not later than 
        December 1, 1999.'':

Provided further, That the Secretary of Education shall treat as timely 
filed, and shall process for payment, an application for a fiscal year 
1998 payment from the local educational agency for Hydaburg, Alaska, 
under section 8003 of the Elementary and Secondary Education Act of 1965 
if the Secretary has received that application not later than 30 days 
after the enactment of this Act: Provided further, That the Secretary of 
Education shall treat as timely, and process for payment, an application 
for fiscal years 1996 and 1997 payment from the local education agency 
for Fallbrook Unified High School District, California, under section 
8002 of the Elementary and Secondary Education Act of 1965, if the 
Secretary has received that application not later than 30 days after the 
enactment of this Act: Provided further, That for the purpose of 
computing the amount of a payment for a local educational agency for 
children identified under section 8003 of the Elementary and Secondary 
Education Act of 1965, children residing in housing initially acquired 
or constructed under section 801 of the Military Construction 
Authorization Act of 1984 (Public Law 98-115) (``Build to Lease'' 
program) shall be considered as children described under section 
8003(a)(1)(B) if the property described is within the fenced security 
perimeter of the military

[[Page 113 STAT. 1501A-248]]

facility upon which such housing is situated: Provided further, That if 
such property is not owned by the Federal Government, is subject to 
taxation by a State or political subdivision of a State, and thereby 
generates revenues for a local educational agency which received a 
payment from the Secretary under section 8003, the Secretary shall: (1) 
require such local educational agency to provide certification from an 
appropriate official of the Department of Defense that such property is 
being used to provide military housing; and (2) reduce the amount of 
such payment by an amount equal to the amount of revenue from such 
taxation received in the second preceding fiscal year by such local 
educational agency, unless the amount of such revenue was taken into 
account by the State for such second preceding fiscal year and already 
resulted in a reduction in the amount of State aid paid to such local 
educational agency.

                       school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary 
Education Act of 1965 (``ESEA''); the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964 and part B of title 
VIII of the Higher Education Act of 1965; $3,026,884,000, of which 
$975,300,000 shall become available on July 1, 2000, and remain 
available through September 30, 2001, and of which $1,515,000,000 shall 
become available on October 1, 2000 and shall remain available through 
September 30, 2001 for academic year 2000-2001: Provided, That of the 
amount appropriated, $335,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $1,680,000,000 shall be 
for title VI and up to $750,000 shall be for an evaluation of 
comprehensive regional assistance centers under title XIII of ESEA: 
Provided further, That of the amount made available for title VI 
$1,300,000,000 shall be available, notwithstanding any other provision 
of law, to carry out title VI of Elementary and Secondary Education Act 
of 1965 in accordance with section 310 of this Act, in order to reduce 
class size, particularly in the early grades, using highly qualified 
teachers to improve educational achievement for regular and special 
needs children.

                           reading excellence

    For necessary expenses to carry out the Reading Excellence Act, 
$65,000,000, which shall become available on July 1, 2000 and shall 
remain available through September 30, 2001 and $195,000,000 which shall 
become available on October 1, 2000 and remain available through 
September 30, 2001.

                            indian education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education Act 
of 1965, as amended, $77,000,000.

                    bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary

[[Page 113 STAT. 1501A-249]]

and Secondary Education Act of 1965, without regard to section 7103(b), 
$406,000,000: Provided, That State educational agencies may use all, or 
any part of, their part C allocation for competitive grants to local 
educational agencies.

                            special education

    For carrying out the Individuals with Disabilities Education Act, 
$6,036,646,000, of which $2,047,885,000 shall become available for 
obligation on July 1, 2000, and shall remain available through September 
30, 2001, and of which $3,742,000,000 shall become available on October 
1, 2000 and shall remain available through September 30, 2001, for 
academic year 2000-2001: Provided, That $1,500,000 shall be for the 
recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the Act to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That $1,500,000 shall be awarded to the Organizing 
Committee for the 2001 Special Olympics World Winter Games in Alaska and 
$1,000,000 shall be awarded to the Salt Lake City Organizing Committee 
for the VIII Paralympic Winter Games: Provided further, That $1,000,000 
shall be for the Early Childhood Development Project of the National 
Easter Seal Society for the Mississippi Delta Region, which funds shall 
be used to provide training, technical support, services and equipment 
to address personnel and other needs: Provided further, That $1,000,000 
shall be awarded to the Center for Literacy and Assessment at the 
University of Southern Mississippi for research dissemination and 
teacher and parent training.

             rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $2,707,522,000: Provided, That 
notwithstanding section 105(b)(1) of the Assistive Technology Act of 
1998 (``the AT Act''), each State shall be provided $50,000 for 
activities under section 102 of the AT Act: Provided further, That of 
the funds available for section 303 of the Rehabilitation Act of 1973 
and notwithstanding any other provision of law, $750,000 shall be 
awarded to the Krasnow Institute at George Mason University for a 
Receptive Language Disorders research center, $1,000,000 shall be 
awarded to the University of Central Florida for a virtual reality-based 
education and training program for the deaf, $2,000,000 shall be awarded 
to the Seattle Lighthouse for the Blind for interpreter, orientation, 
mobility, and education services for deaf, blind and other visually 
impaired adults, $1,000,000 shall be awarded to the Professional 
Development and Research Institute on Blindness in Louisiana for the 
training of professionals in the field of education and rehabilitation 
of blind adults and children, $600,000 shall be awarded to the Alaska 
Center for Independent Living in Anchorage, Alaska to develop capacity 
to implement a self-directed model for personal assistance services, 
including training of self-employed personal assistants and their 
clients, and $250,000 shall be awarded to the Center for Discovery 
International Family Institute in Sullivan County, New York to provide 
educational opportunities and support to individuals with severe mental 
and physical disabilities: Provided further, That of the funds available 
for section 305 of the Rehabilitation Act of

[[Page 113 STAT. 1501A-250]]

1973 and notwithstanding any other provision of law, $1,000,000 shall be 
awarded to the California State University at Northridge for a Western 
Center for Adaptive Therapy: Provided further, That of the funds 
available for title II of the Rehabilitation Act of 1973 and 
notwithstanding any other provision of law, $500,000 shall be awarded to 
the Albert Einstein Medical Center healthcare network in Philadelphia 
for research on post polio syndrome.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 
et seq.), $10,100,000.

                national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
$48,151,000, of which $2,651,000 shall be for construction and shall 
remain available until expended: Provided, That from the total amount 
available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986 (20 
U.S.C. 4301 et seq.), $85,980,000, of which $2,500,000 shall be for 
construction and shall remain available until expended: Provided, That 
from the total amount available, the University may at its discretion 
use funds for the endowment program as authorized under section 207.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act, the Adult Education and 
Family Literacy Act, and title VIII-D of the Higher Education Act of 
1965, as amended, and Public Law 102-73, $1,681,750,000, of which 
$3,500,000 shall remain available until expended, and of which 
$858,150,000 shall become available on July 1, 2000 and shall remain 
available through September 30, 2001 and of which $791,000,000 shall 
become available on October 1, 2000 and shall remain available through 
September 30, 2001: Provided, That of the amounts made available for the 
Carl D. Perkins Vocational and Technical Education Act, $4,600,000 shall 
be for tribally controlled vocational institutions under section 117: 
Provided further, That of the $450,000,000 for Adult Education State 
Grants, 30 percent of the amount exceeding the amount appropriated in 
fiscal year 1999 shall be made available for integrated English literacy 
and civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, half shall be 
allocated to the States with the largest absolute need for such services 
and half shall be allocated to the States with the largest recent growth 
in need

[[Page 113 STAT. 1501A-251]]

for such services, based on the best available data, notwithstanding 
section 211 of the Adult Education and Family Literacy Act: Provided 
further, That $9,000,000 shall be for carrying out section 118 of such 
act for all activities conducted by and through the National 
Occupational Information Coordinating Committee: Provided further, That 
of the amounts made available for the Adult Education and Family 
Literacy Act, $14,000,000 shall be for national leadership activities 
under section 243 and $6,000,000 shall be for the National Institute for 
Literacy under section 242: Provided further, That $19,000,000 shall be 
for Youth Offender Grants, of which $5,000,000, which shall become 
available on July 1, 2000, and remain available through September 30, 
2001, shall be used in accordance with section 601 of Public Law 102-73 
as that section was in effect prior to the enactment of Public Law 105-
220.

                      student financial assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E of 
title IV of the Higher Education Act of 1965, as amended, 
$9,435,000,000, which shall remain available through September 30, 2001.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2000-2001 shall be $3,300: Provided, That notwithstanding 
section 401(g) of the Act, if the Secretary determines, prior to 
publication of the payment schedule for such award year, that the amount 
included within this appropriation for Pell Grant awards in such award 
year, and any funds available from the fiscal year 1999 appropriation 
for Pell Grant awards, are insufficient to satisfy fully all such awards 
for which students are eligible, as calculated under section 401(b) of 
the Act, the amount paid for each such award shall be reduced by either 
a fixed or variable percentage, or by a fixed dollar amount, as 
determined in accordance with a schedule of reductions established by 
the Secretary for this purpose.
    For an additional amount for ``student financial assistance'' for 
payment of allocations to institutions of higher education for Federal 
Supplemental Educational Opportunity Grants for award years 1999-2000 
and 2000-2001, made under title IV, part A, subpart 3, of the Higher 
Education Act of 1965, as amended, $10,000,000: Provided, That 
notwithstanding any other provision of law, the Secretary of Education 
may waive or modify any statutory or regulatory provision applicable to 
the Federal Supplemental Educational Opportunity Grant program and the 
determination of need for such grants, that the Secretary deems 
necessary to assist individuals who suffered financial harm resulting 
from the hurricanes, and the flooding associated with the hurricanes, 
that struck the eastern United States in August and September 1999, and 
who, at the time of the disaster were residing, attending an institution 
of higher education, or employed within an area affected by such a 
disaster on the date which the President declared the existence of a 
major disaster (or, in the case of an individual who is a dependent 
student, whose parent or stepparent suffered financial harm from such 
disaster, and who resided, or was employed in such an area at that 
time): Provided further, That notwithstanding section 437 of the General 
Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, 
United States Code, the Secretary shall, by notice in the Federal 
Register, exercise

[[Page 113 STAT. 1501A-252]]

this authority, through publication of waivers or modifications of 
statutory and regulatory provisions, as the Secretary deems necessary to 
assist such individuals: Provided further, That notwithstanding section 
413D of the Higher Education Act of 1965, allocations from such 
additional amount shall not be taken into account in determining 
institutional allocations under such section in future years: Provided 
further, That the entire amount made available under this paragraph is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, and that the entire amount shall be available only 
to the extent an official budget request for the entire amount, that 
includes designation of the entire amount as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, is transmitted by the President to the Congress.

              federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act of 
1965, as amended, $48,000,000.

                            higher education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act 
of 1965, as amended, and the Mutual Educational and Cultural Exchange 
Act of 1961; $1,533,659,000, of which $12,000,000 for interest subsidies 
authorized by section 121 of the Higher Education Act of 1965, shall 
remain available until expended: Provided, That of the funds available 
for part A, subpart 2 of title VII of the Higher Education Act of 1965, 
$10,000,000 shall be available to fund awards for academic year 2000-
2001, and $10,000,000 to remain available through September 30, 2001, 
shall be available to fund awards for academic year 2001-2002, for 
fellowships under part A, subpart 1 of title VII of said Act, under the 
terms and conditions of part A, subpart 1: Provided further, That 
section 852(b)(1) of the Higher Education Amendments of 1998 is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``14'' and inserting ``16'';
            (2) in subparagraph (E), by striking ``and'' after the 
        semicolon;
            (3) in subparagraph (F), by striking the period and 
        inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(G) one member shall be appointed by the 
                Chairperson of the Committee on Health, Education, 
                Labor, and Pensions of the Senate from among members of 
                the Senate; and
                    ``(H) one member shall be appointed by the 
                Chairperson of the Committee on Education and the 
                Workforce of the House of Representatives from among 
                members of the House of Representatives.'':

Provided further, That the matter preceding paragraph (1) of section 
853(b) of the Higher Education Amendments of 1998 is amended by striking 
``6 months'' and inserting ``12 months'': Provided further, That the 
amounts provided under this heading in division A, section

[[Page 113 STAT. 1501A-253]]

101(f ) of Public Law 105-277 for the Web-Based Education Commission, 
authorized by part J of title VIII of the Higher Education Amendments of 
1998, shall remain available through September 30, 2000: Provided 
further, That $3,000,000 is for data collection and evaluation 
activities for programs under the Higher Education Act of 1965, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That of the funds 
available for title IV, part A, subpart 8 of the Higher Education Act of 
1965 and notwithstanding any other provision of law, $3,000,000 shall be 
awarded to the University of South Florida for a distance learning 
program, $190,000 shall be awarded to the New York Global Communication 
Center in West Islip, New York for a distance learning program, 
$2,000,000 shall be awarded to the Alliance for Technology, Learning and 
Society (ATLAS) at the University of Colorado for technology-enhanced 
learning, $2,500,000 shall be awarded to the Illinois Community College 
Board to develop a systemwide, on-line virtual degree program for the 
community college system in Illinois, and $1,250,000 shall be made 
available to the University of Idaho Interactive Learning Environments 
to develop and improve Internet-based delivery of education programs.

                            howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$219,444,000, of which not less than $3,530,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

          college housing and academic facilities loans program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $737,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  historically black college and university capital financing program 
                                 account

    The total amount of bonds insured pursuant to section 344 of title 
III, part D of the Higher Education Act of 1965 shall not exceed 
$357,000,000, and the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$207,000.

             education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act of 1994, including part 
E; the National Education Statistics Act of 1994, including sections 411 
and 412; section 2102 of title II, and parts A, B, and K and section 
10102, section 10105, and 10601 of title X, and part C of title XIII of 
the Elementary and Secondary Education Act of 1965, as amended, and 
title VI of Public Law

[[Page 113 STAT. 1501A-254]]

103-227, $596,892,000: Provided, That $50,000,000 shall be available to 
demonstrate effective approaches to comprehensive school reform, to be 
allocated and expended in accordance with the instructions relating to 
this activity in the statement of managers on the conference report 
accompanying Public Law 105-78 and in the statement of the managers on 
the conference report accompanying Public Law 105-277: Provided further, 
That the funds made available for comprehensive school reform shall 
become available on July 1, 2000, and remain available through September 
30, 2001, and in carrying out this initiative, the Secretary and the 
States shall support only approaches that show the most promise of 
enabling children to meet challenging State content standards and 
challenging State student performance standards based on reliable 
research and effective practices, and include an emphasis on basic 
academics and parental involvement: Provided further, That $30,000,000 
of the funds provided for the national education research institutes 
shall be allocated notwithstanding section 912(m)(1)(B-F) and 
subparagraphs (B) and (C) of section 931(c)(2) of Public Law 103-227: 
Provided further, That of the funds appropriated under section 10601 of 
title X of the Elementary and Secondary Education Act of 1965, as 
amended, $1,500,000 shall be used to conduct a violence prevention 
demonstration program: Provided further, That $45,000,000 shall be 
available to support activities under section 10105 of part A of title X 
of the Elementary and Secondary Education Act of 1965, of which up to 
$2,250,000 may be available for evaluation, technical assistance, and 
school networking activities: Provided further, That funds made 
available to local educational agencies under this section shall be used 
only for activities related to establishing smaller learning communities 
in high schools: Provided further, That funds made available for section 
10105 of part A of title X of the Elementary and Secondary Education Act 
of 1965 shall become available on July 1, 2000, and remain available 
through September 30, 2001: Provided further, That of the funds 
available for part A of title X of the Elementary and Secondary 
Education Act of 1965, $10,000,000 shall be awarded to the National 
Constitution Center, established by Public Law 100-433, for exhibition 
design, program planning and operation of the center, $10,000,000 shall 
be provided to continue a demonstration of public school facilities to 
the Iowa Department of Education, $1,000,000 shall be made available to 
the New Mexico Department of Education for school performance 
improvement and drop-out prevention, $300,000 shall be made available to 
Semos Unlimited, Inc., in New Mexico to support bilingual education and 
literacy programs, $700,000 shall be awarded to Loyola University 
Chicago for recruitment and preparation of new teacher candidates for 
employment in rural and inner-city schools, $500,000 shall be awarded to 
Shedd Aquarium/Brookfield Zoo for science education/exposure programs 
for local elementary school students, $3,000,000 shall be awarded to Big 
Brothers/Big Sisters of America to expand school-based mentoring, 
$2,500,000 shall be awarded to the Chicago Public School System to 
support a substance abuse pilot program in conjunction with Elgin and 
East Aurora School Systems, $1,000,000 shall be awarded to the 
University of Virginia Center for Governmental Studies for the Youth 
Leadership Initiative, $800,000 shall be awarded to the Institute for 
Student Achievement at Holmes Middle School and

[[Page 113 STAT. 1501A-255]]

Annandale High School in Virginia for academic enrichment programs, 
$100,000 shall be awarded to the Mountain Arts Center for educational 
programming, $1,500,000 shall be awarded to the University of Louisville 
for research in the area of academic readiness, $500,000 shall be 
awarded to the West Ed Regional Educational Laboratory for the 24 
Challenge and Jumping Levels Math Demonstration Project, $1,000,000 
shall be awarded to Central Michigan University for a charter schools 
development and performance institute, $950,000 shall be awarded to the 
Living Science Interactive Learning Model partnership in Indian River, 
Florida for a science education program, $825,000 shall be awarded to 
the North Babylon Community Youth Services for an educational program, 
$1,000,000 shall be awarded to the Los Angeles County Office of 
Education/Educational Telecommunications and Technology for a pilot 
program for teachers, $650,000 shall be awarded to the University of 
Northern Iowa for an institute of technology for inclusive education, 
$500,000 shall be awarded to Youth Crime Watch of America to expand a 
program to prevent crime, drugs and violence in schools, $892,000 shall 
be awarded to Muhlenberg College in Pennsylvania for an environmental 
science program, $560,000 shall be awarded to the Western Suffolk St. 
Johns-LaSalle Academy Science and Technology Mentoring Program, 
$4,000,000 shall be awarded to the National Teaching Academy of Chicago 
for a model teacher recruitment, preparation and professional 
development program, $2,000,000 shall be awarded to the University of 
West Florida for a teacher enhancement program, $1,000,000 shall be 
awarded to Delta State University in Mississippi for innovative teacher 
training, $1,000,000 shall be awarded to the Alaska Humanities Forum, 
Inc., in Anchorage, Alaska, $250,000 shall be awarded to An Achievable 
Dream in Newport News, Virginia to improve academic performance of at-
risk youths, $250,000 shall be awarded to the Rock School of Ballet in 
Philadelphia, Pennsylvania, to expand its community-outreach programs 
for inner-city children and underprivileged youth in Camden, New Jersey 
and southern New Jersey, $1,000,000 shall be awarded to the University 
of Maryland Center for Quality and Productivity to provide a link for 
the Blue Ribbon Schools, $1,000,000 shall be awarded to the Continuing 
Education Center and Teachers' Institute in South Boston, Virginia to 
promote participation among youth in the United States democratic 
process, $1,000,000 shall be for the National Museum of Women in the 
Arts to expand its ``Discovering Art'' program to elementary and 
secondary schools and other educational organizations, $400,000 shall be 
awarded to the Alaska Department of Education's summer reading program, 
$400,000 shall be awarded to the Partners in Education, Inc., to foster 
successful business-school partnerships, $250,000 shall be for the 
Kodiak Island Borough School District for development of an 
environmental education program, $2,000,000 shall be for the Reach Out 
and Read Program to expand literacy and health awareness for at-risk 
families, $1,000,000 shall be for the Virginia Living Museum in Newport 
News, Virginia for an educational program, $450,000 shall be for the 
Challenger Learning Center in Hardin County, Kentucky for technology 
assistance and teacher training, $250,000 shall be for the Crawford 
County School System in Georgia for technology and curriculum support, 
$500,000 shall be for the Berrien County School System in Georgia for 
technology development, $35,000 shall be for the Louisville Salvation 
Army Boys and Girls Club Diversion

[[Page 113 STAT. 1501A-256]]

Enhancement Program, $100,000 shall be awarded to the Philadelphia 
Orchestra's Philly Pops to operate the Jazz in the Schools program in 
the Philadelphia school district, $500,000 for the Mississippi Delta 
Education for a teacher incentive program initiative, $500,000 shall be 
for A Community of Agile Partners in Education and the Pennsylvania 
Telecommunications Exchange Network for a technology resource sharing 
initiative, $500,000 shall be for enhanced teacher training in reading 
in the District of Columbia, $100,000 shall be awarded to the Project 
2000 D.C. mentoring project, and $1,250,000 shall be awarded to Helen 
Keller World Wide to expand the ChildSight vision screening program and 
provide eyeglasses to additional children whose educational performance 
may be hindered by poor vision, $750,000 shall be awarded to the 
Explornet Technology Learning Project in North Carolina, $1,750,000 
shall be awarded to the Connecticut Early Reading Success Institute to 
broaden the training of professionals in best practices in reading 
instruction, $400,000 shall be awarded to the National Academy of 
Recording Artists and Sciences Foundation for the GRAMMY in the Schools 
program to provide music education to high school students, $1,000,000 
shall be awarded to the Rosa and Raymond Parks Institute for Self-
Development for the Pathways to Freedom program for civil rights 
education for young people and for community learning centers, $500,000 
shall be awarded to the Milton S. Eisenhower Foundation to replicate and 
scientifically evaluate full-service community schools, $500,000 shall 
be awarded to the Henry Abbott Technical High School in Danbury, 
Connecticut for workforce education and training activities, $1,000,000 
shall be awarded to the Educational Performance Foundation, CPI music 
education program called ``From the Top'', $250,000 shall be awarded to 
the Mount Vernon School District in Mount Vernon, New York for the 
Institute of Student Achievement program, $2,000,000 shall be awarded to 
the National Council of La Raza for a project to improve educational 
outcomes and opportunities for Hispanic children, $250,000 shall be 
awarded to the Oakland Unified School District in California for an 
African American Literacy and Culture Project, $300,000 shall be awarded 
to the Vasona Center Youth Science Institute, $750,000 shall be awarded 
to the Life Learning Academy Charter School in San Francisco, 
California, $250,000 shall be awarded to the National Urban Coalition 
Say YES To A Youngster's Future Program to provide math and science 
education, $750,000 shall be awarded to the Wisconsin Academy Staff 
Development Initiative in Chippewa Falls, Wisconsin to provide math, 
science, and technology teacher training, $500,000 shall be awarded to 
the University of Missouri-St. Louis to develop a plan to improve the 
education system in the City of St. Louis, Missouri, $313,000 shall be 
awarded to the City of Houston for the ASPIRE after-school program, 
$900,000 shall be awarded to the Boston Music Education Collaborative 
comprehensive interdisciplinary music program and teacher resource 
center in Boston, Massachusetts, $250,000 shall be awarded to the 
Baltimore Reads after-school tutoring program in Baltimore, Maryland, 
$300,000 shall be awarded to the School of International Training in 
Brattleboro, Vermont to develop an education curriculum addressing child 
labor issues in collaboration with the Brattleboro Union High School, 
$750,000 shall be awarded to the University of Puerto Rico for the 
continuation and expansion of the Hispanic Educational Linkages Program 
in New York City,

[[Page 113 STAT. 1501A-257]]

including the South Bronx, New York, $250,000 shall be awarded to the 
Community Service Society of New York for mentoring, tutoring and 
technology activities in New York City public schools, including schools 
in the South Bronx, $250,000 shall be awarded to the Smithsonian 
Institution for a jazz music education program in Washington, D.C., 
$500,000 shall be awarded to Johnson Elementary School in Cedar Rapids, 
Iowa, to develop an innovative arts education model which could be 
replicated in other schools, $2,000,000 shall be awarded to the Boys and 
Girls Clubs of America for after-school programs, $500,000 shall be for 
the University of New Orleans for a teacher preparation and educational 
technology initiative, and $250,000 shall be for the Florida Department 
of Education for an Internet-based teacher recruitment model, $250,000 
shall be awarded to the Kennedy Center for the Performing Arts for the 
``Make a Ballet'' arts education program in the New York City area: 
Provided further, That of the funds available for section 10601 of title 
X of such Act, $2,000,000 shall be awarded to the Center for Educational 
Technologies for production and distribution of an effective CD-ROM 
product that would complement the ``We the People: The Citizen and the 
Constitution'' curriculum: Provided further, That, in addition to the 
funds for title VI of Public Law 103-227 and notwithstanding the 
provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be 
available to the Center for Civic Education to conduct a civic education 
program with Northern Ireland and the Republic of Ireland and, 
consistent with the civics and Government activities authorized in 
section 601(c)(3) of Public Law 103-227, to provide civic education 
assistance to democracies in developing countries. The term ``developing 
countries'' shall have the same meaning as the term ``developing 
country'' in the Education for the Deaf Act.

                         Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of two passenger motor 
vehicles, $383,184,000.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $71,200,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $34,000,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to overcome racial imbalance in any 
school or school system, or for the transportation of students or 
teachers (or for the purchase of equipment for such

[[Page 113 STAT. 1501A-258]]

transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, except 
for a student requiring special education, to the school offering such 
special education, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of students to 
carry out a plan involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, or any 
combination of grade restructuring, pairing or clustering. The 
prohibition described in this section does not include the establishment 
of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                           (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of Education 
in this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the Appropriations Committees of both Houses of 
Congress are notified at least 15 days in advance of any transfer.
    Sec. 305. (a) From the funds appropriated for payments to local 
educational agencies under section 8003(f ) of the Elementary and 
Secondary Education Act of 1965 (``ESEA'') for fiscal year 2000, the 
Secretary of Education shall distribute supplemental payments for 
certain local educational agencies, as follows:
            (1) First, from the amount of $74,000,000, the Secretary 
        shall make supplemental payments to the following agencies under 
        section 8003(f ) of ESEA:
                    (A) Local educational agencies that received 
                assistance under section 8003(f ) for fiscal year 1999--
                          (i) in fiscal year 1997 had at least 40 
                      percent federally connected children described in 
                      section 8003(a)(1) in average daily attendance; 
                      and in fiscal year 1997 had a tax rate for general 
                      fund purposes which was at least 95 percent of the 
                      State average tax rate for general fund purposes; 
                      or
                          (ii) whose boundary is coterminous with the 
                      boundary of a Federal military installation.
                    (B) Local educational agencies that received 
                assistance under section 8003(f ) for fiscal year 1999; 
                and in fiscal year 1997 had at least 30 percent 
                federally connected children described in section 
                8003(a)(1) in average daily attendance; and in fiscal 
                year 1997 had a tax rate for general fund purposes which 
                was at least 125 percent of the State average tax rate 
                for general fund purposes.
                    (C) Any eligible local educational agency that in 
                fiscal year 1997, which had at least 25,000 children in 
                average daily attendance, at least 50 percent federally 
                connected children described in section 8003(a)(1) in 
                average daily

[[Page 113 STAT. 1501A-259]]

                attendance, and at least 6,000 children described in 
                subparagraphs (A) and (B) of section 8003(a)(1) in 
                average daily attendance.
            (2) From the remaining $2,000,000 and any amounts available 
        after making payments under paragraph (1), the Secretary shall 
        then make supplemental payments to local educational agencies 
        that are not described in paragraph (1) of this subsection, but 
        that meet the requirements of paragraphs (2) and (4) of section 
        8003(f ) of ESEA for fiscal year 2000.
            (3) After making payments to all eligible local educational 
        agencies described in paragraph (2) of subsection (a), the 
        Secretary shall use any remaining funds from paragraph (2) for 
        making payments to the eligible local educational agencies 
        described in paragraph (1) of subsection (a) if the amount 
        available under paragraph (1) is insufficient to fully fund all 
        eligible local educational agencies.
            (4) After making payments to all eligible local educational 
        agencies as described in paragraphs 1 through 3, the Secretary 
        shall use any remaining funds to increase basic support payments 
        under section 8003(b) for fiscal year 2000 for all eligible 
        applicants.

    (b) In calculating the amounts of supplemental payments for agencies 
described in subparagraphs (1)(A) and (B) and paragraph (2) of 
subsection (a), the Secretary shall use the formula contained in section 
8003(b)(1)(C) of ESEA, except that--
            (1) eligible local educational agencies may count all 
        children described in section 8003(a)(1) in computing the amount 
        of those payments;
            (2) maximum payments for any of those agencies that use 
        local contribution rates identified in section 8003(b)(1)(C) (i) 
        or (ii) shall be computed by using four-fifths instead of one-
        half of those rates;
            (3) the learning opportunity threshold percentage of all 
        such agencies under section 8003(b)(2)(B) shall be deemed to be 
        100;
            (4) for an eligible local educational agency with 35 percent 
        or more of its children in average daily attendance described in 
        either subparagraph (D) or (E) of section 8003(a)(1) in fiscal 
        year 1997, the weighted student unit figure from its regular 
        basic support payment shall be recomputed by using a factor of 
        0.55 for such children;
            (5) for an eligible local educational agency with fewer than 
        100 children in average daily attendance in fiscal year 1997, 
        the weighted student unit figure from its regular basic support 
        payment shall be recomputed by multiplying the total number of 
        children described in section 8003(a)(1) by a factor of 1.75; 
        and
            (6) for an eligible local educational agency whose total 
        number of children in average daily attendance in fiscal year 
        1997 was at least 100, but fewer than 750, the weighted student 
        unit figure from its regular basic support payment shall be 
        recomputed by multiplying the total number of children described 
        in section 8003(a)(1) by a factor of 1.25.

    (c) For a local educational agency described in subsection (a)(1)(C) 
above, the Secretary shall use the formula contained in section 
8003(b)(1)(C) of ESEA, except that the weighted student

[[Page 113 STAT. 1501A-260]]

unit total from its regular basic support payment shall be recomputed by 
using a factor of 1.35 for children described in subparagraphs (A) and 
(B) of section 8003(a)(1) and its learning opportunity threshold 
percentage shall be deemed to be 100.
    (d) For each eligible local educational agency, the calculated 
supplemental section 8003(f ) payment shall be reduced by subtracting 
the agency's fiscal year 2000 section 8003(b) basic support payment.
    (e) If the sums described in subsections (a)(1) and (2) above are 
insufficient to pay in full the calculated supplemental payments for the 
local educational agencies identified in those subsections, the 
Secretary shall ratably reduce the supplemental section 8003(f ) payment 
to each local educational agency.
    Sec. 306. (a) Section 1204(b)(1)(A) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6364(b)(1)(a)) is amended--
            (1) in clause (iv), by striking ``and'' after the semicolon;
            (2) by striking clause (v) and adding the following:
            ``(v) 50 percent in the fifth, sixth, seventh, and eighth 
        such years; and
            ``(vi) 35 percent in any subsequent such year.''.

    (b) Section 1208(b) of the Elementary and Secondary Education Act of 
1965 is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Continuing eligibility.--In awarding subgrant funds to 
        continue a program under this part after the first year, the 
        State educational agency shall review the progress of each 
        eligible entity in meeting the goals of the program referred to 
        in section 1207(c)(1)(A) and shall evaluate the program based on 
        the indicators of program quality developed by the State under 
        section 1210.''; and
            (2) in paragraph (5)(A), by striking the last sentence.

    Sec. 307. (a) Notwithstanding sections 401( j) and 435(a)(2) of the 
Higher Education Act of 1965 (20 U.S.C. 1070a( j) and 1085(a)(2)) and 
subject to the requirements of subsection (b), the Secretary of 
Education shall--
            (1) recalculate the official fiscal year 1996 cohort default 
        rate for Jacksonville College of Jacksonville, Texas, on the 
        basis of data corrections confirmed by the Texas Guaranteed 
        Student Loan Corporation; and
            (2) restore the eligibility of Jacksonville College to 
        participate in the Federal Pell Grant Program for the 1999-2000 
        award year and succeeding award years.

    (b) Jacksonville College shall implement a default management plan 
that is satisfactory to the Secretary of Education.
    (c) For purposes of determining its Federal Pell Grant Program 
eligibility, Jacksonville College shall be deemed to have withdrawn from 
the Federal Family Education Loan program as of October 6, 1998.
    Sec. 308. An amount of $14,500,000 from the balances of returned 
reserve funds, formerly held by the Higher Education Assistance 
Foundation, that are currently held in Higher Education Assistance 
Foundation Claims Reserves, Treasury account number 91X6192, and 
$12,000,000 from funds formerly held by the Higher Education Assistance 
Foundation, that are currently held in trust, shall be deposited in the 
general fund of the Treasury.

[[Page 113 STAT. 1501A-261]]

    Sec. 309. Of the funds provided in title III of this Act, under the 
heading ``Higher Education'', for title VII, part B of the Higher 
Education Act of 1965, $250,000 shall be awarded to the Snelling Center 
for Government at the University of Vermont for a model school program, 
$750,000 shall be awarded to Texas A&M University, Corpus Christi, for 
operation of the Early Childhood Development Center, $1,000,000 shall be 
awarded to Southeast Missouri State University for equipment and 
curriculum development associated with the University's Polytechnic 
Institute, $800,000 shall be awarded to the Washington Virtual Classroom 
Consortium to develop, equip and implement an ecosystem curriculum, 
$500,000 shall be provided to the Puget Sound Center for Technology for 
faculty development activities for the use of technology in the 
classroom, $500,000 shall be awarded to the Center for the Advancement 
of Distance Education in Rural America, $3,000,000, to be available 
until expended, shall be awarded to the University Center of Lake 
County, Illinois and $1,000,000, to be available until expended, shall 
be awarded to the Oregon University System for activities authorized 
under title III, part A, section 311(c)(2), of the Higher Education Act 
of 1965, as amended, $500,000 shall be awarded to Columbia College 
Illinois for a freshman retention program, $1,500,000 shall be awarded 
to the University of Hawaii at Manoa for a Globalization Research 
Center, $2,000,000 shall be awarded to the University of Arkansas at 
Pine Bluff for technology infrastructure, $1,000,000 shall be awarded to 
the I Have a Dream Foundation, $1,000,000 shall be awarded to a 
demonstration program for activities authorized under part G of title 
VIII of the Higher Education Act of 1965, as amended, $3,000,000 shall 
be awarded to the Daniel J. Evans School of Public Policy at the 
University of Washington, $200,000 shall be awarded to North Dakota 
State University for the Career Program for Dislocated Farmers and 
Ranchers, $350,000 shall be awarded to North Dakota State University for 
the Tech-based Industry Traineeship Program, $3,000,000 shall be awarded 
to Washington State University for the Thomas S. Foley Institute to 
support programs in congressional studies, public policy, voter 
education, and to ensure community access and outreach, $200,000 shall 
be awarded to Minot State University for the Rural Communications 
Disabilities Program, $300,000 shall be awarded to Bryant College for 
the Linking International Trade Education Program (LITE), $1,000,000 
shall be awarded to Concord College, West Virginia for a technology 
center to further enhance the technical skills of West Virginia teachers 
and students, $200,000 shall be awarded to Peirce College in 
Philadelphia, Pennsylvania for education and training programs, $250,000 
shall be awarded to the Philadelphia Zoo for educational programs, 
$800,000 shall be awarded to Spelman College in Georgia for educational 
operations, $1,000,000 shall be awarded to the Philadelphia University 
Education Center for technology education, $725,000 shall be awarded to 
Lock Haven University for technology innovations, $250,000 for Middle 
Georgia College for an advanced distributed learning center 
demonstration program, $1,000,000 for the University of the Incarnate 
Word in San Antonio, Texas, to improve teacher capabilities in 
technology, $1,000,000 for Elmira College in New York for a technology 
enhancement initiative, $1,000,000 shall be awarded to the Southeastern 
Pennsylvania Consortium on Higher Education for education programs, 
$400,000

[[Page 113 STAT. 1501A-262]]

shall be awarded to Lehigh University Iacocca Institute for educational 
training, $250,000 shall be awarded to Lafayette College for arts 
education, $1,000,000 shall be awarded to Lewis and Clark College for 
the Crime Victims Law Institute, $1,650,000 for Rust College in 
Mississippi for technology infrastructure, $500,000 for the University 
of Notre Dame for a teacher quality initiative, $2,400,000 shall be 
awarded to the Western Governors University for a distance learning 
initiative, $1,000,000 shall be awarded to the Alabama A&M University 
for the development of a research institute, $1,000,000 shall be awarded 
to Tarleton State University in Stephenville, Texas for the Center for 
Astronomy Education and Research summer science programs for students 
and teachers, $1,500,000 shall be awarded to the Great Plains Network at 
Kansas University, $350,000 shall be awarded to the Science Education 
and Literacy Center at Rider University in New Jersey, $1,500,000 shall 
be awarded to the Indiana State University DegreeLink Partnership for a 
distance learning program, $1,000,000 shall be awarded to the Ivy 
Technical State College in Indiana for a machine tool training program, 
$1,250,000 shall be awarded to the Connecticut State University System 
Center for Education Technology Assessment, $400,000 shall be awarded to 
Monmouth University in New Jersey for the 21st Century Science Teachers 
Skills Project, $58,000 shall be awarded to the Black Hawk College 
International Business Education Center in Moline, Illinois for training 
in international economics, $325,000 shall be awarded to the World 
Learning School of International Training in Brattleboro, Vermont for 
the expansion of a language study program, $500,000 shall be awarded to 
the Diablo Valley Community College at Contra-Costa Community College 
District for a model teacher program to foster interest in teaching 
careers among high school and community college students, $1,000,000 
shall be awarded to the Urban College of Boston, Massachusetts, for 
tutoring and mentoring services for educationally disadvantaged 
students, $1,000,000 shall be awarded to the University of Rhode Island 
Center for Environmental Design, Planning, and Policy in Kingston, Rhode 
Island to foster environmental education, $800,000 shall be awarded to 
the Wisconsin Indianhead Technical College at Ashland and Superior to 
provide high technology education and training, $400,000 shall be for an 
award to the University of Wisconsin at Superior for Project SPARKS to 
link faculty with schools in the Superior School District in Wisconsin, 
and $100,000 shall be awarded to the University of Nevada at Las Vegas 
for the Nevada Institute for Children Children's literacy program.
    Sec. 310. (a) From the amount appropriated for title VI of the 
Elementary and Secondary Education Act of 1965 in accordance with this 
section, the Secretary of Education--(1) shall make available a total of 
$6,000,000 to the Secretary of the Interior (on behalf of the Bureau of 
Indian Affairs) and the outlying areas for activities under this 
section; and (2) shall allocate the remainder by providing each State 
the same percentage of that remainder as it received of the funds 
allocated to States under section 307(a)(2) of the Department of 
Education Appropriations Act, 1999.
    (b)(1) Each State that receives funds under this section shall 
distribute 100 percent of such funds to local educational agencies, of 
which--

[[Page 113 STAT. 1501A-263]]

            (A) 80 percent of such amount shall be allocated to such 
        local educational agencies in proportion to the number of 
        children, aged 5 to 17, who reside in the school district served 
        by such local educational agency from families with incomes 
        below the poverty line (as defined by the Office of Management 
        and Budget and revised annually in accordance with section 
        673(2) of the Community Services Block Grant Act (42 U.S.C. 
        9902(2))) applicable to a family of the size involved for the 
        most recent fiscal year for which satisfactory data are 
        available compared to the number of such individuals who reside 
        in the school districts served by all the local educational 
        agencies in the State for that fiscal year; and
            (B) 20 percent of such amount shall be allocated to such 
        local educational agencies in accordance with the relative 
        enrollments of children, aged 5 to 17, in public and private 
        nonprofit elementary and secondary schools within the boundaries 
        of such agencies.

    (2) Notwithstanding paragraph (1), if the award to a local 
educational agency under this section is less than the starting salary 
for a new fully qualified teacher in that agency who is certified within 
the State (which may include certification through State or local 
alternative routes), has a baccalaureate degree, and demonstrates the 
general knowledge, teaching skills, and subject matter knowledge 
required to teach in his or her content areas, that agency may use funds 
under this section to (A) help pay the salary of a full- or part-time 
teacher hired to reduce class size, which may be in combination with 
other Federal, State, or local funds; or (B) pay for activities 
described in subsection (c)(2)(A)(iii) which may be related to teaching 
in smaller classes.
    (c)(1) The basic purpose and intent of this section is to reduce 
class size with fully qualified teachers. Each local educational agency 
that receives funds under this section shall use such funds to carry out 
effective approaches to reducing class size with fully qualified 
teachers who are certified within the State, including teachers 
certified through State or local alternative routes, and who demonstrate 
competency in the areas in which they teach, to improve educational 
achievement for both regular and special needs children, with particular 
consideration given to reducing class size in the early elementary 
grades for which some research has shown class size reduction is most 
effective.
    (2)(A) Each such local educational agency may use funds under this 
section for
            (i) recruiting (including through the use of signing 
        bonuses, and other financial incentives), hiring, and training 
        fully qualified regular and special education teachers (which 
        may include hiring special education teachers to team-teach with 
        regular teachers in classrooms that contain both children with 
        disabilities and non-disabled children) and teachers of special-
        needs children, who are certified within the State, including 
        teachers certified through State or local alternative routes, 
        have a baccalaureate degree and demonstrate the general 
        knowledge, teaching skills, and subject matter knowledge 
        required to teach in their content areas;
            (ii) testing new teachers for academic content knowledge, 
        and to meet State certification requirements that are consistent 
        with title II of the Higher Education Act of 1965; and

[[Page 113 STAT. 1501A-264]]

            (iii) providing professional development (which may include 
        such activities as promoting retention and mentoring) to 
        teachers, including special education teachers and teachers of 
        special-needs children, in order to meet the goal of ensuring 
        that all instructional staff have the subject matter knowledge, 
        teaching knowledge, and teaching skills necessary to teach 
        effectively in the content area or areas in which they provide 
        instruction, consistent with title II of the Higher Education 
        Act of 1965.

    (B)(i) Except as provided under clause (ii) a local educational 
agency may use not more than a total of 25 percent of the award received 
under this section for activities described in clauses (ii) and (iii) of 
subparagraph (A).
    (ii) A local educational agency in an Ed-Flex Partnership State 
under Public Law 106-25, the Education Flexibility Partnership Act, and 
in which 10 percent or more of teachers in elementary schools as defined 
by section 14101(14) of the Elementary and Secondary Education Act of 
1965 have not met applicable State and local certification requirements 
(including certification through State or local alternative routes), or 
if such requirements have been waived, may apply to the State 
educational agency for a waiver that would permit it to use more than 25 
percent of the funds it receives under this section for activities 
described in subparagraph (A)(iii) for the purpose of helping teachers 
who have not met the certification requirements become certified.
    (iii) If the State educational agency approves the local educational 
agency's application for a waiver under clause (ii), the local 
educational agency may use the funds subject to the waiver for 
activities described in subparagraph (A)(iii) that are needed to ensure 
that at least 90 percent of the teachers in elementary schools are 
certified within the State.
    (C) A local educational agency that has already reduced class size 
in the early grades to 18 or less children (or has already reduced class 
size to a State or local class size reduction goal that was in effect on 
the day before the enactment of the Department of Education 
Appropriations Act, 2000, if that State or local educational agency goal 
is 20 or fewer children) may use funds received under this section--
            (i) to make further class size reductions in grades 
        kindergarten through 3;
            (ii) to reduce class size in other grades; or
            (iii) to carry out activities to improve teacher quality, 
        including professional development.

    (D) If a local educational agency has already reduced class size in 
the early grades to 18 or fewer children and intends to use funds 
provided under this section to carry out professional development 
activities, including activities to improve teacher quality, then the 
State shall make the award under subsection (b) to the local educational 
agency.
    (3) Each such agency shall use funds under this section only to 
supplement, and not to supplant, State and local funds that, in the 
absence of such funds, would otherwise be spent for activities under 
this section.
    (4) No funds made available under this section may be used to 
increase the salaries or provide benefits, other than participation in 
professional development and enrichment programs, to teachers who are 
not hired under this section. Funds under this section

[[Page 113 STAT. 1501A-265]]

may be used to pay the salary of teachers hired under section 307 of the 
Department of Education Appropriations Act, 1999.
    (d)(1) Each State receiving funds under this section shall report on 
activities in the State under this section, consistent with section 
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
    (2) Each State and local educational agency receiving funds under 
this section shall publicly report to parents on its progress in 
reducing class size, increasing the percentage of classes in core 
academic areas taught by fully qualified teachers who are certified 
within the State and demonstrate competency in the content areas in 
which they teach, and on the impact that hiring additional highly 
qualified teachers and reducing class size, has had, if any, on 
increasing student academic achievement.
    (3) Each school receiving funds under this section shall provide to 
parents upon request, the professional qualifications of their child's 
teacher.
    (e) If a local educational agency uses funds made available under 
this section for professional development activities, the agency shall 
ensure for the equitable participation of private nonprofit elementary 
and secondary schools in such activities. Section 6402 of the Elementary 
and Secondary Education Act of 1965 shall not apply to other activities 
under this section.
    (f ) Administrative Expenses.--A local educational agency that 
receives funds under this section may use not more than 3 percent of 
such funds for local administrative costs.
    (g) Request for Funds.--Each local educational agency that desires 
to receive funds under this section shall include in the application 
required under section 6303 of the Elementary and Secondary Education 
Act of 1965 a description of the agency's program to reduce class size 
by hiring additional highly qualified teachers.
    (h) No funds under this section may be used to pay the salary of any 
teacher hired with funds under section 307 of the Department of 
Education Appropriations Act, 1999, unless, by the start of the 2000-
2001 school year, the teacher is certified within the State (which may 
include certification through State or local alternative routes) and 
demonstrates competency in the subject areas in which he or she teaches.
    (i) Titles III and IV of the Goals 2000: Educate America Act are 
repealed on September 30, 2000.

 limitation on punitive damages awarded against institutions of higher 
                                education

    Sec. 311. Section 5 of the Y2K Act (15 U.S.C. 6604) is amended by 
adding at the end the following:
    ``(d) Institutions of Higher Education.--
            ``(1) In general.--Subject to paragraph (2), punitive 
        damages in a Y2K action may not be awarded against an instituion 
        of higher education as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
            ``(2) Exception.--Paragraph (1) shall not apply to an 
        institution of higher education if the Y2K failure in the Y2K 
        action occurred in a computer-based student financial aid system 
        of that institution of higher education, and the institution--
                    ``(A) has not passed Y2K data exchange testing with 
                the Department of Education; or

[[Page 113 STAT. 1501A-266]]

                    ``(B) is not or was not in the process of performing 
                data exchange testing with the Department of Education 
                at the time the Department terminates such testing.''.

    Sec. 312. Section 4 of P.L. 106-71 is amended by striking subsection 
(c).

SEC. 313. HOLD HARMLESS.

    (a) Local Contribution Rate.--For purposes of calculating a payment 
under section 8003(b) of the Elementary and Secondary Education Act of 
1965 for fiscal year 1999 or 2000 with respect to any local educational 
agency described in subsection (b), the Secretary of Education shall not 
use a local contribution rate for the fiscal year that is less than the 
local contribution rate used for the local educational agency for fiscal 
year 1998.
    (b) Local Educational Agencies.--A local educational agency referred 
to in subsection (a) is any local educational agency that--
            (1) is eligible to receive a payment under section 8003(b) 
        of the Elementary and Secondary Education Act of 1965 for fiscal 
        year 1999 or 2000, as the case may be; and
            (2) received a payment under such section for fiscal year 
        1998 that was calculated on the basis of a local contribution 
        rate based on generally comparable school districts using the 
        special additional factors method.

    (c) Effective Date.--This section shall be effective for fiscal 
years 1999 and 2000.

SEC. 314. VOTER REGISTRATION OF COLLEGE STUDENTS.

    Subparagraph (C) of section 487(a)(23) of the Higher Education Act 
of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows:
                    ``(C) This paragraph shall apply to general and 
                special elections for Federal office, as defined in 
                section 301(3) of the Federal Election Campaign Act of 
                1971 (2 U.S.C. 431(3)), and to the elections for 
                Governor or other chief executive within such State).''.

    This title may be cited as the ``Department of Education 
Appropriations Act, 2000''.

                       TITLE IV--RELATED AGENCIES

                      armed forces retirement home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $68,295,000, of which 
$12,696,000 shall remain available until expended for construction and 
renovation of the physical plants at the United States Soldiers' and 
Airmen's Home and the United States Naval Home: Provided, That, 
notwithstanding any other provision of law, a single contract or related 
contracts for development and construction, to include construction of a 
long-term care facility at the United States Naval Home, may be employed 
which collectively include the full scope of the project: Provided 
further, That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18 and 252.232-7007, 
Limitation of Government Obligations.

[[Page 113 STAT. 1501A-267]]

             Corporation for National and Community Service

         domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $295,645,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by part E of title II of 
the Domestic Volunteer Service Act of 1973 shall be used to provide 
stipends to volunteers or volunteer leaders whose incomes exceed the 
income guidelines established for payment of stipends under the Foster 
Grandparent and Senior Companion programs: Provided further, That the 
foregoing proviso shall not apply to the Seniors for Schools program.

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2002, $350,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or is denied 
benefits, or is discriminated against, on the basis of race, color, 
national origin, religion, or sex: Provided further, That in addition to 
the amounts provided above, $10,000,000 shall be for digitalization, 
only if specifically authorized by subsequent legislation enacted by 
September 30, 2000.

               Federal Mediation and Conciliation Service

                          salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by the 
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$36,834,000, including $1,500,000, to remain available through September 
30, 2001, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and other conflict resolution services and technical 
assistance, including those provided to foreign governments and 
international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce: Provided further, That the Director 
of the Service is authorized to accept and use on behalf of the United 
States

[[Page 113 STAT. 1501A-268]]

gifts of services and real, personal, or other property in the aid of 
any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health Review 
Commission (30 U.S.C. 801 et seq.), $6,159,000.

                Institute of Museum and Library Services

          Office of Library Services: Grants and Administration

    For carrying out subtitle B of the Museum and Library Services Act, 
$166,885,000, of which $22,991,000 shall be awarded to national 
leadership projects, notwithstanding any other provision of law: 
Provided, That of the amount provided, $700,000 shall be awarded to the 
Library and Archives of New Hampshire's Political Tradition at the New 
Hampshire State Library, $1,000,000 shall be awarded to the Vermont 
Department of Libraries in Montpelier, Vermont, $750,000 shall be 
awarded to consolidation and preservation of archives and special 
collections at the University of Miami Library in Coral Gables, Florida, 
$1,900,000 shall be awarded to exhibits and library improvements for the 
Mississippi River Museum and Discovery Center in Dubuque, Iowa, $750,000 
shall be awarded to the Alaska Native Heritage Center in Anchorage, 
Alaska, $750,000 shall be awarded to the Peabody-Essex Museum in Salem, 
Massachusetts, $750,000 shall be awarded to the Bishop Museum in Hawaii, 
$200,000 shall be awarded to Oceanside Public Library in California for 
a local cultural heritage project, $1,000,000 shall be awarded to the 
Urban Children's Museum Collaborative to develop and implement pilot 
programs dedicated to serving at-risk children and their families, 
$150,000 shall be awarded to the Troy State University Dothan in Alabama 
for archival of a special collection, $450,000 shall be awarded to 
Chadron State College in Nebraska for the Mari Sandoz Center, $350,000 
shall be awarded to the Alabama A&M University Alabama State Black 
Archives Research Center and Museum, $350,000 shall be awarded to Mystic 
Seaport, the Museum of America and the Sea, in Connecticut to develop an 
educational outreach and informal learning laboratory, $100,000 shall be 
awarded to the Museum for African Art in New York City, New York for 
community programming, $35,000 shall be awarded to the Children's Museum 
of Manhattan in New York City, New York for family programming, $400,000 
shall be awarded to the Full Service Library in Molalla, Oregon for 
technology training and community education programs, $250,000 shall be 
awarded to Temple University Libraries African American library 
digitization initiative, and $1,000,000 shall be awarded to the Natural 
History Museum of Los Angeles County, for a science education program 
that targets a Spanish speaking audience, $1,000,000 for Dakota Wesleyan 
University to support enhanced use of technology in the delivery of 
library services and $500,000 shall be for the Portland State Millar 
Library for technology based information and research networks.

[[Page 113 STAT. 1501A-269]]

                  Medicare Payment Advisory Commission

                          salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $7,015,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                          salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public Law 
91-345, as amended), $1,300,000.

                     National Council on Disability

                          salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$2,400,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$2,250,000.

                     National Labor Relations Board

                          salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $206,500,000: 
Provided, That no part of this appropriation shall be available to 
organize or assist in organizing agricultural laborers or used in 
connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f ) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 95 
percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                          salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $9,600,000: Provided, That unobligated 
balances at the end of fiscal year 2000 not needed

[[Page 113 STAT. 1501A-270]]

for emergency boards shall remain available for other statutory purposes 
through September 30, 2001.

            Occupational Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review 
Commission (29 U.S.C. 661), $8,500,000.

                        Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $174,000,000, 
which shall include amounts becoming available in fiscal year 2000 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $174,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the fiscal 
year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2001, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $91,000,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,400,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office.

[[Page 113 STAT. 1501A-271]]

                     Social Security Administration

                 payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,764,000.

                special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $383,638,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 2001, 
$124,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$21,503,085,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security trust 
funds for administrative expenses for conducting continuing disability 
reviews.
    In addition, $200,000,000, to remain available until September 30, 
2001, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and section 10203 of Public Law 105-33. The term 
``continuing disability reviews'' means reviews and redeterminations as 
defined under section 201(g)(1)(A) of the Social Security Act, as 
amended.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2001, $9,890,000,000, to remain 
available until expended.

                  limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $6,111,871,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,800,000 shall be for the Social

[[Page 113 STAT. 1501A-272]]

Security Advisory Board: Provided further, That unobligated balances at 
the end of fiscal year 2000 not needed for fiscal year 2000 shall remain 
available until expended to invest in the Social Security Administration 
computing network, including related equipment and non-payroll 
administrative expenses associated solely with this network: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    From funds provided under the previous paragraph, notwithstanding 
the provision under this heading in Public Law 105-277 regarding 
unobligated balances at the end of fiscal year 1999 not needed for such 
fiscal year, an amount not to exceed $100,000,000 from such unobligated 
balances shall, in addition to funding already available under this 
heading for fiscal year 2000, be available for necessary expenses.
    From funds provided under the first paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $405,000,000, to remain 
available until September 30, 2001, for continuing disability reviews as 
authorized by section 103 of Public Law 104-121 and section 10203 of 
Public Law 105-33. The term ``continuing disability reviews'' means 
reviews and redeterminations as defined under section 201(g)(1)(A) of 
the Social Security Act, as amended.
    In addition, $80,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2000 exceed $80,000,000, the amounts shall be available in 
fiscal year 2001 only to the extent provided in advance in 
appropriations Acts.
    From amounts previously made available under this heading for a 
state-of-the-art computing network, not to exceed $100,000,000 shall be 
available for necessary expenses under this heading, subject to the same 
terms and conditions.
    From funds provided under the first paragraph, the Commissioner of 
Social Security may direct up to $3,000,000, in addition to funds 
previously appropriated for this purpose, to continue Federal-State 
partnerships which will evaluate means to promote Medicare buy-in 
programs targeted to elderly and disabled individuals under titles XVIII 
and XIX of the Social Security Act.

                       office of inspector general

                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $15,000,000, together with not to exceed

[[Page 113 STAT. 1501A-273]]

$51,000,000, to be transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund.
    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available: Provided, That notice of such transfers shall 
be transmitted promptly to the Committees on Appropriations of the House 
and Senate.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $13,000,000.

                       TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $20,000 and $15,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses not 
to exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out

[[Page 113 STAT. 1501A-274]]

any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by non-governmental sources.
    Sec. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).

[[Page 113 STAT. 1501A-275]]

    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 510. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made available 
in this Act may be used for any activity that promotes the legalization 
of any drug or other substance included in schedule I of the schedules 
of controlled substances established by section 202 of the Controlled 
Substances Act (21 U.S.C. 812).
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
when there is significant medical evidence of a therapeutic advantage to 
the use of such drug or other substance or that federally sponsored 
clinical trials are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 513. Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of fiscal year 2000 
from appropriations made available for salaries and expenses for fiscal 
year 2000 in this Act, shall remain available through December 31, 2000, 
for each such account for the purposes authorized: Provided, That the 
House and Senate Committees on Appropriations shall be notified at least 
15 days prior to the obligation of such funds.
    Sec. 514. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer

[[Page 113 STAT. 1501A-276]]

or a health care provider), until legislation is enacted specifically 
approving the standard.
    Sec. 515. Section 520(c)(2)(D) of the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriations 
Act, 1997, as amended, is further amended by striking ``December 31, 
1997'' and inserting ``March 31, 2000''.
    Sec. 516. The United States-Mexico Border Health Commission Act (22 
U.S.C. 290n et seq.) is amended--
            (1) by striking section 2 and inserting the following:

``SEC. 2. APPOINTMENT OF MEMBERS OF BORDER HEALTH COMMISSION.

    ``Not later than 30 days after the date of the enactment of this 
section, the President shall appoint the United States members of the 
United States-Mexico Border Health Commission, and shall attempt to 
conclude an agreement with Mexico providing for the establishment of 
such Commission.''; and
            (2) in section 3--
                    (A) in paragraph (1), by striking the semicolon and 
                inserting ``; and'';
                    (B) in paragraph (2)(B), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (3).

    Sec. 517. The applicable time limitations with respect to the giving 
of notice of injury and the filing of a claim for compensation for 
disability or death by an individual under the Federal Employees' 
Compensation Act, as amended, for injuries sustained as a result of the 
person's exposure to a nitrogen or sulfur mustard agent in the 
performance of official duties as an employee at the Department of the 
Army's Edgewood Arsenal before March 20, 1944, shall not begin to run 
until the date of the enactment of this Act.
    Sec. 518. Section 169(d)(2)(B) of Public Law 105-220, the Workforce 
Investment Act of 1998, is amended by striking ``or Alaska Native 
villages or Native groups (as such terms are defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).'' and inserting 
``or Alaska Natives.''.

TITLE VI--EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND 
                        INFANTS WITH HEARING LOSS

    Sec. 601. (a) Definitions.--For the purposes of this section only, 
the following terms in this section are defined as follows:
            (1) Hearing screening.--Newborn and infant hearing screening 
        consists of objective physiologic procedures to detect possible 
        hearing loss and to identify newborns and infants who, after 
        rescreening, require further audiologic and medical evaluations.
            (2) Audiologic evaluation.--Audiologic evaluation consists 
        of procedures to assess the status of the auditory system; to 
        establish the site of the auditory disorder; the type and degree 
        of hearing loss, and the potential effects of hearing loss on 
        communication; and to identify appropriate treatment and 
        referral options. Referral options should include linkage to 
        State IDEA part C coordinating agencies or other appropriate 
        agencies, medical evaluation, hearing aid/sensory aid 
        assessment, audiologic rehabilitation treatment, national and 
        local

[[Page 113 STAT. 1501A-277]]

        consumer, self-help, parent, and education organizations, and 
        other family-centered services.
            (3) Medical evaluation.--Medical evaluation by a physician 
        consists of key components including history, examination, and 
        medical decision making focused on symptomatic and related body 
        systems for the purpose of diagnosing the etiology of hearing 
        loss and related physical conditions, and for identifying 
        appropriate treatment and referral options.
            (4) Medical intervention.--Medical intervention is the 
        process by which a physician provides medical diagnosis and 
        direction for medical and/or surgical treatment options of 
        hearing loss and/or related medical disorder associated with 
        hearing loss.
            (5) Audiologic rehabilitation.--Audiologic rehabilitation 
        (intervention) consists of procedures, techniques, and 
        technologies to facilitate the receptive and expressive 
        communication abilities of a child with hearing loss.
            (6) Early intervention.--Early intervention (e.g., 
        nonmedical) means providing appropriate services for the child 
        with hearing loss and ensuring that families of the child are 
        provided comprehensive, consumer-oriented information about the 
        full range of family support, training, information services, 
        communication options and are given the opportunity to consider 
        the full range of educational and program placements and options 
        for their child.

    (b) Purposes.--The purposes of this section are to clarify the 
authority within the Public Health Service Act to authorize statewide 
newborn and infant hearing screening, evaluation and intervention 
programs and systems, technical assistance, a national applied research 
program, and interagency and private sector collaboration for policy 
development, in order to assist the States in making progress toward the 
following goals:
            (1) All babies born in hospitals in the United States and 
        its territories should have a hearing screening before leaving 
        the birthing facility. Babies born in other countries and 
        residing in the United States via immigration or adoption should 
        have a hearing screening as early as possible.
            (2) All babies who are not born in hospitals in the United 
        States and its territories should have a hearing screening 
        within the first 3 months of life.
            (3) Appropriate audiologic and medical evaluations should be 
        conducted by 3 months for all newborns and infants suspected of 
        having hearing loss to allow appropriate referral and provisions 
        for audiologic rehabilitation, medical and early intervention 
        before the age of 6 months.
            (4) All newborn and infant hearing screening programs and 
        systems should include a component for audiologic 
        rehabilitation, medical and early intervention options that 
        ensures linkage to any new and existing statewide systems of 
        intervention and rehabilitative services for newborns and 
        infants with hearing loss.
            (5) Public policy in regard to newborn and infant hearing 
        screening and intervention should be based on applied research 
        and the recognition that newborns, infants, toddlers, and 
        children who are deaf or hard-of-hearing have unique language, 
        learning, and communication needs, and should be the result of 
        consultation with pertinent public and private sectors.

[[Page 113 STAT. 1501A-278]]

    (c) Statewide Newborn and Infant Hearing Screening, Evaluation and 
Intervention Programs and Systems.--Under the existing authority of the 
Public Health Service Act, the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary''), acting through the 
Administrator of the Health Resources and Services Administration, shall 
make awards of grants or cooperative agreements to develop statewide 
newborn and infant hearing screening, evaluation and intervention 
programs and systems for the following purposes:
            (1) To develop and monitor the efficacy of statewide newborn 
        and infant hearing screening, evaluation and intervention 
        programs and systems. Early intervention includes referral to 
        schools and agencies, including community, consumer, and parent-
        based agencies and organizations and other programs mandated by 
        part C of the Individuals with Disabilities Education Act, which 
        offer programs specifically designed to meet the unique language 
        and communication needs of deaf and hard-of-hearing newborns, 
        infants, toddlers, and children.
            (2) To collect data on statewide newborn and infant hearing 
        screening, evaluation and intervention programs and systems that 
        can be used for applied research, program evaluation and policy 
        development.

    (d) Technical Assistance, Data Management, and Applied Research.--
            (1) Centers for disease control and prevention.--Under the 
        existing authority of the Public Health Service Act, the 
        Secretary, acting through the Director of the Centers for 
        Disease Control and Prevention, shall make awards of grants or 
        cooperative agreements to provide technical assistance to State 
        agencies to complement an intramural program and to conduct 
        applied research related to newborn and infant hearing 
        screening, evaluation and intervention programs and systems. The 
        program shall develop standardized procedures for data 
        management and program effectiveness and costs, such as--
                    (A) to ensure quality monitoring of newborn and 
                infant hearing loss screening, evaluation, and 
                intervention programs and systems;
                    (B) to provide technical assistance on data 
                collection and management;
                    (C) to study the costs and effectiveness of newborn 
                and infant hearing screening, evaluation and 
                intervention programs and systems conducted by State-
                based programs in order to answer issues of importance 
                to State and national policymakers;
                    (D) to identify the causes and risk factors for 
                congenital hearing loss;
                    (E) to study the effectiveness of newborn and infant 
                hearing screening, audiologic and medical evaluations 
                and intervention programs and systems by assessing the 
                health, intellectual and social developmental, 
                cognitive, and language status of these children at 
                school age; and
                    (F) to promote the sharing of data regarding early 
                hearing loss with State-based birth defects and 
                developmental disabilities monitoring programs for the 
                purpose of identifying previously unknown causes of 
                hearing loss.
            (2) National institutes of health.--Under the existing 
        authority of the Public Health Service Act, the Director of

[[Page 113 STAT. 1501A-279]]

        the National Institutes of Health, acting through the Director 
        of the National Institute on Deafness and Other Communication 
        Disorders, shall for purposes of this section, continue a 
        program of research and development on the efficacy of new 
        screening techniques and technology, including clinical studies 
        of screening methods, studies on efficacy of intervention, and 
        related research.

    (e) Coordination and Collaboration.--
            (1) In general.--Under the existing authority of the Public 
        Health Service Act, in carrying out programs under this section, 
        the Administrator of the Health Resources and Services 
        Administration, the Director of the Centers for Disease Control 
        and Prevention, and the Director of the National Institutes of 
        Health shall collaborate and consult with other Federal 
        agencies; State and local agencies, including those responsible 
        for early intervention services pursuant to title XIX of the 
        Social Security Act (Medicaid Early and Periodic Screening, 
        Diagnosis and Treatment Program); title XXI of the Social 
        Security Act (State Children's Health Insurance Program); title 
        V of the Social Security Act (Maternal and Child Health Block 
        Grant Program); and part C of the Individuals with Disabilities 
        Education Act; consumer groups of and that serve individuals who 
        are deaf and hard-of-hearing and their families; appropriate 
        national medical and other health and education specialty 
        organizations; persons who are deaf and hard-of-hearing and 
        their families; other qualified professional personnel who are 
        proficient in deaf or hard-of-hearing children's language and 
        who possess the specialized knowledge, skills, and attributes 
        needed to serve deaf and hard-of-hearing newborns, infants, 
        toddlers, children, and their families; third-party payers and 
        managed care organizations; and related commercial industries.
            (2) Policy development.--Under the existing authority of the 
        Public Health Service Act, the Administrator of the Health 
        Resources and Services Administration, the Director of the 
        Centers for Disease Control and Prevention, and the Director of 
        the National Institutes of Health shall coordinate and 
        collaborate on recommendations for policy development at the 
        Federal and State levels and with the private sector, including 
        consumer, medical and other health and education professional-
        based organizations, with respect to newborn and infant hearing 
        screening, evaluation and intervention programs and systems.
            (3) State early detection, diagnosis, and intervention 
        programs and systems; data collection.--Under the existing 
        authority of the Public Health Service Act, the Administrator of 
        the Health Resources and Services Administration and the 
        Director of the Centers for Disease Control and Prevention shall 
        coordinate and collaborate in assisting States to establish 
        newborn and infant hearing screening, evaluation and 
        intervention programs and systems under subsection (c) and to 
        develop a data collection system under subsection (d).

    (f ) Rule of Construction.--Nothing in this section shall be 
construed to preempt any State law.
    (g) Authorization of Appropriations.--
            (1) Statewide newborn and infant hearing screening, 
        evaluation and intervention programs and systems.--For

[[Page 113 STAT. 1501A-280]]

        the purpose of carrying out subsection (c) under the existing 
        authority of the Public Health Service Act, there are authorized 
        to the Health Resources and Services Administration 
        appropriations in the amount of $5,000,000 for fiscal year 2000, 
        $8,000,000 for fiscal year 2001, and such sums as may be 
        necessary for fiscal year 2002.
            (2) Technical assistance, data management, and applied 
        research; centers for disease control and prevention.--For the 
        purpose of carrying out subsection (d)(1) under the existing 
        authority of the Public Health Service Act, there are authorized 
        to the Centers for Disease Control and Prevention, 
        appropriations in the amount of $5,000,000 for fiscal year 2000, 
        $7,000,000 for fiscal year 2001, and such sums as may be 
        necessary for fiscal year 2002.
            (3) Technical assistance, data management, and applied 
        research; national institute on deafness and other communication 
        disorders.--For the purpose of carrying out subsection (d)(2) 
        under the existing authority of the Public Health Service Act, 
        there are authorized to the National Institute on Deafness and 
        Other Communication Disorders appropriations for such sums as 
        may be necessary for each of the fiscal years 2000 through 2002.

                      TITLE VII--DENALI COMMISSION

    Sec. 701. Denali Commission.--Section 307 of Title III--Denali 
Commission of Division C--Other Matters of Public Law 105-277 is amended 
by adding a new subsection at the end thereof as follows:
    ``(c) Demonstration Health Projects.--In order to demonstrate the 
value of adequate health facilities and services to the economic 
development of the region, the Secretary of Health and Human Services is 
authorized to make grants to the Denali Commission to plan, construct, 
and equip demonstration health, nutrition, and child care projects, 
including hospitals, health care clinics, and mental health facilities 
(including drug and alcohol treatment centers) in accordance with the 
Work Plan referred to under section 304 of Title III--Denali Commission 
of Division C--Other Matters of Public Law 105-277. No grant for 
construction or equipment of a demonstration project shall exceed 50 
percentum of such costs, unless the project is located in a severely 
economically distressed community, as identified in the Work Plan 
referred to under section 304 of Title III--Denali Commission of 
Division C--Other Matters of Public Law 105-277, in which case no grant 
shall exceed 80 percentum of such costs. To carry out this section, 
there is authorized to be appropriated such sums as may be necessary.

    TITLE VIII--WELFARE-TO-WORK AND CHILD SUPPORT AMENDMENTS OF 1999

SEC. 801. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO-
            WORK PROGRAM.

    (a) In General.--Section 403(a)(5)(C)(ii) of the Social Security Act 
(42 U.S.C. 603(a)(5)(C)(ii)) is amended to read as follows:

[[Page 113 STAT. 1501A-281]]

                          ``(ii) General eligibility.--An entity that 
                      operates a project with funds provided under this 
                      paragraph may expend funds provided to the project 
                      for the benefit of recipients of assistance under 
                      the program funded under this part of the State in 
                      which the entity is located who--
                                    ``(I) has received assistance under 
                                the State program funded under this part 
                                (whether in effect before or after the 
                                amendments made by section 103 of the 
                                Personal Responsibility and Work 
                                Opportunity Reconciliation Act of 1996 
                                first apply to the State) for at least 
                                30 months (whether or not consecutive); 
                                or
                                    ``(II) within 12 months, will become 
                                ineligible for assistance under the 
                                State program funded under this part by 
                                reason of a durational limit on such 
                                assistance, without regard to any 
                                exemption provided pursuant to section 
                                408(a)(7)(C) that may apply to the 
                                individual.''.

    (b) Noncustodial Parents.--
            (1) In general.--Section 403(a)(5)(C) of such Act (42 U.S.C. 
        603(a)(5)(C)) is amended--
                    (A) by redesignating clauses (iii) through (viii) as 
                clauses (iv) through (ix), respectively; and
                    (B) by inserting after clause (ii) the following:
                          ``(iii) Noncustodial parents.--An entity that 
                      operates a project with funds provided under this 
                      paragraph may use the funds to provide services in 
                      a form described in clause (i) to noncustodial 
                      parents with respect to whom the requirements of 
                      the following subclauses are met:
                                    ``(I) The noncustodial parent is 
                                unemployed, underemployed, or having 
                                difficulty in paying child support 
                                obligations.
                                    ``(II) At least 1 of the following 
                                applies to a minor child of the 
                                noncustodial parent (with preference in 
                                the determination of the noncustodial 
                                parents to be provided services under 
                                this paragraph to be provided by the 
                                entity to those noncustodial parents 
                                with minor children who meet, or who 
                                have custodial parents who meet, the 
                                requirements of item (aa)):
                                            ``(aa) The minor child or 
                                        the custodial parent of the 
                                        minor child meets the 
                                        requirements of subclause (I) or 
                                        (II) of clause (ii).
                                            ``(bb) The minor child is 
                                        eligible for, or is receiving, 
                                        benefits under the program 
                                        funded under this part.
                                            ``(cc) The minor child 
                                        received benefits under the 
                                        program funded under this part 
                                        in the 12-month period preceding 
                                        the date of the determination 
                                        but no longer receives such 
                                        benefits.
                                            ``(dd) The minor child is 
                                        eligible for, or is receiving, 
                                        assistance under the Food Stamp 
                                        Act of 1977, benefits under the 
                                        supplemental security income 
                                        program under title XVI of

[[Page 113 STAT. 1501A-282]]

                                        this Act, medical assistance 
                                        under title XIX of this Act, or 
                                        child health assistance under 
                                        title XXI of this Act.
                                    ``(III) In the case of a 
                                noncustodial parent who becomes enrolled 
                                in the project on or after the date of 
                                the enactment of this clause, the 
                                noncustodial parent is in compliance 
                                with the terms of an oral or written 
                                personal responsibility contract entered 
                                into among the noncustodial parent, the 
                                entity, and (unless the entity 
                                demonstrates to the Secretary that the 
                                entity is not capable of coordinating 
                                with such agency) the agency responsible 
                                for administering the State plan under 
                                part D, which was developed taking into 
                                account the employment and child support 
                                status of the noncustodial parent, which 
                                was entered into not later than 30 (or, 
                                at the option of the entity, not later 
                                than 90) days after the noncustodial 
                                parent was enrolled in the project, and 
                                which, at a minimum, includes the 
                                following:
                                            ``(aa) A commitment by the 
                                        noncustodial parent to 
                                        cooperate, at the earliest 
                                        opportunity, in the 
                                        establishment of the paternity 
                                        of the minor child, through 
                                        voluntary acknowledgement or 
                                        other procedures, and in the 
                                        establishment of a child support 
                                        order.
                                            ``(bb) A commitment by the 
                                        noncustodial parent to cooperate 
                                        in the payment of child support 
                                        for the minor child, which may 
                                        include a modification of an 
                                        existing support order to take 
                                        into account the ability of the 
                                        noncustodial parent to pay such 
                                        support and the participation of 
                                        such parent in the project.
                                            ``(cc) A commitment by the 
                                        noncustodial parent to 
                                        participate in employment or 
                                        related activities that will 
                                        enable the noncustodial parent 
                                        to make regular child support 
                                        payments, and if the 
                                        noncustodial parent has not 
                                        attained 20 years of age, such 
                                        related activities may include 
                                        completion of high school, a 
                                        general equivalency degree, or 
                                        other education directly related 
                                        to employment.
                                            ``(dd) A description of the 
                                        services to be provided under 
                                        this paragraph, and a commitment 
                                        by the noncustodial parent to 
                                        participate in such services, 
                                        that are designed to assist the 
                                        noncustodial parent obtain and 
                                        retain employment, increase 
                                        earnings, and enhance the 
                                        financial and emotional 
                                        contributions to the well-being 
                                        of the minor child.
                                In order to protect custodial parents 
                                and children who may be at risk of 
                                domestic violence, the preceding 
                                provisions of this subclause shall not 
                                be construed to affect any other 
                                provision of law requiring a custodial 
                                parent to cooperate in establishing the 
                                paternity of a child or establishing or 
                                enforcing a support order with respect 
                                to a

[[Page 113 STAT. 1501A-283]]

                                child, or entitling a custodial parent 
                                to refuse, for good cause, to provide 
                                such cooperation as a condition of 
                                assistance or benefit under any program, 
                                shall not be construed to require such 
                                cooperation by the custodial parent as a 
                                condition of participation of either 
                                parent in the program authorized under 
                                this paragraph, and shall not be 
                                construed to require a custodial parent 
                                to cooperate with or participate in any 
                                activity under this clause. The entity 
                                operating a project under this clause 
                                with funds provided under this paragraph 
                                shall consult with domestic violence 
                                prevention and intervention 
                                organizations in the development of the 
                                project.''.
            (2) Conforming amendment.--Section 412(a)(3)(C)(ii) of such 
        Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking 
        ``(vii)'' and inserting ``(viii)''.

    (c) Recipients With Characteristics of Long-Term Dependency; 
Children Aging Out of Foster Care.--
            (1) In general.--Section 403(a)(5)(C)(iv) of such Act (42 
        U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection 
        (b)(1)(A) of this section, is amended--
                    (A) by striking ``or'' at the end of subclause (I); 
                and
                    (B) by striking subclause (II) and inserting the 
                following:
                                    ``(II) to children--
                                            ``(aa) who have attained 18 
                                        years of age but not 25 years of 
                                        age; and
                                            ``(bb) who, before attaining 
                                        18 years of age, were recipients 
                                        of foster care maintenance 
                                        payments (as defined in section 
                                        475(4)) under part E or were in 
                                        foster care under the 
                                        responsibility of a State;
                                    ``(III) to recipients of assistance 
                                under the State program funded under 
                                this part, determined to have 
                                significant barriers to self-
                                sufficiency, pursuant to criteria 
                                established by the local private 
                                industry council; or
                                    ``(IV) to custodial parents with 
                                incomes below 100 percent of the poverty 
                                line (as defined in section 673(2) of 
                                the Omnibus Budget Reconciliation Act of 
                                1981, including any revision required by 
                                such section, applicable to a family of 
                                the size involved).''.
            (2) Conforming amendments.--Section 403(a)(5)(C)(iv) of such 
        Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by 
        subsection (b)(1)(A) of this section, is amended--
                    (A) in the heading by inserting ``hard to employ'' 
                before ``individuals''; and
                    (B) in the last sentence by striking ``clause (ii)'' 
                and inserting ``clauses (ii) and (iii) and, as 
                appropriate, clause (v)''.

    (d) Conforming Amendment.--Section 404(k)(1)(C)(iii) of such Act (42 
U.S.C. 604(k)(1)(C)(iii)) is amended by striking ``item (aa) or (bb) of 
section 403(a)(5)(C)(ii)(II)'' and inserting ``section 
403(a)(5)(C)(iii)''.
    (e) Effective Date.--The amendments made by this section--

[[Page 113 STAT. 1501A-284]]

            (1) shall be effective January 1, 2000, with respect to the 
        determination of eligible individuals for purposes of section 
        403(a)(5)(B) of the Social Security Act (relating to competitive 
        grants);
            (2) shall be effective July 1, 2000, except that 
        expenditures from allotments to the States shall not be made 
        before October 1, 2000--
                    (A) with respect to the determination of eligible 
                individuals for purposes of section 403(a)(5)(A) of the 
                Social Security Act (relating to formula grants) in the 
                case of those individuals who may be determined to be so 
                eligible, but would not have been eligible before July 
                1, 2000; or
                    (B) for allowable activities described in section 
                403(a)(5)(C)(i)(VII) of the Social Security Act (as 
                added by section 802 of this title) provided to any 
                individuals determined to be eligible for purposes of 
                section 403(a)(5)(A) of the Social Security Act 
                (relating to formula grants).

    (f) Regulations.--Interim final regulations shall be prescribed to 
implement the amendments made by this section not later than January 1, 
2000. Final regulations shall be prescribed within 90 days after the 
date of the enactment of this Act to implement the amendments made by 
this Act to section 403(a)(5) of the Social Security Act, in the same 
manner as described in section 403(a)(5)(C)(ix) of the Social Security 
Act (as so redesignated by subsection (b)(1)(A) of this section).

SEC. 802. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS 
            ALLOWABLE ACTIVITIES UNDER THE TANF PROGRAM.

    Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the 
following:
                                    ``(VII) Not more than 6 months of 
                                vocational educational or job 
                                training.''.

SEC. 803. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES 
            DIRECTLY.

    Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)(i)(IV)) is amended by inserting ``, or if the entity is not 
a private industry council or workforce investment board, the direct 
provision of such services'' before the period.

SEC. 804. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS.

    (a) Elimination of Current Requirements.--Section 411(a)(1)(A) of 
the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by inserting 
        ``(except for information relating to activities carried out 
        under section 403(a)(5))'' after ``part''; and
            (2) by striking clause (xviii).

    (b) Establishment of Reporting Requirement.--Section 403(a)(5)(C) of 
the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by section 
801(b)(1) of this title, is amended by adding at the end the following:
                          ``(x) Reporting requirements.--The Secretary 
                      of Labor, in consultation with the Secretary of 
                      Health and Human Services, States, and 
                      organizations that

[[Page 113 STAT. 1501A-285]]

                      represent State or local governments, shall 
                      establish requirements for the collection and 
                      maintenance of financial and participant 
                      information and the reporting of such information 
                      by entities carrying out activities under this 
                      paragraph.''.

SEC. 805. USE OF STATE INFORMATION TO AID ADMINISTRATION OF WELFARE-TO-
            WORK GRANT FUNDS.

    (a) Authority of State Agencies to Disclose to Private Industry 
Councils the Names, Addressess, and Telephone Numbers of Potential 
Welfare-to-Work Program Participants.--
            (1) State iv-d agencies.--Section 454A(f) of the Social 
        Security Act (42 U.S.C. 654a(f)) is amended by adding at the end 
        the following:
            ``(5) Private industry councils receiving welfare-to-work 
        grants.--Disclosing to a private industry council (as defined in 
        section 403(a)(5)(D)(ii)) to which funds are provided under 
        section 403(a)(5) the names, addresses, telephone numbers, and 
        identifying case number information in the State program funded 
        under part A, of noncustodial parents residing in the service 
        delivery area of the private industry council, for the purpose 
        of identifying and contacting noncustodial parents regarding 
        participation in the program under section 403(a)(5).''.
            (2) State tanf agencies.--Section 403(a)(5) of such Act (42 
        U.S.C. 603(a)(5)) is amended by adding at the end the following:
                    ``(K) Information disclosure.--If a State to which a 
                grant is made under section 403 establishes safeguards 
                against the use or disclosure of information about 
                applicants or recipients of assistance under the State 
                program funded under this part, the safeguards shall not 
                prevent the State agency administering the program from 
                furnishing to a private industry council the names, 
                addresses, telephone numbers, and identifying case 
                number information in the State program funded under 
                this part, of noncustodial parents residing in the 
                service delivery area of the private industry council, 
                for the purpose of identifying and contacting 
                noncustodial parents regarding participation in the 
                program under this paragraph.''.

    (b) Safeguarding of Information Disclosed to Private Industry 
Councils.--Section 403(a)(5)(A)(ii)(I) of such Act (42 U.S.C. 
603(a)(5)(A)(ii)(I)) is amended--
            (1) by striking ``and'' at the end of item (dd);
            (2) by striking the period at the end of item (ee) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                                            ``(ff) describes how the 
                                        State will ensure that a private 
                                        industry council to which 
                                        information is disclosed 
                                        pursuant to section 403(a)(5)(K) 
                                        or 454A(f)(5) has procedures for 
                                        safeguarding the information and 
                                        for ensuring that the 
                                        information is used solely for 
                                        the purpose described in that 
                                        section.''.

[[Page 113 STAT. 1501A-286]]

SEC. 806. REDUCTION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR 
            SUCCESSFUL PERFORMANCE BONUS.

    (a) In General.--Section 403(a)(5)(E) of the Social Security Act (42 
U.S.C. 603(a)(5)(E)) is amended in each of clauses (iv) and (vi) by 
striking ``$100,000,000'' and inserting ``$50,000,000''.
    (b) Conforming Amendments.--
            (1) Section 403(a)(5)(F) of such Act (42 U.S.C. 
        603(a)(5)(F)) is amended by inserting ``$1,500,000'' before ``of 
        the amount so specified''.
            (2) Section 403(a)(5)(G) of such Act (42 U.S.C. 
        603(a)(5)(G)) is amended by inserting ``$900,000'' before ``of 
        the amount so specified''.
            (3) Section 403(a)(5)(H) of such Act (42 U.S.C. 
        603(a)(5)(H)) is amended by inserting ``$300,000'' before ``of 
        the amount so specified''.
            (4) Section 403(a)(5)(I)(i) of such Act (42 U.S.C. 
        603(a)(5)(I)(i)) is amended by striking ``$1,500,000,000'' and 
        all that follows and inserting ``for grants under this 
        paragraph--
                                    ``(I) $1,500,000,000 for fiscal year 
                                1998; and
                                    ``(II) $1,450,000,000 for fiscal 
                                year 1999.''.

    (c) No Outlay Until FY2001.--Section 403(a)(5)(E)(i) of such Act (42 
U.S.C. 603(a)(5)(E)(i)) is amended--
            (1) by striking ``make'' and insert ``award''; and
            (2) by inserting ``, but shall not make any outlay to pay 
        any such grant before October 1, 2000'' before the period.

SEC. 807. ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT 
            UNITS.

    (a) In General.--Section 455(a) of the Social Security Act (42 
U.S.C. 655(a)) is amended by adding at the end the following:
    ``(5)(A)(i) If--
            ``(I) the Secretary determines that a State plan under 
        section 454 would (in the absence of this paragraph) be 
        disapproved for the failure of the State to comply with 
        subparagraphs (A) and (B)(i) of section 454(27), and that the 
        State has made and is continuing to make a good faith effort to 
        so comply; and
            ``(II) the State has submitted to the Secretary, not later 
        than April 1, 2000, a corrective compliance plan that describes 
        how, by when, and at what cost the State will achieve such 
        compliance, which has been approved by the Secretary,

then the Secretary shall not disapprove the State plan under section 
454, and the Secretary shall reduce the amount otherwise payable to the 
State under paragraph (1)(A) of this subsection for the fiscal year by 
the penalty amount.
    ``(ii) All failures of a State during a fiscal year to comply with 
any of the requirements of section 454B shall be considered a single 
failure of the State to comply with subparagraphs (A) and (B)(i) of 
section 454(27) during the fiscal year for purposes of this paragraph.
    ``(B) In this paragraph:
            ``(i) The term `penalty amount' means, with respect to a 
        failure of a State to comply with subparagraphs (A) and (B)(i) 
        of section 454(27)--
                    ``(I) 4 percent of the penalty base, in the case of 
                the 1st fiscal year in which such a failure by the State 
                occurs (regardless of whether a penalty is imposed in 
                that fiscal

[[Page 113 STAT. 1501A-287]]

                year under this paragraph with respect to the failure), 
                except as provided in subparagraph (C)(ii) of this 
                paragraph;
                    ``(II) 8 percent of the penalty base, in the case of 
                the 2nd such fiscal year;
                    ``(III) 16 percent of the penalty base, in the case 
                of the 3rd such fiscal year;
                    ``(IV) 25 percent of the penalty base, in the case 
                of the 4th such fiscal year; or
                    ``(V) 30 percent of the penalty base, in the case of 
                the 5th or any subsequent such fiscal year.
            ``(ii) The term `penalty base' means, with respect to a 
        failure of a State to comply with subparagraphs (A) and (B)(i) 
        of section 454(27) during a fiscal year, the amount otherwise 
        payable to the State under paragraph (1)(A) of this subsection 
        for the preceding fiscal year.

    ``(C)(i) The Secretary shall waive all penalties imposed against a 
State under this paragraph for any failure of the State to comply with 
subparagraphs (A) and (B)(i) of section 454(27) if the Secretary 
determines that, before April 1, 2000, the State has achieved such 
compliance.
    ``(ii) If a State with respect to which a reduction is required to 
be made under this paragraph with respect to a failure to comply with 
subparagraphs (A) and (B)(i) of section 454(27) achieves such compliance 
on or after April 1, 2000, and on or before September 30, 2000, then the 
penalty amount applicable to the State shall be 1 percent of the penalty 
base with respect to the failure involved.
    ``(D) The Secretary may not impose a penalty under this paragraph 
against a State for a fiscal year for which the amount otherwise payable 
to the State under paragraph (1)(A) of this subsection is reduced under 
paragraph (4) of this subsection for failure to comply with section 
454(24)(A).''.
    (b) Inapplicability of Penalty Under TANF Program.--Section 
409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is 
amended by striking ``section 454(24)'' and inserting ``paragraph (24), 
or subparagraph (A) or (B)(i) of paragraph (27), of section 454''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.
    This Act may be cited as the ``Departments of Labor, Health, and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2000''.

[[Page 113 STAT. 1501A-289]]



                          APPENDIX E--H.R. 3425

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                           Farm Service Agency

           agricultural credit insurance fund program account

    For additional gross obligations for the principal amount of direct 
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be 
available from funds in the Agricultural Credit Insurance Fund to meet 
the needs resulting from natural disasters, as follows: farm ownership 
loans, $590,578,000, of which $568,627,000 shall be for guaranteed 
loans; operating loans, $1,404,716,000, of which $302,158,000 shall be 
for unsubsidized guaranteed loans and $702,558,000 shall be for 
subsidized guaranteed loans; and for emergency loans, $547,000,000.
    For the additional cost of direct and guaranteed loans to meet the 
needs resulting from natural disasters, including the cost of modifying 
loans as defined in section 502 of the Congressional Budget Act of 1974, 
to remain available until expended, as follows: farm ownership loans, 
$4,012,000, of which $3,184,000 shall be for guaranteed loans; operating 
loans, $89,596,000, of which $4,260,000 shall be for unsubsidized 
guaranteed loans and $61,895,000 shall be for subsidized guaranteed 
loans; and for emergency loans, $84,949,000.

                     emergency conservation program

    For an additional amount for the ``Emergency Conservation Program'' 
for expenses resulting from natural disasters, $50,000,000, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                          crop loss assistance

    For an additional amount for crop loss assistance authorized by 
section 801 of Public Law 106-78, $186,000,000: Provided, That this 
assistance shall be under the same terms and conditions as in section 
801 of Public Law 106-78.

[[Page 113 STAT. 1501A-290]]

                        specialty crop assistance

    For an additional amount for specialty crop assistance authorized by 
section 803(c)(1) of Public Law 106-78, $2,800,000: Provided, That the 
definition of eligible persons in section 803(c)(2) of Public Law 106-78 
shall include producers who have suffered quality or quantity losses due 
to natural disasters on crops harvested and placed in a warehouse and 
not sold.

                          livestock assistance

    For an additional amount for livestock assistance authorized by 
section 805 of Public Law 106-78, $10,000,000: Provided, That the 
Secretary of Agriculture may use this additional amount to provide 
assistance to persons who raise livestock owned by other persons for 
income losses sustained with respect to livestock during 1999 if the 
Secretary finds that such losses are the result of natural disasters.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' to repair damages to the waterways and watersheds resulting 
from natural disasters, $80,000,000, to remain available until expended.

                          Rural Housing Service

              rural housing insurance fund program account

    For additional gross obligations for the principal amount of direct 
loans as authorized by title V of the Housing Act of 1949, to be 
available from funds in the rural housing insurance fund to meet the 
needs resulting from natural disasters, as follows: $50,000,000 for 
loans to section 502 borrowers, as determined by the Secretary; 
$15,000,000 for section 504 housing repair loans; and $5,000,000 for 
section 514 farm labor housing.
    For the additional cost of direct loans to meet the needs resulting 
from natural disasters, including the cost of modifying loans, as 
defined in section 502 of the Congressional Budget Act of 1974, to 
remain available until expended, as follows: section 502 loans, 
$4,265,000; section 504 loans, $4,584,000; and section 514 farm labor 
housing, $2,250,000.

                     rural housing assistance grants

    For the additional cost of grants and contracts for domestic farm 
labor and very low-income housing repair made available by the Rural 
Housing Service, as authorized by 42 U.S.C. 1474 and 1486, to meet the 
needs resulting from natural disasters, $14,500,000, to remain available 
until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 101. Notwithstanding section 196 of the Agricultural Market 
Transition Act (7 U.S.C. 7333), the Secretary of Agriculture shall 
provide up to $20,000,000 in assistance under the noninsured

[[Page 113 STAT. 1501A-291]]

crop assistance program under that section, without any requirement for 
an area loss, to producers located in a county with respect to which a 
natural disaster was declared by the Secretary, or a major disaster or 
emergency was declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    Sec. 102. Section 814 of Public Law 106-78 is amended by inserting 
the following after ``year'': ``(and 2001 crop year for citrus fruit, 
avocados in California, and macadamia nuts)''.
    Sec. 103. Of the funds made available under section 802 of Public 
Law 106-78 not otherwise needed to fully implement that section, the 
Secretary of Agriculture may use up to $4,700,000 to carry out title IX 
of Public Law 106-78.
    Sec. 104. (a) Of the funds made available under section 802 of 
Public Law 106-78 (excluding any funds authorized by this Act to carry 
out title IX of Public Law 106-78) and under section 1111 of Public Law 
105-277 not otherwise needed to fully implement those sections, the 
Secretary of Agriculture may provide assistance to producers or first-
handlers for the 1999 crop of cottonseed.
    (b) Of the funds made available under section 802 of Public Law 106-
78 and section 1111 of Public Law 105-277 not otherwise needed to fully 
implement those sections (excluding any funds authorized by this Act to 
carry out title IX and to provide assistance to producers or first-
handlers for the 1999 crop of cottonseed under subsection (a) of this 
section), the Secretary may provide funds to carry out subsection (c) of 
this section.
    (c) The Agricultural Market Transition Act is amended by inserting 
after section 136 (7 U.S.C. 7236), the following new section:

``SEC. 136A. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE 
            COTTON.

    ``(a) Competitiveness Program.--Notwithstanding any other provision 
of law, during the period beginning on October 1, 1999, and ending on 
July 31, 2003, the Secretary shall carry out a program to maintain and 
expand the domestic use of extra long staple cotton produced in the 
United States, to increase exports of extra long staple cotton produced 
in the United States, and to ensure that extra long staple cotton 
produced in the United States remains competitive in world markets.
    ``(b) Payments Under Program; Trigger.--Under the program, the 
Secretary shall make payments available under this section whenever--
            ``(1) for a consecutive 4-week period, the world market 
        price for the lowest priced competing growth of extra long 
        staple cotton (adjusted to United States quality and location 
        and for other factors affecting the competitiveness of such 
        cotton), as determined by the Secretary, is below the prevailing 
        United States price for a competing growth of extra long staple 
        cotton; and
            ``(2) the lowest priced competing growth of extra long 
        staple cotton (adjusted to United States quality and location 
        and for other factors affecting the competitiveness of such 
        cotton), as determined by the Secretary, is less than 134 
        percent of the loan rate for extra long staple cotton.

    ``(c) Eligible Recipients.--The Secretary shall make payments 
available under this section to domestic users of extra long staple

[[Page 113 STAT. 1501A-292]]

cotton produced in the United States and exporters of extra long staple 
cotton produced in the United States who enter into an agreement with 
the Commodity Credit Corporation to participate in the program under 
this section.
    ``(d) Payment Amount.--Payments under this section shall be based on 
the amount of the difference in the prices referred to in subsection 
(b)(1) during the fourth week of the consecutive 4-week period 
multiplied by the amount of documented purchases by domestic users and 
sales for export by exporters made in the week following such a 
consecutive 4-week period.
    ``(e) Form of Payment.--Payments under this section shall be made 
through the issuance of cash or marketing certificates, at the option of 
eligible recipients of the payments.''.
    Sec. 105. The entire amount necessary to carry out this chapter and 
the amendments made by this chapter shall be available only to the 
extent that an official budget request for the entire amount, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of such 
Act.

                                CHAPTER 2

           FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF

    Of the unobligated balances made available under the second 
paragraph under the heading ``Federal Emergency Management Agency, 
Disaster Relief'' in Public Law 106-74, in addition to other amounts 
made available, up to $215,000,000 may be used by the Director of the 
Federal Emergency Management Agency for the buyout of homeowners (or the 
relocation of structures) for principal residences that have been made 
uninhabitable by flooding caused by Hurricane Floyd and surrounding 
events and are located in a 100-year floodplain: Provided, That no 
homeowner may receive any assistance for buyouts in excess of the fair 
market value of the residence on September 1, 1999 (reduced by any 
proceeds from insurance or any other source paid or owed as a result of 
the flood damage to the residence): Provided further, That each State 
shall ensure that there is a contribution from non-Federal sources of 
not less than 25 percent in matching funds (other than administrative 
costs) for any funds allocated to the State for buyout assistance: 
Provided further, That all buyouts under this section shall be subject 
to the terms and conditions specified under 42 U.S.C. 5170c(b)(2)(B): 
Provided further, That none of the funds made available for buyouts 
under this paragraph may be used in any calculation of a State's section 
404 allocation: Provided further, That the Director shall report 
quarterly to the House and Senate Committees on Appropriations on the 
use of all funds allocated under this paragraph and certify that the use 
of all funds are consistent with all applicable laws and requirements: 
Provided further, That the Inspector General for the Federal Emergency 
Management Agency shall establish a task force to review all uses of 
funds allocated under this paragraph to ensure compliance with all 
applicable laws and requirements: Provided further, That no funds

[[Page 113 STAT. 1501A-293]]

shall be allocated for buyouts under this paragraph except in accordance 
with regulations promulgated by the Director: Provided further, That the 
Director shall promulgate regulations not later than December 31, 1999, 
pertaining to the buyout program which shall include eligibility 
criteria, procedures for prioritizing projects, requirements for the 
submission of State and local buyout plans, an identification of the 
Federal Emergency Management Agency's oversight responsibilities, 
procedures for cost-benefit analysis, and the process for measuring 
program results: Provided further, That the Director shall report to 
Congress not later than December 31, 1999, on the feasibility and 
justification of reducing buyout assistance to those who fail to 
purchase and maintain flood insurance: Provided further, That the entire 
amount shall be available only to the extent an official budget request, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined by the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the President 
to the Congress: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended.

                 TITLE II--OTHER APPROPRIATIONS MATTERS

    Sec. 201. Section 733 of Public Law 106-78 is amended by striking 
after ``Missouri'' ``, or the Food and Drug Administration Detroit, 
Michigan, District Office Laboratory; or to reduce the Detroit, 
Michigan, Food and Drug Administration District Office below the 
operating and full-time equivalent staffing level of July 31, 1999; or 
to change the Detroit District Office to a station, residence post or 
similarly modified office; or to reassign residence posts assigned to 
the Detroit District Office''.
    Sec. 202. None of the funds made available to the Food and Drug 
Administration by Public Law 106-78 or any other Act for fiscal year 
2000 shall be used to reduce the Detroit, Michigan, Food and Drug 
Administration District Office below the operating and full-time 
equivalent staffing level of July 31, 1999; or to change the Detroit 
District Office to a station, residence post or similarly modified 
office; or to reassign residence posts assigned to the Detroit District 
Office: Provided, That this section shall not apply to Food and Drug 
Administration field laboratory facilities or operations currently 
located in Detroit, Michigan, if the full-time equivalent staffing level 
of laboratory personnel as of July 31, 1999, is assigned to locations in 
the general vicinity of Detroit, Michigan, pursuant to cooperative 
agreements between the Food and Drug Administration and other laboratory 
facilities associated with the State of Michigan.
    Sec. 203. Notwithstanding any other provision of law, the Secretary 
of Agriculture may use funds provided for rural housing assistance 
grants in Public Law 106-78 for a pilot project to provide home 
ownership for farm workers and workers involved in the processing of 
farm products in Salinas, California, and the surrounding area.
    Sec. 204. Notwithstanding any other provision of law (including the 
Federal Grants and Cooperative Agreements Act), the Secretary of 
Agriculture shall use not more than $9,000,000 of Commodity Credit 
Corporation funds for a cooperative program with the State

[[Page 113 STAT. 1501A-294]]

of Florida to replace commercial trees removed to control citrus canker 
until the earlier of December 31, 1999, or the date crop insurance 
coverage is made available with respect to citrus canker; and the 
Secretary of Agriculture shall use not more than $7,000,000 of Commodity 
Credit Corporation funds to replace non-commercial trees (known as 
dooryard citrus trees), owned by private homeowners, and removed to 
control citrus canker.
    Sec. 205. (a) Continuation of Revenue Insurance Pilot.--Section 
508(h)(9)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)(9)(A)) 
is amended by striking ``1997, 1998, 1999, and 2000'' and inserting 
``1997 through 2001''.
    (b) Expansion of Crop Insurance Pilots.--In the case of any pilot 
program offered under the Federal Crop Insurance Act that was approved 
by the Board of Directors of the Federal Crop Insurance Corporation on 
or before September 30, 1999, the pilot program may be offered on a 
regional, whole State, or national basis for the 2000 and 2001 crop 
years notwithstanding section 553 of title 5, United States Code.
    Sec. 206. Sales Closing Dates for Crop Insurance.--Section 508(f 
)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(f )(2)) is 
amended--
            (1) by inserting ``(A) In general.--'' before the first 
        sentence;
            (2) by striking the last sentence; and
            (3) by adding at the end the following:
                    ``(B) Established dates.--Except as provided in 
                subparagraph (C), the Corporation shall establish, for 
                an insurance policy for each insurable crop that is 
                planted in the spring, a sales closing date that is 30 
                days earlier than the corresponding sales closing date 
                that was established for the 1994 crop year.
                    ``(C) Exception.--If compliance with subparagraph 
                (B) results in a sales closing date for an agricultural 
                commodity that is earlier than January 31, the sales 
                closing date for that commodity shall be January 31 
                beginning with the 2000 crop year.''.

    Sec. 207. The Secretary of Agriculture may use not more than 
$1,090,000 of funds of the Commodity Credit Corporation to provide 
emergency assistance to producers on farms located in Harney County, 
Oregon, who suffered flood-related crop and forage losses in 1999 and 
several previous years and are expected to suffer continuing economic 
losses until the floodwaters recede. The amount made available under 
this section shall be available for such losses for such years as 
determined appropriate by the Secretary to compensate such producers for 
hay, grain, and pasture losses due to the floods and for related 
economic losses.
    Sec. 208. Tillamook Railroad Disaster Repairs. In addition to 
amounts appropriated or otherwise made available for rural development 
programs of the United States Department of Agriculture by Public Law 
106-78, there are appropriated $5,000,000 which may be made available to 
repair damage to the Tillamook Railroad caused by flooding and high 
winds (FEMA Disaster Number 1099-DR-OR) notwithstanding any other 
provision of law.
    Sec. 209. At the end of section 746 of Public Law 106-78, insert the 
following before the period: ``: Provided, That the Congressional Hunger 
Center may invest such funds and expend the income from such funds in a 
manner consistent with this section: Provided

[[Page 113 STAT. 1501A-295]]

further, That notwithstanding any other provision of law, funds 
appropriated pursuant to this section may be paid directly to the 
Congressional Hunger Center.''.
    Sec. 210. The Secretary of Agriculture may reprogram funds 
appropriated by Public Law 106-78 for the cost of rural electrification 
and telecommunications loans to provide up to $100,000 for the cost of 
guaranteed loans authorized by section 306 of the Rural Electrification 
Act of 1936.
    Sec. 211. Section 755(b) of Public Law 106-78 is hereby repealed.
    Sec. 212. Section 602(b)(2) of the Small Business Reauthorization 
Act of 1997 (15 U.S.C. 657a note) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``;''; and
            (3) by inserting at the end the following:
                    ``(K) the Department of Commerce;
                    ``(L) the Department of Justice; and
                    ``(M) the Department of State.''.

    Sec. 213. (a) Revised Schedule for Competitive Bidding of 
Spectrum.--(1) Section 337(b) of the Communications Act of 1934 (47 
U.S.C. 337(b)) is amended by striking ``shall--'' and all that follows 
and inserting ``shall commence assignment of licenses for public safety 
services created pursuant to subsection (a) no later than September 30, 
1998.''.
    (2) Commencing on the date of the enactment of this Act, the Federal 
Communications Commission shall initiate the competitive bidding process 
previously required under section 337(b)(2) of the Communications Act of 
1934 (as repealed by the amendment made by paragraph (1)).
    (3) The Federal Communications Commission shall conduct the 
competitive bidding process described in paragraph (2) in a manner that 
ensures that all proceeds of such bidding are deposited in accordance 
with section 309( j)(8) of the Communications Act of 1934 (47 U.S.C. 
309( j)(8)) not later than September 30, 2000.
    (4)(A) To expedite the assignment by competitive bidding of the 
frequencies identified in section 337(a)(2) of the Communications Act of 
1934 (47 U.S.C. 337(a)(2)), the rules governing such frequencies shall 
be effective immediately upon publication in the Federal Register 
without regard to sections 553(d), 801(a)(3), 804(2), and 806(a) of 
title 5, United States Code.
    (B) Chapter 6 of title 5, United States Code, section 3 of the Small 
Business Act (15 U.S.C. 632), and sections 3507 and 3512 of title 44, 
United States Code, shall not apply to the rules and competitive bidding 
procedures governing the frequencies described in subparagraph (A).
    (5) Notwithstanding section 309(b) of the Communications Act of 1934 
(47 U.S.C. 309(b)), no application for an instrument of authorization 
for the frequencies described in paragraph (4) may be granted by the 
Federal Communications Commission earlier than 7 days following issuance 
of public notice by the Commission of the acceptance for filing of such 
application or of any substantial amendment thereto.
    (6) Notwithstanding section 309(d)(1) of the Communications Act of 
1934 (47 U.S.C. 309(d)(1)), the Federal Communications Commission may 
specify a period (which shall be not less than 5 days following issuance 
of the public notice described in paragraph

[[Page 113 STAT. 1501A-296]]

(5)) for the filing of petitions to deny any application for an 
instrument of authorization for the frequencies described in paragraph 
(4).
    (b) Reports.--(1) Not later than 30 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget and the Federal Communications Commission shall each submit to 
the appropriate congressional committees a report which shall--
            (A) set forth the anticipated schedule (including specific 
        dates) for--
                    (i) preparing and conducting the competitive bidding 
                process required by subsection (a); and
                    (ii) depositing the receipts of the competitive 
                bidding process;
            (B) set forth each significant milestone in the rulemaking 
        process with respect to the competitive bidding process; and
            (C) include an explanation of the effect of each requirement 
        in subsection (a) on the schedule for the competitive bidding 
        process and any post-bidding activities (including the deposit 
        of receipts) when compared with the schedule for the competitive 
        bidding and any post-bidding activities (including the deposit 
        of receipts) that would otherwise have occurred under section 
        337(b)(2) of the Communications Act of 1934 (47 U.S.C. 
        337(b)(2)) if not for the enactment of subsection (a).

    (2) Not later than 60 days after the date of the enactment of this 
Act, the Federal Communications Commission shall submit to the 
appropriate congressional committees a report which shall set forth for 
each spectrum auction held by the Commission since January 1, 1998, 
information on--
            (A) the time required for each stage of preparation for the 
        auction;
            (B) the date of the commencement and of the completion of 
        the auction;
            (C) the time which elapsed between the date of the 
        completion of the auction and the date of the first deposit of 
        receipts from the auction in the Treasury; and
            (D) the amounts, summarized by month, of all subsequent 
        deposits in a Treasury receipt account from the auction.

    (3) Not later than October 31, 2000, the Federal Communications 
Commission shall submit to the appropriate congressional committees a 
report which shall--
            (A) describe the course of the competitive bidding process 
        required by subsection (a) through September 30, 2000, including 
        the amount of any receipts from the competitive bidding process 
        deposited in the Treasury as of September 30, 2000; and
            (B) if the course of the competitive bidding process has 
        included any deviations from the schedule set forth under 
        paragraph (1)(A), an explanation for such deviations from the 
        schedule.

    (4) Each report required by this subsection shall be prepared by the 
agency concerned without influence of any other Federal department or 
agency.
    (5) In this subsection, the term ``appropriate congressional 
committees'' means the following:
            (A) The Committees on Appropriations, the Budget, and 
        Commerce, Science, and Transportation of the Senate.

[[Page 113 STAT. 1501A-297]]

            (B) The Committees on Appropriations, the Budget, and 
        Commerce of the House of Representatives.

    (c) Construction.--Nothing in this section shall be construed to 
supersede the requirements placed on the Federal Communications 
Commission by section 337(d)(4) of the Communications Act of 1934 (47 
U.S.C. 337(d)(4)).
    (d) Repeal of Superseded Provisions.--Section 8124 of the Department 
of Defense Appropriations Act, 2000 is repealed.
    Sec. 214. (a) Section 8175 of the Department of Defense 
Appropriations Act, 2000 (Public Law 106-79) is amended by striking 
section 8175 and inserting the following new section 8175:
    ``Sec. 8175. Notwithstanding any other provision of law, the 
Department of Defense shall make progress payments based on progress no 
less than 12 days after receiving a valid billing and the Department of 
Defense shall make progress payments based on cost no less than 19 days 
after receiving a valid billing: Provided, That this provision shall be 
effective only with respect to billings received during the last month 
of the fiscal year.''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the Department of Defense Appropriations Act, 2000 (Public 
Law 106-79), to which such amendment relates.
    Sec. 215. (a) Section 8176 of the Department of Defense 
Appropriations Act, 2000 (Public Law 106-79) is amended by striking 
section 8176 and inserting the following new section 8176:
    ``Sec. 8176. Notwithstanding any other provision of law, the 
Department of Defense shall make adjustments in payment procedures and 
policies to ensure that payments are made no earlier than one day before 
the date on which the payments would otherwise be due under any other 
provision of law: Provided, That this provision shall be effective only 
with respect to invoices received during the last month of the fiscal 
year.''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the Department of Defense Appropriations Act, 2000 (Public 
Law 106-79), to which such amendment relates.
    Sec. 216. The Office of Net Assessment in the Office of the 
Secretary of Defense, jointly with the United States Pacific Command, 
shall submit, through the Under Secretary of Defense (Policy), a report 
to Congress no later than 270 days after the enactment of this Act which 
addresses the following issues: (1) A review of the operational planning 
and other preparations of the United States Department of Defense, 
including but not limited to the United States Pacific Command, to 
implement the relevant sections of the Taiwan Relations Act since its 
enactment in 1979; and (2) a review of evaluation of all gaps in 
relevant knowledge about the People's Republic of China's capabilities 
and intentions as they might affect the current and future military 
balance between Taiwan and the People's Republic of China, including 
both classified United States intelligence information and Chinese open 
source writing. The report shall be submitted in classified form, with 
an unclassified summary.
    Sec. 217. The Secretary of Defense, jointly with the Secretary of 
Veterans Affairs, shall submit a report to Congress no later than 90 
days after the enactment of this Act assessing the adequacy of medical 
research activities currently underway or planned to commence in fiscal 
year 2000 to investigate the health effects of low-level chemical 
exposures of Persian Gulf military forces while serving in the Southwest 
Asia theater of operations. This report

[[Page 113 STAT. 1501A-298]]

shall also identify and assess valid proposals (including the cost of 
such proposals) to accelerate medical research in this area, especially 
those aimed at studying, diagnosing, and developing treatment protocols 
for Gulf War veterans with multi-system symptoms and multiple chemical 
intolerances.

                      (including transfer of funds)

    Sec. 218. In addition to amounts appropriated or otherwise made 
available in Public Law 106-79, $100,000,000 is hereby appropriated to 
the Department of the Army and shall be made available only for transfer 
to titles II, III, IV, and V of Public law 106-79 to meet readiness 
needs: Provided, That these funds may be used to initiate the fielding 
and equipping, to include leasing of vehicles for test and evaluation, 
of two prototype brigade combat teams at Fort Lewis, Washington: 
Provided further, That funds transferred pursuant to this section shall 
be merged with and be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided further, 
That the transfer authority provided in this section is in addition to 
any transfer authority available to the Department of Defense: Provided 
further, That none of the funds made available under this section may be 
obligated or expended until 30 days after the Chief of Staff of the Army 
submits a detailed plan for the expenditure of the funds to the 
congressional defense committees.

                           (transfer of funds)

    Sec. 219. Of the funds appropriated in Public Law 106-79, $500,000 
shall be transferred from ``Research, Development, Test, and Evaluation, 
Army'' to ``Operation and Maintenance, Defense-Wide'': Provided, That 
funds transferred pursuant to this section shall be merged with and be 
available for the same purposes and for the same time period as the 
appropriation to which transferred.
    Sec. 220. Exemption for Waste Management Facilities Owned or 
Operated by the United States. No form of financial responsibility 
requirement shall be imposed on the Federal Government or its 
contractors as to the operation of any waste management facility which 
is designed to manage transuranic waste material and is owned or 
operated by a department, agency, or instrumentality of the executive 
branch of the Federal Government and subject to regulation by the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.) or by a State program 
authorized under that Act.
    Sec. 221. (a) That portion of the project for navigation, Newport 
Harbor, Rhode Island, authorized by the Rivers and Harbors Act of 1907, 
House Document 438, 59th Congress, 2nd Session, described by the 
following: N148,697.62, E548,281.70, thence running south 9 degrees 42 
minutes 14 seconds east 720.92 feet to a point N147,987.01, E548,403.21, 
thence running south 80 degrees 17 minutes 45.2 seconds west 313.60 feet 
to a point N147,934.15, E548,094.10, thence running north 8 degrees 4 
minutes 50 seconds west 776.9 feet to a point N148,703.30, E547,984.90, 
thence running south 88 degrees 54 minutes 13 seconds east 296.85 feet 
returning to a point N148,697.62, E548,281.70 shall no longer be 
authorized after the date of enactment of this Act.
    (b) The area described by the following: N150,482.96, E548,057.84, 
thence running south 6 degrees 9 minutes 49 seconds east 1300 feet to a 
point N149,190.47, E548,197.42, thence running

[[Page 113 STAT. 1501A-299]]

south 9 degrees 42 minutes 14 seconds east 500 feet to a point 
N148,697.62, E548,281.70, thence running north 88 degrees 54 minutes 13 
seconds west 377.89 feet to a point N148,704.85, E547,903.88, thence 
running north 8 degrees 4 minutes 52 seconds west 1571.83 feet to a 
point N150,261.08, E547,682.92, thence running north 59 degrees 22 
minutes 58 seconds east 435.66 feet returning to a point N150,482.96, 
E548,057.84 shall be redesignated as an anchorage area.
    (c) The area described by the following: N147,427.22, E548,464.05, 
thence running south 2 degrees 10 minutes 32 seconds east 273.7 feet to 
a point N147,153.72, E548,474.44, thence running south 5 degrees 18 
minutes 48 seconds west 2375.34 feet to a point N144,788.59, 
E548,254.48, thence running south 73 degrees 11 minutes 48 seconds west 
93.40 feet to a point N144,761.59, E548,165.07, thence running north 2 
degrees 10 minutes 39 seconds west 2589.81 feet to a point N147,349.53, 
E548,066.67, thence running north 78 degrees 56 minutes 16 seconds east 
404.9 feet returning to a point N147,427.22, E548,464.05 shall be 
redesignated as an anchorage area.
    Sec. 222. There is hereby appropriated to the Department of the 
Interior $1,250,000 for the acquisition of lands in the Wertheim 
National Wildlife Refuge, to be derived from the Land and Water 
Conservation Fund.
    Sec. 223. For a payment to Virginia C. Chafee, widow of John H. 
Chafee, late a Senator from Rhode Island, $136,700.
    Sec. 224. Paragraph (5) of section 201(a) of the Congressional 
Budget Act of 1974 (2 U.S.C. 601(a)) is amended to read as follows:
            ``(5)(A) The Director shall receive compensation at an 
        annual rate of pay that is equal to the lower of--
                    ``(i) the highest annual rate of compensation of any 
                officer of the Senate; or
                    ``(ii) the highest annual rate of compensation of 
                any officer of the House of Representatives.
            ``(B) The Deputy Director shall receive compensation at an 
        annual rate of pay that is $1,000 less than the annual rate of 
        pay received by the Director, as determined under subparagraph 
        (A).''.

    Sec. 225. In addition to amounts otherwise made available in Public 
Law 106-69 (Department of Transportation and Related Agencies 
Appropriations Act, 2000) to carry out 49 United States Code, 
5309(m)(1)(C), $1,750,000 is made available from the Mass Transit 
Account of the Highway Trust Fund for Twin Cities, Minnesota 
metropolitan buses and bus facilities; $750,000 is made available from 
the Mass Transit Account of the Highway Trust Fund for Santa Clarita, 
California bus maintenance facility; $1,000,000 is made available from 
the Mass Transit Account of the Highway Trust Fund for a Lincoln, 
Nebraska bus maintenance facility; and $2,500,000 is made available from 
the Mass Transit Account of the Highway Trust Fund for Anchorage, Alaska 
2001 Special Olympics Winter Games buses and bus facilities: Provided, 
That notwithstanding any other provision of law, $2,000,000 of the funds 
available in fiscal year 2000 under section 1101(a)(9) of Public Law 
105-178, as amended, for the National corridor planning and development 
and coordinated border infrastructure programs shall be made available 
for the planning and design of a highway corridor between Dothan, 
Alabama and Panama City, Florida: Provided further, That under ``Capital 
Investment Grants''

[[Page 113 STAT. 1501A-300]]

in Public Law 106-69, item number 66 shall be amended by striking 
``Colorado Association of Transit Agencies'' and inserting ``Colorado 
buses and bus facilities'', item number 107 shall be amended by striking 
``Kansas Public Transit Association buses and bus facilities'' and 
inserting ``Kansas buses and bus facilities'', the figure in item number 
92 shall be amended to read ``3,340,000'', item number 251 shall be 
amended by inserting after ``buses'' the following: ``and bus 
facilities'', and there shall be inserted after item number 279 under 
``Capital Investment Grants'' the following:


``280 Iowa                         Mason City, bus          160,000'':
    .                               facility.
 


Provided further, That Public Law 105-277, 112 Stat. 2681-458, item 
number 243 shall be amended by inserting after the word ``buses'' the 
following: ``and bus facilities''.
    Sec. 226. No funds made available in Public Law 106-69 or any other 
Act shall be used to decommission or otherwise reduce operations of U.S. 
Coast Guard WYTL harbor tug boats.
    Sec. 227. Section 351 of Public Law 106-69 is amended by striking 
``provided'' and inserting ``appropriated or limited''.
    Sec. 228. For purposes of section 5117(b)(5) of the Transportation 
Equity Act for the 21st Century, for fiscal years 1998, 1999 and 2000 
the cost-sharing provision of section 5001(b) shall not apply.
    Sec. 229. Section 366 of the Department of Transportation and 
Related Agencies Appropriations Act, 2000 (Public Law 106-69) is 
amended--
            (1) by striking ``and subject to subsection (b),''; and
            (2) by striking ``under subsection (a)'' and inserting 
        ``under this section''.

    Sec. 230. Section 408 of the Woodrow Wilson Memorial Bridge 
Authority Act of 1995 (109 Stat. 631) is amended--
            (1) by striking ``The'' and inserting ``(a) In General.--
        The''; and
            (2) by adding at the end the following:

    ``(b) Transportation Improvement Program.--Notwithstanding sections 
134(g)(2)(B), 134(h)(3)(D) and 135(f )(2)(D) of title 23, United States 
Code, the Project may be included in a metropolitan long-range 
transportation plan, a metropolitan transportation improvement program, 
and a State transportation improvement program under sections 134 and 
135, respectively, of that title.''.
    Sec. 231. (a) Exemption for Aircraft Modification or Disposal, 
Scheduled Heavy Maintenance, or Leasing-Related Flights.--Section 47528 
is amended--
            (1) by striking ``subsection (b)'' in subsection (a) and 
        inserting ``subsection (b) or (f )'';
            (2) by adding at the end of subsection (e) the following:
            ``(4) An air carrier operating Stage 2 aircraft under this 
        subsection may transport Stage 2 aircraft to or from the 48 
        contiguous States on a non-revenue basis in order--
                    ``(A) to perform maintenance (including major 
                alterations) or preventative maintenance on aircraft 
                operated, or to be operated, within the limitations of 
                paragraph (2)(B); or
                    ``(B) conduct operations within the limitations of 
                paragraph (2)(B).''; and
            (3) adding at the end thereof the following:

[[Page 113 STAT. 1501A-301]]

    ``(f ) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, 
or Leasing.--
            ``(1) In general.--The Secretary shall permit a person to 
        operate after December 31, 1999, a Stage 2 aircraft in 
        nonrevenue service through the airspace of the United States or 
        to or from an airport in the contiguous 48 States in order to--
                    ``(A) sell, lease, or use the aircraft outside the 
                contiguous 48 States;
                    ``(B) scrap the aircraft;
                    ``(C) obtain modifications to the aircraft to meet 
                Stage 3 noise levels;
                    ``(D) perform scheduled heavy maintenance or 
                significant modifications on the aircraft at a 
                maintenance facility located in the contiguous 48 
                States;
                    ``(E) deliver the aircraft to an operator leasing 
                the aircraft from the owner or return the aircraft to 
                the lessor;
                    ``(F) prepare or park or store the aircraft in 
                anticipation of any of the activities described in 
                subparagraphs (A) through (E); or
                    ``(G) divert the aircraft to an alternative airport 
                in the contiguous 48 States on account of weather, 
                mechanical, fuel, air traffic control, or other safety 
                reasons while conducting a flight in order to perform 
                any of the activities described in subparagraphs (A) 
                through (F).
            ``(2) Procedure to be published.--The Secretary shall 
        establish and publish, not later than 30 days after the date of 
        enactment of this Act a procedure to implement paragraph (1) of 
        this subsection through the use of categorical waivers, ferry 
        permits, or other means.''.

    (b) Noise Standards for Experimental Aircraft.--
            (1) In general.--Section 47528(a) of title 49 is amended by 
        inserting ``(for which an airworthiness certificate other than 
        an experimental certificate has been issued by the 
        Administrator)'' after ``civil subsonic turbojet''.
            (2) FAR modified.--The Federal Aviation Regulations, 
        contained in Part 14 of the Code of Federal Regulations, that 
        implement section 47528 and related provisions shall be deemed 
        to incorporate this change on the effective date of this Act.
            (3) Other.--Notwithstanding any other provision of law, none 
        of the funds in this or any other Act may be used to implement 
        or otherwise enforce Stage 3 noise limitations in title 49 
        United States Code, section 47528(a) for aircraft operating 
        under an experimental airworthiness certification issued by the 
        Department of Transportation.

    Sec. 232. In addition to amounts provided to the Federal Railroad 
Administration in Public Law 106-69, for necessary expenses for 
engineering, design and construction activities to enable the James A. 
Farley Post Office in New York City to be used as a train station and 
commercial center, to become available on October 1 of the fiscal year 
specified and to remain available until expended: fiscal year 2001, 
$20,000,000; fiscal year 2002, $20,000,000; fiscal year 2003, 
$20,000,000.
    Sec. 233. (a) Section 203(p)(1)(B)(ii) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)(B)(ii)) is 
amended by striking ``December 31, 1999.'' and inserting ``July 31, 
2000.''.

[[Page 113 STAT. 1501A-302]]

    (b) During the period beginning January 1, 2000, and ending July 31, 
2000, the Administrator may convey any property for which an application 
for the transfer of property is under consideration and pending on the 
date of the enactment of this Act.
     Sec. 234. Effective on November 15, 1999, or the last day of the 
1st session of the 106th Congress, whichever is later, in addition to 
amounts otherwise provided to address the expenses of Year 2000 
conversion of Federal information technology systems, not to exceed 10 
percent of any appropriation for salaries and expenses made available to 
an agency for fiscal year 2000 in this or any other Act may be used by 
the agency for implementation of agency business continuity and 
contingency plans in furtherance of Year 2000 compliance by Federal 
agencies: Provided, That such amounts may be transferred between agency 
accounts: Provided further, That the transfer authority provided in this 
section is in addition to any other transfer authority provided in this 
or any other Act: Provided further, That notice of any transfer under 
this section shall be transmitted to House and Senate Committees on 
Appropriations, the Senate Special Committee on the Year 2000 Technology 
Problem, the House Committee on Science, and the House Committee on 
Government Reform 10 days in advance of such transfer: Provided further, 
That, under circumstances reasonably requiring immediate action, such 
notice shall be transmitted as soon as possible but in no case more than 
5 days after such transfer: Provided further, That the authority granted 
in this section shall expire on February 29, 2000.
    Sec. 235. Title III of Public Law 106-58, under the heading ``Office 
of Administration, Salaries and Expenses'', is amended by inserting 
after ``infrastructure'' the following: ``: Provided, That the funds for 
the capital investment plan shall remain available until September 30, 
2001''.
    Sec. 236. Postponement of Date of Termination of Federal Agency 
Reporting Requirements. Section 3003(a)(1) of the Federal Reports 
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) is amended by 
striking ``4 years after the date of the enactment of this Act'' and 
inserting ``May 15, 2000''.
    Sec. 237. In addition to amounts appropriated to the Office of 
National Drug Control Policy, $3,000,000 is appropriated: Provided, That 
this amount shall be made available by grant to the United States 
Olympic Committee for its anti-doping program within 30 days of the 
enactment of this Act.
    Sec. 238. (a) In General.--(1) Section 5315 of title 5, United 
States Code, is amended by striking the following item: ``Commissioner 
of Customs, Department of the Treasury''.
    (2) Section 5314 of title 5, United States Code, is amended by 
inserting at the end the following item: ``Commissioner of Customs, 
Department of the Treasury''.
    (b) Effective Date.--The amendment made by this subsection shall 
take effect on January 1, 2000.
    Sec. 239. (a) Section 101(d)(3) of title I of division C of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277, 112 Stat. 2681-584, 585) is amended by inserting 
``not'' after ``the Inspector General Act of 1978 (5 U.S.C. App.) 
shall''.
    (b) The amendment made by subsection (a) shall be effective as if 
included in the enactment of section 101 of title I of division

[[Page 113 STAT. 1501A-303]]

C of the Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999.
    Sec. 240. For necessary expenses of the United States Secret 
Service, an additional $10,000,000 is appropriated for ``Salaries and 
Expenses''. In addition, for the purposes of meeting additional 
requirements of the United States Secret Service for fiscal year 2000, 
the Secretary of the Treasury is authorized and directed to transfer 
$21,000,000 to the United States Secret Service out of all the funds 
available to the Department of the Treasury no later than 120 days after 
enactment of this Act: Provided, That the transfer authority provided in 
this section is in addition to any other transfer authority contained 
elsewhere in this or any other Act: Provided further, That such 
transfers pursuant to this section be taken from programs, projects, and 
activities as determined by the Secretary of the Treasury and subject to 
the advance approval of the Committee on Appropriations.
    Sec. 241. Section 404(b) of the Government Management Reform Act of 
1994 (31 U.S.C. 501 note) is amended by striking: ``December 31, 1999'' 
and inserting ``April 30, 2000''.
    Sec. 242. (a) The seventh paragraph under the heading ``Community 
Development Block Grants'' in title II of H.R. 2684 (Public Law 106-74) 
is amended by striking the figure making individual grants for targeted 
economic investments and inserting ``$250,175,000'' in lieu thereof.
    (b) The statement of the managers of the committee of conference 
accompanying H.R. 2684 (Public Law 106-74; House Report No. 106-379) is 
deemed to be amended under the heading ``Community Development Block 
Grants'' to include in the description of targeted economic development 
initiatives the following:
            ``--$500,000 to Saint John's County, Florida for water, 
        wastewater, and sewer system improvements;
            ``--$1,000,000 to the City of San Dimas, California for 
        structural improvements, earthquake reinforcement, and 
        compliance with the Americans with Disabilities Act, to the 
        Walker House;
            ``--$2,000,000 to the City of Youngstown in Youngstown, Ohio 
        for site acquisition, planning, architectural design, and 
        preliminary construction activities of a convocation/community 
        center;
            ``--$875,000 to Chippewa County, Wisconsin for development 
        of the Lake Wissota Business Park;
            ``--$1,500,000 to Lake Marion Regional Water Agency in South 
        Carolina, for continued development of water supply needs;
            ``--$650,000 to Santa Fe County, New Mexico, for the Santa 
        Fe Regional Water Management and River Restoration Strategy 
        (including activities of partner governments and agencies);
            ``--$650,000 to the Dunbar Community Center in Springfield, 
        Massachusetts to expand its facilities''.

           TITLE III--FISCAL YEAR 2000 OFFSETS AND RESCISSIONS

    Sec. 301. (a) Government-Wide Rescissions.--There is hereby 
rescinded an amount equal to 0.38 percent of the discretionary budget 
authority provided (or obligation limit imposed) for fiscal year 2000 in 
this or any other Act for each department, agency, instrumentality, or 
entity of the Federal Government.

[[Page 113 STAT. 1501A-304]]

    (b) Restrictions.--In carrying out the rescissions made by 
subsection (a)--
            (1) no program, project, or activity of any department, 
        agency, instrumentality, or entity may be reduced by more than 
        15 percent (with ``programs, projects, and activities'' as 
        delineated in the appropriations Act or accompanying report for 
        the relevant account, or for accounts and items not included in 
        appropriations Acts, as delineated in the most recently 
        submitted President's budget);
            (2) no reduction shall be taken from any military personnel 
        account; and
            (3) the reduction for the Department of Defense and 
        Department of Energy Defense Activities shall be applied 
        proportionately to all Defense accounts.

    (c) Report.--The Director of the Office of Management and Budget 
shall include in the President's budget submitted for fiscal year 2001 a 
report specifying the reductions made to each account pursuant to this 
section.
    Sec. 302. Section 7 of the Federal Reserve Act (12 U.S.C. 289) is 
amended as follows:
            (1) by striking subsection (a)(3); and
            (2) by inserting the following new subsection (b):

    ``(b) Transfer For Fiscal Year 2000.--
            ``(1) In general.--The Federal reserve banks shall transfer 
        from the surplus funds of such banks to the Board of Governors 
        of the Federal Reserve System for transfer to the Secretary of 
        the Treasury for deposit in the general fund of the Treasury, a 
        total amount of $3,752,000,000 in fiscal year 2000.
            ``(2) Allocated by fed.--Of the total amount required to be 
        paid by the Federal reserve banks under paragraph (1) for fiscal 
        year 2000, the Board shall determine the amount each such bank 
        shall pay in such fiscal year.
            ``(3) Replenishment of surplus fund prohibited.--During 
        fiscal year 2000, no Federal reserve bank may replenish such 
        bank's surplus fund by the amount of any transfer by such bank 
        under paragraph (1).''.

    Sec. 303. (a) Section 453( j) of the Social Security Act (42 U.S.C. 
653( j)) is amended by adding at the end the following:
            ``(6) Information comparisons and disclosure for enforcement 
        of obligations on higher education act loans and grants.--
                    ``(A) Furnishing of information by the secretary of 
                education.--The Secretary of Education shall furnish to 
                the Secretary, on a quarterly basis or at such less 
                frequent intervals as may be determined by the Secretary 
                of Education, information in the custody of the 
                Secretary of Education for comparison with information 
                in the National Directory of New Hires, in order to 
                obtain the information in such directory with respect to 
                individuals who--
                          ``(i) are borrowers of loans made under title 
                      IV of the Higher Education Act of 1965 that are in 
                      default; or
                          ``(ii) owe an obligation to refund an 
                      overpayment of a grant awarded under such title.
                    ``(B) Requirement to seek minimum information 
                necessary.--The Secretary of Education shall seek

[[Page 113 STAT. 1501A-305]]

                information pursuant to this section only to the extent 
                essential to improving collection of the debt described 
                in subparagraph (A).
                    ``(C) Duties of the secretary.--
                          ``(i) Information comparison; disclosure to 
                      the secretary of education.--The Secretary, in 
                      cooperation with the Secretary of Education, shall 
                      compare information in the National Directory of 
                      New Hires with information in the custody of the 
                      Secretary of Education, and disclose information 
                      in that Directory to the Secretary of Education, 
                      in accordance with this paragraph, for the 
                      purposes specified in this paragraph.
                          ``(ii) Condition on disclosure.--The Secretary 
                      shall make disclosures in accordance with clause 
                      (i) only to the extent that the Secretary 
                      determines that such disclosures do not interfere 
                      with the effective operation of the program under 
                      this part. Support collection under section 466(b) 
                      shall be given priority over collection of any 
                      defaulted student loan or grant overpayment 
                      against the same income.
                    ``(D) Use of information by the secretary of 
                education.--The Secretary of Education may use 
                information resulting from a data match pursuant to this 
                paragraph only--
                          ``(i) for the purpose of collection of the 
                      debt described in subparagraph (A) owed by an 
                      individual whose annualized wage level (determined 
                      by taking into consideration information from the 
                      National Directory of New Hires) exceeds $16,000; 
                      and
                          ``(ii) after removal of personal identifiers, 
                      to conduct analyses of student loan defaults.
                    ``(E) Disclosure of information by the secretary of 
                education.--
                          ``(i) Disclosures permitted.--The Secretary of 
                      Education may disclose information resulting from 
                      a data match pursuant to this paragraph only to--
                                    ``(I) a guaranty agency holding a 
                                loan made under part B of title IV of 
                                the Higher Education Act of 1965 on 
                                which the individual is obligated;
                                    ``(II) a contractor or agent of the 
                                guaranty agency described in subclause 
                                (I);
                                    ``(III) a contractor or agent of the 
                                Secretary; and
                                    ``(IV) the Attorney General.
                          ``(ii) Purpose of disclosure.--The Secretary 
                      of Education may make a disclosure under clause 
                      (i) only for the purpose of collection of the 
                      debts owed on defaulted student loans, or 
                      overpayments of grants, made under title IV of the 
                      Higher Education Act of 1965.
                          ``(iii) Restriction on redisclosure.--An 
                      entity to which information is disclosed under 
                      clause (i) may use or disclose such information 
                      only as needed for the purpose of collecting on 
                      defaulted student loans, or overpayments of 
                      grants, made under title IV of the Higher 
                      Education Act of 1965.

[[Page 113 STAT. 1501A-306]]

                    ``(F) Reimbursement of hhs costs.--The Secretary of 
                Education shall reimburse the Secretary, in accordance 
                with subsection (k)(3), for the additional costs 
                incurred by the Secretary in furnishing the information 
                requested under this subparagraph.''.

    (b) Penalties for Misuse of Information.--Section 402(a) of the 
Child Support Performance and Incentive Act of 1998 (112 Stat. 669) is 
amended in the matter added by paragraph (2) by inserting ``or any other 
person'' after ``officer or employee of the United States''.
    (c) Effective Date.--The amendments made by this section shall 
become effective October 1, 1999.
    Sec. 304. Section 110 of title 23, United States Code, is amended by 
adding at the end the following:
    ``(e) After making any calculation necessary to implement this 
section for fiscal year 2001, the amount available under paragraph 
(a)(1) shall be increased by $128,752,000. The amounts added under this 
subsection shall not apply to any calculation in any other fiscal year.
    ``(f ) For fiscal year 2001, prior to making any distribution under 
this section, $22,029,000 of the allocation under paragraph (a)(1) shall 
be available only for each program authorized under chapter 53 of title 
49, United States Code, and title III of Public Law 105-178, in 
proportion to each such program's share of the total authorization in 
section 5338 (other than 5338(h)) of such title and sections 3037 and 
3038 of such Public Law, under the terms and conditions of chapter 53 of 
such title.
    ``(g) For fiscal year 2001, prior to making any distribution under 
this section, $399,000 of the allocation under paragraph (a)(1) shall be 
available only for motor carrier safety programs under sections 31104 
and 31107 of title 49, United States Code; $274,000 for NHTSA operations 
and research under section 403 of title 23, United States Code; and 
$787,000 for NHTSA highway traffic safety grants under chapter 4 of 
title 23, United States Code.''.
    Sec. 305. Notwithstanding section 3324 of title 31, United States 
Code, and section 1006(h) of title 37, United States Code, the basic pay 
and allowances that accrues to members of the Army, Navy, Marine Corps, 
and Air Force for the pay period ending on September 30, 2000, shall be 
paid, whether by electronic transfer of funds or otherwise, no earlier 
than October 1, 2000.
    Sec. 306. The pay of any Federal officer or employee that would be 
payable on September 29, 2000, or September 30, 2000, for the preceding 
applicable pay period (if not for this section) shall be paid, whether 
by electronic transfer of funds or otherwise, on October 1, 2000.
    Sec. 307. Under the terms of section 251(b)(2) of Public Law 99-177, 
an adjustment for rounding shall be provided for the first amount 
referred to in section 251(c)(4)(A) of such Act equal to 0.2 percent of 
such amount.

[[Page 113 STAT. 1501A-307]]

                TITLE IV--CANYON FERRY RESERVOIR, MONTANA

SEC. 401. DEFINITION OF INDIVIDUAL PROPERTY PURCHASER.

    Section 1003 of title X of division C of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-711) 
is amended--
            (1) by redesignating paragraphs (4) through (12) as 
        paragraphs (5) through (13), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Individual property purchaser.--The term `individual 
        property purchaser', with respect to an individual cabin site 
        described in section 1004(b), means a person (including CFRA or 
        a lessee) that purchases that cabin site.

SEC. 402. SALE OF PROPERTIES.

    Section 1004 of title X of division C of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999, is amended--
            (1) in subsection (c)(2) (112 Stat. 2681-713), by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Appraisal.--
                          ``(i) In general.--The appraisal under 
                      subparagraph (A) shall be based on the Canyon 
                      Ferry Cabin Site appraisal with a completion date 
                      of March 29, 1999, and amended June 11, 1999, with 
                      an effective date of valuation of October 15, 
                      1998, for the Bureau of Reclamation, on the 
                      conditions stated in this subparagraph.
                          ``(ii) Modifications.--The contract appraisers 
                      that conducted the original appraisal having an 
                      effective date of valuation of October 15, 1998, 
                      for the Bureau of Reclamation shall make 
                      appropriate modifications to permit recalculation 
                      of the lot values established in the original 
                      appraisal into an updated appraisal, the function 
                      of which shall be to provide market values for the 
                      sale of each of the 265 Canyon Ferry Cabin site 
                      lots.
                          ``(iii) Changes in property characteristics.--
                      If there are any changes in the characteristic of 
                      a property that form part of the basis of the 
                      updated appraisal (including a change in size, 
                      easement considerations, or updated analyses of 
                      the physical characteristics of a lot), the 
                      contract appraisers shall make an appropriate 
                      adjustment to the updated appraisal.
                          ``(iv) Updating.--Subject to the approval of 
                      CFRA and the Secretary, the fair market values 
                      established by the appraisers under this paragraph 
                      may be further updated periodically by the 
                      contract appraisers through appropriate market 
                      analyses.
                          ``(v) Reconsideration.--The Bureau of 
                      Reclamation and the 265 Canyon Ferry cabin owners 
                      have the right to seek reconsideration, before 
                      commencement of the updated appraisal, of the 
                      assumptions that the appraisers used in arriving 
                      at the fair market values derived in the original 
                      appraisal.

[[Page 113 STAT. 1501A-308]]

                          ``(vi) Continuing validity.--Notwithstanding 
                      any other provision of law, the October 15, 1998, 
                      Canyon Ferry Cabin Site original appraisal, as 
                      provided for in this paragraph, shall remain valid 
                      for use by the Bureau of Reclamation in the sale 
                      process for a period of not less than 3 years from 
                      the date of completion of the updated 
                      appraisal.'';
            (2) in subsection (d) (112 Stat. 2681-713)--
                    (A) in paragraph (1)(D), by adding at the end the 
                following:
                          ``(iii) Remaining leases.--
                                    ``(I) Continuation of leases.--The 
                                remaining lessees shall have a right to 
                                continue leasing through August 31, 
                                2014.
                                    ``(II) Right to close.--The 
                                remaining leases shall have the right to 
                                close under the terms of the sale at any 
                                time before August 31, 2014. On 
                                termination of the lease either by 
                                expiration under the terms of the lease 
                                or by violation of the terms of the 
                                lease, all personal property and 
                                improvements will be removed, and the 
                                cabin site shall remain in Federal 
                                ownership.''; and
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``or if no one (including CFRA) 
                      bids,'' after ``bid''; and
                          (ii) in subparagraph (D)--
                                    (I) by striking ``12 months'' and 
                                inserting ``36 months''; and
                                    (II) by adding at the end the 
                                following: ``If the requirement of the 
                                preceding sentence is not met, CFRA may 
                                close on all remaining cabin sites or up 
                                to the 75 percent requirement. If CFRA 
                                does not exercise either such option, 
                                the Secretary shall conduct another sale 
                                for the remaining cabin sites to close 
                                immediately, with proceeds distributed 
                                in accordance with section 1008.'';
            (3) by striking subsection (e) (112 Stat. 2681-714) and 
        inserting the following:

    ``(e) Administrative Costs.--
            ``(1) Allocation of funding.--The Secretary shall allocate 
        all funding necessary to conduct the sales process for the sale 
        of property under this title.
            ``(2) Reimbursement.--Any reasonable administrative costs 
        incurred by the Secretary (including the costs of survey and 
        appraisals incident to the conveyance under subsection (a)) 
        shall be proportionately reimbursed by the property owner a the 
        time of closing.''; and
            (4) by striking subsection (f ) (112 Stat. 2681-714) and 
        inserting the following:

    ``(f ) Timing.--The Secretary shall--
            ``(1) immediately begin preparing for the sales process on 
        enactment of this Act; and
            ``(2) not later than 1 year after the date of enactment of 
        this Act, begin conveying the property described in subsection 
        (b).''.

[[Page 113 STAT. 1501A-309]]

SEC. 403. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.

    Section 1007(b) of title X of division C of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
715), is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``trust manager'' and 
                inserting ``trust manager (referred to in this section 
                as the `trust manager')'';
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by striking ``agency Board'' and inserting 
                ``Agency Board (referred to in this section as the 
                `Joint State-Federal Agency Board')''; and
                    (C) in paragraph (3)(A), by striking ``Advisory 
                Board'' and inserting ``Advisory Board (referred to in 
                this section as the `Citizen Advisory Board')''; and
            (2) by adding at the end the following:

    ``(f ) Recreation Trust Agreement.--
            ``(1) In general.--The Trust, acting through the trust 
        manager, in consultation with the Joint State-Federal Agency 
        Board and the Citizen Advisory Board, shall enter into a legally 
        enforceable agreement with CFRA (referred to in this section as 
        the `Recreation Trust Agreement').
            ``(2) Contents.--The Recreation Trust Agreement shall 
        provide that--
                    ``(A) on receipt of proceeds of the sale of a 
                property under section 1004, the Trust shall loan up to 
                $3,000,000 of the proceeds to CFRA;
                    ``(B) CFRA shall deposit all funds borrowed under 
                subparagraph (A) in the Canyon Ferry-Broadwater County 
                Trust;
                    ``(C) CFRA and the individual purchasers shall repay 
                the principal of the loan to the Trust as soon as 
                reasonably practicable in accordance with a repayment 
                schedule specified in the loan agreement; and
                    ``(D) until such time as the principal is repaid in 
                full, CFRA and the individual purchasers shall make an 
                annual interest payment on the outstanding principal of 
                the loan to the Trust at an interest rate determined in 
                accordance with paragraph (4)(C).
            ``(3) Treatment of interest payments.--All interest payments 
        received by the Trust under paragraph (2)(D) shall be treated as 
        earnings under subsection (d)(2).
            ``(4) Fiduciary responsibility.--In negotiating the 
        Recreation Trust Agreement, the trust manager shall act in the 
        best interests of the Trust to ensure--
                    ``(A) the security of the loan;
                    ``(B) timely repayment of the principal; and
                    ``(C) payment of a fair interest rate, of not less 
                than 6 nor more than 8 percent per year, based on the 
                length of the term of a loan that is comparable to the 
                term of a traditional home mortgage.

    ``(g) Restriction on Disbursement.--Except as provided in subsection 
(f ), the trust manager shall not disburse any funds from the Trust 
until August 1, 2001, as provided for in the Recreation Trust Agreement, 
unless Broadwater County, at an earlier date, certifies that the Canyon 
Ferry-Broadwater County Trust has been fully funded in accordance with 
this title.

[[Page 113 STAT. 1501A-310]]

    ``(h) Condition to Sale.--No closing of property under section 1004 
shall be made until the Recreation Trust Agreement is entered into under 
subsection (f )''.

SEC. 404. CANYON FERRY-BROADWATER COUNTY TRUST.

    Section 1008(b) of title X of division C of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
718), is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Agreement.--
                    ``(A) Condition to sale.--No closing of property 
                under section 1004 shall be made until CFRA and 
                Broadwater County enter into a legally enforceable 
                agreement (referred to in this paragraph as the ` 
                Contributions Agreement') concerning contributions to 
                the Trust.
                    ``(B) Contents.--The Contributions Agreement shall 
                require that on or before August 1, 2001, CFRA shall 
                ensure that $3,000,000 in value is deposited in the 
                Canyon Ferry-Broadwater County Trust from 1 or more of 
                the following sources:
                          ``(i) Direct contributions made by the 
                      purchasers on the sale of each cabin site.
                          ``(ii) Annual contributions made by the 
                      purchasers.
                          ``(iii) All other monetary contributions.
                          ``(iv) In-kind contributions, subject to the 
                      approval of the County.
                          ``(v) All funds borrowed by CFRA under section 
                      1007(f ).
                          ``(vi) Assessments made against the cabin 
                      sites made under a county park district or any 
                      similar form of local government under the laws of 
                      the State of Montana.
                          ``(vii) Any other contribution, subject to the 
                      approval of the County.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Alternative funding source.--If CFRA agrees to form a 
        county park district under section 7-16-2401 et seq., of the 
        Montana Code Annotated, or any other similar form of local 
        government under the laws of the State of Montana, for the 
        purpose of providing funding for the Trust pursuant to the 
        Contributions Agreement, CFRA and Broadwater County may amend 
        the Contributions Agreement as appropriate, so long as the 
        monetary obligations of individual property purchases under the 
        Contributions Agreement as amended are substantially similar to 
        those specified in paragraph (1).''; and
            (4) in paragraph (4) (as redesignated by paragraph (2), by 
        striking ``until the condition stated in paragraph (1) is met''.

SEC. 405. TECHNICAL CORRECTIONS.

    Title X of division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 is amended--
            (1) in section 1001 (112 Stat. 2681-710), by striking 
        ``section 4(b)'' and inserting ``section 1004(b)'';
            (2) in section 1003 (112 Stat. 2681-711)--
                    (A) in paragraph (1), by striking ``section 8'' and 
                inserting ``section 1008'';

[[Page 113 STAT. 1501A-311]]

                    (B) in paragraph (6), by striking ``section 7'' and 
                inserting ``section 1007'';
                    (C) in paragraph (8)--
                          (i) in subparagraph (A), by striking ``section 
                      4(b)'' and inserting ``1004(b)''; and
                          (ii) in subparagraph (B), by striking 
                      ``section 4(b)(1)(B)'' and inserting ``section 
                      1004(b)(1)(B)''; and
                    (D) in paragraph (9), by striking ``section 4'' and 
                inserting ``section 104''; and
            (3) in section 1004 (112 Stat. 2681-712)--
                    (A) in subsection (b)(3)(B)(ii)(II), by striking 
                ``section 4(a)'' and inserting ``section 1004(a)''; and
                    (B) in subsection (d)(2)(G), by striking ``section 
                6'' and inserting ``section 1006''.

                   TITLE V--INTERNATIONAL DEBT RELIEF

SEC. 501. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

    (a) Cancellation of Debt.--Subject to the availability of amounts 
provided in advance in appropriations Acts, the President shall cancel 
all amounts owed to the United States (or any agency of the United 
States) by any country eligible for debt reduction under this section, 
as a result of loans made or credits extended prior to June 20, 1999, 
under any of the provisions of law specified in subsection (b).
    (b) Provisions of Law.--The provisions of law referred to in 
subsection (a) are the following:
            (1) Sections 221 and 222 of the Foreign Assistance Act.
            (2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).
            (3) Section 5(f ) of the Commodity Credit Corporation 
        Charter Act, section 201 of the Agricultural Trade Act of 1978 
        (7 U.S.C. 5621), or section 202 of such Act (7 U.S.C. 5622), or 
        predecessor provisions under the Food for Peace Act of 1966.
            (4) Title I of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1701 et seq.).

    (c) Other Debt Reduction Authorities.--The authority provided in 
this section is in addition to any other debt relief authority and does 
not in any way limit such authority.
    (d) Eligible Countries.--A country that is performing satisfactorily 
under an economic reform program shall be eligible for cancellation of 
debt under this section if--
            (1) the country, as of December 31, 2000, is eligible to 
        borrow from the International Development Association;
            (2) the country, as of December 31, 2000, is not eligible to 
        borrow from the International Bank for Reconstruction and 
        Development; and
            (3)(A) the country has outstanding public and publicly 
        guaranteed debt, the net present value of which on December 31, 
        1996, was at least 150 percent of the average annual value of 
        the exports of the country for the period 1994 through 1996; or
            (B)(i) the country has outstanding public and publicly 
        guaranteed debt, the net present value of which, as of the date 
        the President determines that the country is eligible for debt 
        relief under this section, is at least 150 percent of the annual 
        value of the exports of the country; or

[[Page 113 STAT. 1501A-312]]

            (ii) the country has outstanding public and publicly 
        guaranteed debt, the net present value of which, as of the date 
        the President determines that the country is eligible for debt 
        relief under this section, is at least 250 percent of the annual 
        fiscal revenues of the country, and has minimum ratios of 
        exports to Gross Domestic Product of 30 percent, and of fiscal 
        revenues to Gross Domestic Product of 15 percent.

    (e) Priority.--In carrying out subsection (a), the President should 
seek to leverage scarce foreign assistance and give priority to heavily 
indebted poor countries with demonstrated need and the capacity to use 
such relief effectively.
    (f ) Exceptions.--A country shall not be eligible for cancellation 
of debt under this section if the government of the country--
            (1) has an excessive level of military expenditures;
            (2) has repeatedly provided support for acts of 
        international terrorism, as determined by the Secretary of State 
        under section 6( j)(1) of the Export Administration Act of 1979 
        (50 U.S.C. App. 2405( j)(1)) or section 620A(a) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371(a));
            (3) is failing to cooperate on international narcotics 
        control matters; or
            (4) (including its military or other security forces), 
        engages in a consistent pattern of gross violations of 
        internationally recognized human rights.

    (g) Additional Requirement.--A country which is otherwise eligible 
to receive cancellation of debt under this section may receive such 
cancellation only if the country has committed, in connection with a 
social and economic reform program--
            (1) to enable, facilitate, or encourage the implementation 
        of policy changes and institutional reforms under economic 
        reform programs, in a manner that ensures that such policy 
        changes and institutional reforms are designed and adopted 
        through transparent and participatory processes;
            (2) to adopt an integrated development strategy of the type 
        described in section 1624(a) of the International Financial 
        Institutions Act, to support poverty reduction through economic 
        growth, that includes monitorable poverty reduction goals;
            (3) to take steps so that the financial benefits of debt 
        relief are applied to programs to combat poverty (in particular 
        through concrete measures to improve economic infrastructure, 
        basic services in education, nutrition, and health, particularly 
        treatment and prevention of the leading causes of mortality) and 
        to redress environmental degradation;
            (4) to take steps to strengthen and expand the private 
        sector, encourage increased trade and investment, support the 
        development of free markets, and promote broad-scale economic 
        growth;
            (5) to implement transparent policy making and budget 
        procedures, good governance, and effective anticorruption 
        measures;
            (6) to broaden public participation and popular 
        understanding of the principles and goals of poverty reduction, 
        particularly through economic growth, and good governance; and
            (7) to promote the participation of citizens and 
        nongovernmental organizations in the economic policy choices of 
        the government.

[[Page 113 STAT. 1501A-313]]

    (h) Certain Prohibitions Inapplicable.--Except as the President may 
otherwise determine for reasons of national security, a cancellation of 
debt under this section shall not be considered to be assistance for 
purposes of any provision of law limiting assistance to a country. The 
authority to provide for cancellation of debt under this section may be 
exercised notwithstanding section 620(r) of the Foreign Assistance Act 
of 1961, or any similar provision of law.
    (i) Authorization of Appropriations.--For the cost (as defined in 
section 502(5) of the Federal Credit Reform Act of 1990) of the 
cancellation of any debt under this section, there are authorized to be 
appropriated to the President such sums as may be necessary for each of 
the fiscal years 2000 through 2004, which shall remain available until 
expended.
    ( j) Annual Reports to the Congress.--Not later than December 31 of 
each year, the President shall prepare and transmit to the Committees on 
Banking and Financial Services, Appropriations, and International 
Relations of the House of Representatives, and the Committees on 
Banking, Housing, and Urban Affairs, Foreign Relations, and 
Appropriations of the Senate a report, which shall be made available to 
the public, concerning the cancellation of debt under subsection (a), 
and a detailed description of debt relief provided by the United States 
as a member of the Paris Club of Official Creditors for the prior fiscal 
year.

SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.

    Title XVI of the International Financial Institutions Act (22 U.S.C. 
262p-262p-5) is amended by adding at the end the following:

``SEC. 1623. IMPROVEMENT OF THE HEAVILY INDEBTED POOR COUNTRIES 
            INITIATIVE.

    ``(a) Improvement of the HIPC Initiative.--In order to accelerate 
multilateral debt relief and promote human and economic development and 
poverty alleviation in heavily indebted poor countries, the Congress 
urges the President to commence immediately efforts, with the Paris Club 
of Official Creditors, as well as the International Monetary Fund (IMF), 
the International Bank for Reconstruction and Development (World Bank), 
and other appropriate multilateral development institutions to 
accomplish the following modifications to the Heavily Indebted Poor 
Countries Initiative:
            ``(1) Focus on poverty reduction, good governance, 
        transparency, and participation of citizens.--A country which is 
        otherwise eligible to receive cancellation of debt under the 
        modified Heavily Indebted Poor Countries Initiative may receive 
        such cancellation only if the country has committed, in 
        connection with social and economic reform programs that are 
        jointly developed, financed, and administered by the World Bank 
        and the IMF--
                    ``(A) to enable, facilitate, or encourage the 
                implementation of policy changes and institutional 
                reforms under economic reform programs, in a manner that 
                ensures that such policy changes and institutional 
                reforms are designed and adopted through transparent and 
                participatory processes;

[[Page 113 STAT. 1501A-314]]

                    ``(B) to adopt an integrated development strategy to 
                support poverty reduction through economic growth, that 
                includes monitorable poverty reduction goals;
                    ``(C) to take steps so that the financial benefits 
                of debt relief are applied to programs to combat poverty 
                (in particular through concrete measures to improve 
                economic infrastructure, basic services in education, 
                nutrition, and health, particularly treatment and 
                prevention of the leading causes of mortality) and to 
                redress environmental degradation;
                    ``(D) to take steps to strengthen and expand the 
                private sector, encourage increased trade and 
                investment, support the development of free markets, and 
                promote broad-scale economic growth;
                    ``(E) to implement transparent policy making and 
                budget procedures, good governance, and effective 
                anticorruption measures;
                    ``(F) to broaden public participation and popular 
                understanding of the principles and goals of poverty 
                reduction, particularly through economic growth, and 
                good governance; and
                    ``(G) to promote the participation of citizens and 
                nongovernmental organizations in the economic policy 
                choices of the government.
            ``(2) Faster debt relief.--The Secretary of the Treasury 
        should urge the IMF and the World Bank to complete a debt 
        sustainability analysis by December 31, 2000, and determine 
        eligibility for debt relief, for as many of the countries under 
        the modified Heavily Indebted Poor Countries Initiative as 
        possible.

    ``(b) Heavily Indebted Poor Countries Review.--The Secretary of the 
Treasury, after consulting with the Committees on Banking and Financial 
Services and International Relations of the House of Representatives, 
and the Committees on Foreign Relations and Banking, Housing, and Urban 
Affairs of the Senate, shall make every effort (including instructing 
the United States Directors at the IMF and World Bank) to ensure that an 
external assessment of the modified Heavily Indebted Poor Countries 
Initiative, including the reformed Enhanced Structural Adjustment 
Facility program as it relates to that Initiative, takes place by 
December 31, 2001, incorporating the views of debtor governments and 
civil society, and that such assessment be made public.
    ``(c) Definition.--The term `modified Heavily Indebted Poor 
Countries Initiative' means the multilateral debt initiative presented 
in the Report of G-7 Finance Ministers on the Koln Debt Initiative to 
the Koln Economic Summit, Cologne, Germany, held from June 18-20, 1999.

``SEC. 1624. REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.

    ``The Secretary of the Treasury shall instruct the United States 
Executive Directors at the International Bank for Reconstruction and 
Development (World Bank) and the International Monetary Fund (IMF) to 
use the voice and vote of the United States to promote the establishment 
of poverty reduction strategy policies and procedures at the World Bank 
and the IMF that support

[[Page 113 STAT. 1501A-315]]

countries' efforts under programs developed and jointly administered by 
the World Bank and the IMF that have the following components:
            ``(1) The development of country-specific poverty reduction 
        strategies (Poverty Reduction Strategies) under the leadership 
        of such countries that--
                    ``(A) will be set out in poverty reduction strategy 
                papers (PRSPs) that provide the basis for the lending 
                operations of the International Development Association 
                (IDA) and the reformed Enhanced Structural Adjustment 
                Facility (ESAF);
                    ``(B) will reflect the World Bank's role in poverty 
                reduction and the IMF's role in macroeconomic issues;
                    ``(C) will make the IMF's and the World Bank's 
                advice and operations fully consistent with the 
                objectives of poverty reduction through broad-based 
                economic growth; and
                    ``(D) should include--
                          ``(i) implementation of transparent budgetary 
                      procedures and mechanisms to help ensure that the 
                      financial benefits of debt relief under the 
                      modified Heavily Indebted Poor Countries 
                      Initiative (as defined in section 1623) are 
                      applied to programs that combat poverty; and
                          ``(ii) monitorable indicators of progress in 
                      poverty reduction.
            ``(2) The adoption of procedures for periodic comprehensive 
        reviews of reformed ESAF and IDA programs to help ensure 
        progress toward longer-term poverty goals outlined in the 
        Poverty Reduction Strategies and to allow adjustments in such 
        programs.
            ``(3) The publication of the PRSPs prior to Executive Board 
        review of related programs under IDA and the reformed ESAF.
            ``(4) The establishment of a standing evaluation unit at the 
        IMF, similar to the Operations Evaluation Department of the 
        World Bank, that would report directly to the Executive Board of 
        the IMF and that would undertake periodic reviews of IMF 
        operations, including the operations of the reformed ESAF, 
        including--
                    ``(A) assessments of experience under the reformed 
                ESAF programs in the areas of poverty reduction, 
                economic growth, and access to basic social services;
                    ``(B) assessments of the extent and quality of 
                participation in program design by citizens;
                    ``(C) verifications that reformed ESAF programs are 
                designed in a manner consistent with the Poverty 
                Reduction Strategies; and
                    ``(D) prompt release to the public of all reviews by 
                the standing evaluation unit.
            ``(5) The promotion of clearer conditionality in IDA and 
        reformed ESAF programs that focuses on reforms most likely to 
        support poverty reduction through broad-based economic growth.
            ``(6) The adoption by the IMF of policies aimed at reforming 
        ESAF so that reformed ESAF programs are consistent with the 
        Poverty Reduction Strategies.
            ``(7) The adoption by the World Bank of policies to help 
        ensure that its lending operations in countries eligible for 
        debt

[[Page 113 STAT. 1501A-316]]

        relief under the modified Heavily Indebted Poor Countries 
        Initiative are consistent with the Poverty Reduction Strategies.
            ``(8) Strengthening the linkage between borrower country 
        performance and lending operations by IDA and the reformed ESAF 
        on the basis of clear and monitorable indictors.
            ``(9) Full public disclosure of the proposed objectives and 
        financial organization of the successor to the ESAF at least 90 
        days before any decision by the Executive Board of the IMF to 
        consider its adoption.''.

SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.

    (a) Contributions for Debt Reductions for the Poorest Countries.--
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by 
adding at the end the following:

``SEC. 62. APPROVAL OF CONTRIBUTIONS FOR DEBT REDUCTIONS FOR THE POOREST 
            COUNTRIES.

    ``For the purpose of mobilizing the resources of the Fund in order 
to help reduce poverty and improve the lives of residents of poor 
countries and, in particular, to allow those poor countries with 
unsustainable debt burdens to receive deeper, broader, and faster debt 
relief, without allowing gold to reach the open market or otherwise 
adversely affecting the market price of gold, the Secretary of the 
Treasury is authorized to instruct the United States Executive Director 
of the Fund to vote--
            ``(1) to approve an arrangement whereby the Fund--
                    ``(A) sells a quantity of its gold at prevailing 
                market prices to a member or members in nonpublic 
                transactions sufficient to generate 2.226 billion 
                Special Drawing Rights in profits on such sales;
                    ``(B) immediately after, and in conjunction with 
                each such sale, accepts payment by such member or 
                members of such gold to satisfy existing repurchase 
                obligations of such member or members so that the Fund 
                retains ownership of the gold at the conclusion of such 
                payment;
                    ``(C) uses the earnings on the investment of the 
                profits of such sales through a separate subaccount, 
                only for the purpose of providing debt relief from the 
                Fund under the modified Heavily Indebted Poor Countries 
                (HIPC) Initiative (as defined in section 1623 of the 
                International Financial Institutions Act); and
                    ``(D) shall not use more than \9/14\ of the earnings 
                on the investment of the profits of such sales; and
            ``(2) to support a decision that shall terminate the Special 
        Contingency Account 2 (SCA-2) of the Fund so that the funds in 
        the SCA-2 shall be made available to the poorest countries. Any 
        funds attributable to the United States participation in SCA-2 
        shall be used only for debt relief from the Fund under the 
        modified HIPC Initiative.''.

    (b) Certification.--Within 15 days after the United States Executive 
Director casts the votes necessary to carry out the instruction 
described in section 62 of the Bretton Woods Agreements Act, the 
Secretary of the Treasury shall certify to the Congress that neither the 
profits nor the earnings on the investment of profits from the gold 
sales made pursuant to the instruction or of the funds attributable to 
United States participation in SCA-2 will be used to augment the 
resources of any reserve account

[[Page 113 STAT. 1501A-317]]

of the International Monetary Fund for the purpose of making loans.

SEC. 504. ADDITIONAL PROVISIONS.

    (a) Publication of IMF Operational Budgets.--The Secretary of the 
Treasury shall instruct the United States Executive Director at the 
International Monetary Fund to use the voice, vote, and influence of the 
United States to urge vigorously the International Monetary Fund to 
publish the operational budgets of the International Monetary Fund, on a 
quarterly basis, not later than one year after the end of the period 
covered by the budget.
    (b) Report to the Congress Showing Costs of United States 
Participation in the International Monetary Fund.--The Secretary of the 
Treasury shall prepare and transmit to the Committees on Banking and 
Financial Services, on Appropriations, and on International Relations of 
the House of Representatives and the Committees on Banking, Housing, and 
Urban Affairs, on Foreign Relations, and on Appropriations of the Senate 
a quarterly report, which shall be made readily available to the public, 
on the costs or benefits of United States participation in the 
International Monetary Fund and which shall detail the costs and 
benefits to the United States, as well as valuation gains or losses on 
the United States reserve position in the International Monetary Fund.
    (c) Continuation of Forgoing of Reimbursement of IMF for Expenses of 
Administering ESAF.--The Secretary of the Treasury shall instruct the 
United States Executive Director at the International Monetary Fund to 
use the voice, vote, and influence of the United States to urge 
vigorously the International Monetary Fund to continue to forgo 
reimbursements of the expenses incurred by the International Monetary 
Fund in administering the Enhanced Structural Adjustment Facility, until 
the Heavily Indebted Poor Countries Initiative (as defined in section 
1623 of the International Financial Institutions Act) is terminated.
    (d) No Gold Sales by International Monetary Fund Without Prior 
Authorization by the Congress.--(1) The first sentence of section 5 of 
the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended in clause 
(g) by striking ``approve either the disposition of more than 25 million 
ounces of Fund gold for the benefit of the Trust Fund established by the 
Fund on May 6, 1976, or the establishment of any additional trust fund 
whereby resources of the International Monetary Fund would be used for 
the special benefit of a single member, or of a particular segment of 
the membership, of the Fund.'' and inserting ``approve any disposition 
of Fund gold, unless the Secretary certifies to the Congress that such 
disposition is necessary for the Fund to restitute gold to its members, 
or for the Fund to provide liquidity that will enable the Fund to meet 
member country claims on the Fund or to meet threats to the systemic 
stability of the international financial system.''.
    (2) Not less than 30 days prior to the entrance by the United States 
into international negotiations for the purpose of reaching agreement on 
the disposition of Fund gold whereby resources of the Fund would be used 
for the special benefit of a single member, or of a particular segment 
of the membership of the Fund, the Secretary of the Treasury shall 
consult with the Committees on

[[Page 113 STAT. 1501A-318]]

Banking and Financial Services, on Appropriations, and on International 
Relations of the House of Representatives and the Committees on Foreign 
Relations, on Appropriations, and on Banking, Housing and Urban Affairs 
of the Senate.
    (e) Annual Report by GAO on Consistency of IMF Practices With 
Statutory Policies.--The Comptroller General of the United States shall 
annually prepare and submit to the Congress of the United States a 
written report on the extent to which the practices of the International 
Monetary Fund are consistent with the policies of the United States, as 
expressly contained in Federal law applicable to the International 
Monetary Fund.

                       TITLE VI--SURVIVOR BENEFITS

SEC. 601. PAYMENT.

    (a) Payment Authorization.--The Secretary of the Treasury shall pay, 
out of funds not otherwise appropriated, $100,000 to the survivor, or 
collectively the survivors, of each of the 14 members of the Armed 
Forces and the one United States civilian Federal employee who were 
killed on April 14, 1994, when United States F-15 fighter aircraft 
mistakenly shot down two UH-60 Black Hawk helicopters over Iraq.
    (b) Survivor Status.--
            (1) Members of the armed forces insured by sgli.--In the 
        case of a member of the Armed Forces described in subsection (a) 
        who was insured by a Servicemembers' Group Life Insurance policy 
        (issued under chapter 19 of title 38, United States Code), a 
        survivor of such member for the purposes of subsection (a) shall 
        be any person designated as a beneficiary on the individual's 
        policy.
            (2) Individuals not insured by sgli.--In the case of a 
        member of the Armed Forces described in subsection (a) who was 
        not insured by a Servicemembers' Group Life Insurance policy 
        (issued under chapter 19 of title 38, United States Code) or the 
        civilian Federal employee described in subsection (a), a 
        survivor of such member or employee for the purposes of 
        subsection (a) shall be any person determined to be a survivor 
        by the Secretary of the Treasury using the provisions of section 
        5582(b) of title 5, United States Code.

SEC. 602. LIMITATION ON TOTAL AMOUNT OF PAYMENT.

    Not more than a total of $1,500,000 may be paid to survivors under 
section 1.

SEC. 603. LIMITATION ON ATTORNEY FEES.

    Notwithstanding any contract, no representative of a survivor may 
receive more than 10 percent of a payment made under section 1 for 
services rendered in connection with the survivor's claim for such 
payment. Any person who violates this section shall be guilty of an 
infraction and shall be subject to a fine in the amount provided in 
title 18, United States Code.

SEC. 604. REPORT.

    Not later than 6 months after the date of the enactment of this Act, 
the Secretary of the Treasury shall transmit to the Congress a report 
describing the payments made under section 1.

[[Page 113 STAT. 1501A-319]]

                   TITLE VII--MISCELLANEOUS PROVISIONS

    Sec. 701. Grant of Naturalization to Petra Lovetinska. (a) In 
General.--Notwithstanding any other provision of law, Petra Lovetinska 
shall be naturalized as a citizen of the United States upon the filing 
of the appropriate application and upon being administered the oath of 
renunciation and allegiance in an appropriate ceremony pursuant to 
section 337 of the Immigration and Nationality Act.
    (b) Deadline for Application and Payment of Fees.--Subsection (a) 
shall apply only if the application for naturalization is filed with 
appropriate fees within 1 year after the date of the enactment of this 
Act.
    Sec. 702. Trade Adjustment Assistance. (a) Assistance for Workers.--
Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended--
            (1) in subsection (a), by striking ``June 30, 1999'' and 
        inserting ``September 30, 2001''; and
            (2) in subsection (b), by striking ``June 30, 1999'' and 
        inserting ``September 30, 2001''.

    (b) NAFTA Transitional Program.--Section 250(d)(2) of the Trade Act 
of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``the period 
beginning October 1, 1998, and ending June 30, 1999, shall not exceed 
$15,000,000'' and inserting ``the period beginning October 1, 1998, and 
ending September 30, 2001, shall not exceed $30,000,000 for any fiscal 
year''.
    (c) Adjustment for Firms.--Section 256(b) of the Trade Act of 1974 
(19 U.S.C. 2346(b)) is amended by striking ``June 30, 1999'' and 
inserting ``September 30, 2001''.
    (d) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C. 
2271 note preceding) is amended by striking ``June 30, 1999'' each place 
it appears and inserting ``September 30, 2001''.
    (e) Effective Date.--The amendments made by this section shall be 
effective as of July 1, 1999.

[[Page 113 STAT. 1501A-321]]



                          APPENDIX F--H.R. 3426

SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; REFERENCES TO 
            BBA; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare, Medicaid, 
and SCHIP Balanced Budget Refinement Act of 1999''.
    (b) Amendments to Social Security Act.--Except as otherwise 
specifically provided, whenever in this Act an amendment is expressed in 
terms of an amendment to or repeal of a section or other provision, the 
reference shall be considered to be made to that section or other 
provision of the Social Security Act.
    (c) References to the Balanced Budget Act of 1997.--In this Act, the 
term ``BBA'' means the Balanced Budget Act of 1997 (Public Law 105-33).
    (d) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments to Social Security Act; references to 
           BBA; table of contents.

                 TITLE I--PROVISIONS RELATING TO PART A

 Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities

Sec. 101. Temporary increase in payment for certain high cost patients.
Sec. 102. Authorizing facilities to elect immediate transition to 
           Federal rate.
Sec. 103. Part A pass-through payment for certain ambulance services, 
           prostheses, and chemotherapy drugs.
Sec. 104. Provision for part B add-ons for facilities participating in 
           the NHCMQ demonstration project.
Sec. 105. Special consideration for facilities serving specialized 
           patient populations.
Sec. 106. MedPAC study on special payment for facilities located in 
           Hawaii and Alaska.
Sec. 107. Study and report regarding State licensure and certification 
           standards and respiratory therapy competency examinations.

                        Subtitle B--PPS Hospitals

Sec. 111. Modification in transition for indirect medical education 
           (IME) percentage adjustment.
Sec. 112. Decrease in reductions for disproportionate share hospitals; 
           data collection requirements.

                    Subtitle C--PPS-Exempt Hospitals

Sec. 121. Wage adjustment of percentile cap for PPS-exempt hospitals.
Sec. 122. Enhanced payments for long-term care and psychiatric hospitals 
           until development of prospective payment systems for those 
           hospitals.
Sec. 123. Per discharge prospective payment system for long-term care 
           hospitals.
Sec. 124. Per diem prospective payment system for psychiatric hospitals.
Sec. 125. Refinement of prospective payment system for inpatient 
           rehabilitation services.

                        Subtitle D--Hospice Care

Sec. 131. Temporary increase in payment for hospice care.
Sec. 132. Study and report to Congress regarding modification of the 
           payment rates for hospice care.

[[Page 113 STAT. 1501A-322]]

                      Subtitle E--Other Provisions

Sec. 141. MedPAC study on medicare payment for nonphysician health 
           professional clinical training in hospitals.

                   Subtitle F--Transitional Provisions

Sec. 151. Exception to CMI qualifier for one year.
Sec. 152. Reclassification of certain counties and other areas for 
           purposes of reimbursement under the medicare program.
Sec. 153. Wage index correction.
Sec. 154. Calculation and application of wage index floor for a certain 
           area.
Sec. 155. Special rule for certain skilled nursing facilities.

                 TITLE II--PROVISIONS RELATING TO PART B

                Subtitle A--Hospital Outpatient Services

Sec. 201. Outlier adjustment and transitional pass-through for certain 
           medical devices, drugs, and biologicals.
Sec. 202. Establishing a transitional corridor for application of OPD 
           PPS.
Sec. 203. Study and report to Congress regarding the special treatment 
           of rural and cancer hospitals in prospective payment system 
           for hospital outpatient department services.
Sec. 204. Limitation on outpatient hospital copayment for a procedure to 
           the hospital deductible amount.

                     Subtitle B--Physician Services

Sec. 211. Modification of update adjustment factor provisions to reduce 
           update oscillations and require estimate revisions.
Sec. 212. Use of data collected by organizations and entities in 
           determining practice expense relative values.
Sec. 213. GAO study on resources required to provide safe and effective 
           outpatient cancer therapy.

                       Subtitle C--Other Services

Sec. 221. Revision of provisions relating to therapy services.
Sec. 222. Update in renal dialysis composite rate.
Sec. 223. Implementation of the inherent reasonableness (IR) authority.
Sec. 224. Increase in reimbursement for pap smears.
Sec. 225. Refinement of ambulance services demonstration project.
Sec. 226. Phase-in of PPS for ambulatory surgical centers.
Sec. 227. Extension of medicare benefits for immunosuppressive drugs.
Sec. 228. Temporary increase in payment rates for durable medical 
           equipment and oxygen.
Sec. 229. Studies and reports.

             TITLE III--PROVISIONS RELATING TO PARTS A AND B

                    Subtitle A--Home Health Services

Sec. 301. Adjustment to reflect administrative costs not included in the 
           interim payment system; GAO report on costs of compliance 
           with OASIS data collection requirements.
Sec. 302. Delay in application of 15 percent reduction in payment rates 
           for home health services until one year after implementation 
           of prospective payment system.
Sec. 303. Increase in per beneficiary limits.
Sec. 304. Clarification of surety bond requirements.
Sec. 305. Refinement of home health agency consolidated billing.
Sec. 306. Technical amendment clarifying applicable market basket 
           increase for PPS.
Sec. 307. Study and report to Congress regarding the exemption of rural 
           agencies and populations from inclusion in the home health 
           prospective payment system.

              Subtitle B--Direct Graduate Medical Education

Sec. 311. Use of national average payment methodology in computing 
           direct graduate medical education (DGME) payments.
Sec. 312. Initial residency period for child neurology residency 
           training programs.

                    Subtitle C--Technical Corrections

Sec. 321. BBA technical corrections.

[[Page 113 STAT. 1501A-323]]

                   TITLE IV--RURAL PROVIDER PROVISIONS

                       Subtitle A--Rural Hospitals

Sec. 401. Permitting reclassification of certain urban hospitals as 
           rural hospitals.
Sec. 402. Update of standards applied for geographic reclassification 
           for certain hospitals.
Sec. 403. Improvements in the critical access hospital (CAH) program.
Sec. 404. 5-year extension of medicare dependent hospital (MDH) program.
Sec. 405. Rebasing for certain sole community hospitals.
Sec. 406. One year sole community hospital payment increase.
Sec. 407. Increased flexibility in providing graduate physician training 
           in rural and other areas.
Sec. 408. Elimination of certain restrictions with respect to hospital 
           swing bed program.
Sec. 409. Grant program for rural hospital transition to prospective 
           payment.
Sec. 410. GAO study on geographic reclassification.

                   Subtitle B--Other Rural Provisions

Sec. 411. MedPAC study of rural providers.
Sec. 412. Expansion of access to paramedic intercept services in rural 
           areas.
Sec. 413. Promoting prompt implementation of informatics, telemedicine, 
           and education demonstration project.

  TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND 
                 OTHER MEDICARE MANAGED CARE PROVISIONS

Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries

Sec. 501. Changes in Medicare+Choice enrollment rules.
Sec. 502. Change in effective date of elections and changes of elections 
           of Medicare+Choice plans.
Sec. 503. 2-year extension of medicare cost contracts.

       Subtitle B--Provisions To Facilitate Implementation of the 
                         Medicare+Choice Program

Sec. 511. Phase-in of new risk adjustment methodology; studies and 
           reports on risk adjustment.
Sec. 512. Encouraging offering of Medicare+Choice plans in areas without 
           plans.
Sec. 513. Modification of 5-year re-entry rule for contract 
           terminations.
Sec. 514. Continued computation and publication of medicare original 
           fee-for-service expenditures on a county-specific basis.
Sec. 515. Flexibility to tailor benefits under Medicare+Choice plans.
Sec. 516. Delay in deadline for submission of adjusted community rates.
Sec. 517. Reduction in adjustment in national per capita Medicare+Choice 
           growth percentage for 2002.
Sec. 518. Deeming of Medicare+Choice organization to meet requirements.
Sec. 519. Timing of Medicare+Choice health information fairs.
Sec. 520. Quality assurance requirements for preferred provider 
           organization plans.
Sec. 521. Clarification of nonapplicability of certain provisions of 
           discharge planning process to Medicare+Choice plans.
Sec. 522. User fee for Medicare+Choice organizations based on number of 
           enrolled beneficiaries.
Sec. 523. Clarification regarding the ability of a religious fraternal 
           benefit society to operate any Medicare+Choice plan.
Sec. 524. Rules regarding physician referrals for Medicare+Choice 
           program.

   Subtitle C--Demonstration Projects and Special Medicare Populations

Sec. 531. Extension of social health maintenance organization 
           demonstration (SHMO) project authority.
Sec. 532. Extension of medicare community nursing organization 
           demonstration project.
Sec. 533. Medicare+Choice competitive bidding demonstration project.
Sec. 534. Extension of medicare municipal health services demonstration 
           projects.
Sec. 535. Medicare coordinated care demonstration project.
Sec. 536. Medigap protections for PACE program enrollees.

   Subtitle D--Medicare+Choice Nursing and Allied Health Professional 
                           Education Payments

Sec. 541. Medicare+Choice nursing and allied health professional 
           education payments.

                     Subtitle E--Studies and Reports

Sec. 551. Report on accounting for VA and DOD expenditures for medicare 
           beneficiaries.

[[Page 113 STAT. 1501A-324]]

Sec. 552. Medicare Payment Advisory Commission studies and reports.
Sec. 553. GAO studies, audits, and reports.

                           TITLE VI--MEDICAID

Sec. 601. Increase in DSH allotment for certain States and the District 
           of Columbia.
Sec. 602. Removal of fiscal year limitation on certain transitional 
           administrative costs assistance.
Sec. 603. Modification of the phase-out of payment for Federally-
           qualified health center services and rural health clinic 
           services based on reasonable costs.
Sec. 604. Parity in reimbursement for certain utilization and quality 
           control services; elimination of duplicative requirements for 
           external quality review of medicaid managed care 
           organizations.
Sec. 605. Inapplicability of enhanced match under the State children's 
           health insurance program to medicaid DSH payments.
Sec. 606. Optional deferment of the effective date for outpatient drug 
           agreements.
Sec. 607. Making medicaid DSH transition rule permanent.
Sec. 608. Medicaid technical corrections.

      TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

Sec. 701. Stabilizing the State children's health insurance program 
           allotment formula.
Sec. 702. Increased allotments for territories under the State 
           children's health insurance program.
Sec. 703. Improved data collection and evaluations of the State 
           children's health insurance program.
Sec. 704. References to SCHIP and State children's health insurance 
           program.
Sec. 705. SCHIP technical corrections.

                 TITLE I--PROVISIONS RELATING TO PART A

 Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities

SEC. 101. TEMPORARY INCREASE IN PAYMENT FOR CERTAIN HIGH COST PATIENTS.

    (a) Adjustment for Medically Complex Patients Until Establishment of 
Refined Case-Mix Adjustment.--For purposes of computing payments for 
covered skilled nursing facility services under paragraph (1) of section 
1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) for such 
services furnished on or after April 1, 2000, and before the date 
described in subsection (c), the Secretary of Health and Human Services 
shall increase by 20 percent the adjusted Federal per diem rate 
otherwise determined under paragraph (4) of such section (but for this 
section) for covered skilled nursing facility services for RUG-III 
groups described in subsection (b) furnished to an individual during the 
period in which such individual is classified in such a RUG-III 
category.
    (b) Groups Described.--The RUG-III groups for which the adjustment 
described in subsection (a) applies are SE3, SE2, SE1, SSC, SSB, SSA, 
CC2, CC1, CB2, CB1, CA2, CA1, RHC, RMC, and RMB as specified in Tables 3 
and 4 of the final rule published in the Federal Register by the Health 
Care Financing Administration on July 30, 1999 (64 Fed. Reg. 41684).
    (c) Date Described.--For purposes of subsection (a), the date 
described in this subsection is the later of--
            (1) October 1, 2000; or
            (2) the date on which the Secretary implements a refined 
        case mix classification system under section 1888(e)(4)(G)(i)

[[Page 113 STAT. 1501A-325]]

        of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) to 
        better account for medically complex patients.

    (d) Increase for Fiscal Years 2001 and 2002.--
            (1) In general.--For purposes of computing payments for 
        covered skilled nursing facility services under paragraph (1) of 
        section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) 
        for covered skilled nursing facility services furnished during 
        fiscal years 2001 and 2002, the Secretary of Health and Human 
        Services shall increase by 4.0 percent for each such fiscal year 
        the adjusted Federal per diem rate otherwise determined under 
        paragraph (4) of such section (but for this section).
            (2) Additional payment not built into the base.--The 
        Secretary of Health and Human Services shall not include any 
        additional payment made under this subsection in updating the 
        Federal per diem rate under section 1888(e)(4) of that Act (42 
        U.S.C. 1395yy(e)(4)).

SEC. 102. AUTHORIZING FACILITIES TO ELECT IMMEDIATE TRANSITION TO 
            FEDERAL RATE.

    (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``paragraph (7)'' and inserting ``paragraphs 
        (7) and (11)''; and
            (2) by adding at the end the following new paragraph:
            ``(11) Permitting facilities to waive 3-year transition.--
        Notwithstanding paragraph (1)(A), a facility may elect to have 
        the amount of the payment for all costs of covered skilled 
        nursing facility services for each day of such services 
        furnished in cost reporting periods beginning no earlier than 30 
        days before the date of such election determined pursuant to 
        paragraph (1)(B).''.

    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to elections made on or after December 15, 1999, except that no 
election shall be effective under such amendments for a cost reporting 
period beginning before January 1, 2000.

SEC. 103. PART A PASS-THROUGH PAYMENT FOR CERTAIN AMBULANCE SERVICES, 
            PROSTHESES, AND CHEMOTHERAPY DRUGS.

    (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
            (1) in paragraph (2)(A)(i)(II), by striking ``services 
        described in clause (ii)'' and inserting ``items and services 
        described in clauses (ii) and (iii)'';
            (2) by adding at the end of paragraph (2)(A) the following 
        new clause:
                          ``(iii) Exclusion of certain additional items 
                      and services.--Items and services described in 
                      this clause are the following:
                                    ``(I) Ambulance services furnished 
                                to an individual in conjunction with 
                                renal dialysis services described in 
                                section 1861(s)(2)(F).
                                    ``(II) Chemotherapy items 
                                (identified as of July 1, 1999, by HCPCS 
                                codes J9000-J9020; J9040-J9151; J9170-
                                J9185; J9200-J9201; J9206-J9208; J9211; 
                                J9230-J9245; and J9265-J9600 (and as 
                                subsequently modified by the Secretary)) 
                                and any

[[Page 113 STAT. 1501A-326]]

                                additional chemotherapy items identified 
                                by the Secretary.
                                    ``(III) Chemotherapy administration 
                                services (identified as of July 1, 1999, 
                                by HCPCS codes 36260-36262; 36489; 
                                36530-36535; 36640; 36823; and 96405-
                                96542 (and as subsequently modified by 
                                the Secretary)) and any additional 
                                chemotherapy administration services 
                                identified by the Secretary.
                                    ``(IV) Radioisotope services 
                                (identified as of July 1, 1999, by HCPCS 
                                codes 79030-79440 (and as subsequently 
                                modified by the Secretary)) and any 
                                additional radioisotope services 
                                identified by the Secretary.
                                    ``(V) Customized prosthetic devices 
                                (commonly known as artificial limbs or 
                                components of artificial limbs) under 
                                the following HCPCS codes (as of July 1, 
                                1999 (and as subsequently modified by 
                                the Secretary)), and any additional 
                                customized prosthetic devices identified 
                                by the Secretary, if delivered to an 
                                inpatient for use during the stay in the 
                                skilled nursing facility and intended to 
                                be used by the individual after 
                                discharge from the facility: L5050-
                                L5340; L5500-L5611; L5613-L5986; L5988; 
                                L6050-L6370; L6400-L6880; L6920-L7274; 
                                and L7362-7366.''; and
            (3) by adding at the end of paragraph (9) the following: 
        ``In the case of an item or service described in clause (iii) of 
        paragraph (2)(A) that would be payable under part A but for the 
        exclusion of such item or service under such clause, payment 
        shall be made for the item or service, in an amount otherwise 
        determined under part B of this title for such item or service, 
        from the Federal Hospital Insurance Trust Fund under section 
        1817 (rather than from the Federal Supplementary Medical 
        Insurance Trust Fund under section 1841).''.

    (b) Conforming for Budget Neutrality Beginning With Fiscal Year 
2001.--
            (1) In general.--Section 1888(e)(4)(G) (42 U.S.C. 
        1395yy(e)(4)(G)) is amended by adding at the end the following 
        new clause:
                          ``(iii) Adjustment for exclusion of certain 
                      additional items and services.--The Secretary 
                      shall provide for an appropriate proportional 
                      reduction in payments so that beginning with 
                      fiscal year 2001, the aggregate amount of such 
                      reductions is equal to the aggregate increase in 
                      payments attributable to the exclusion effected 
                      under clause (iii) of paragraph (2)(A).''.
            (2) Conforming amendment.--Section 1888(e)(8)(A) (42 U.S.C. 
        1395yy(e)(8)(A)) is amended by striking ``and adjustments for 
        variations in labor-related costs under paragraph (4)(G)(ii)'' 
        and inserting ``adjustments for variations in labor-related 
        costs under paragraph (4)(G)(ii), and adjustments under 
        paragraph (4)(G)(iii)''.

    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to payments made for items and services furnished on or after 
April 1, 2000.

[[Page 113 STAT. 1501A-327]]

SEC. 104. PROVISION FOR PART B ADD-ONS FOR FACILITIES PARTICIPATING IN 
            THE NHCMQ DEMONSTRATION PROJECT.

    (a) In General.--Section 1888(e)(3) (42 U.S.C. 1395yy(e)(3)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``or, in the case of 
                a facility participating in the Nursing Home Case-Mix 
                and Quality Demonstration (RUGS-III), the RUGS-III rate 
                received by the facility during the cost reporting 
                period beginning in 1997'' after ``to non-settled cost 
                reports''; and
                    (B) in clause (ii), by striking ``furnished during 
                such period'' and inserting ``furnished during the 
                applicable cost reporting period described in clause 
                (i)''; and
            (2) by striking subparagraph (B) and inserting the following 
        new subparagraph:
                    ``(B) Update to first cost reporting period.--The 
                Secretary shall update the amount determined under 
                subparagraph (A), for each cost reporting period after 
                the applicable cost reporting period described in 
                subparagraph (A)(i) and up to the first cost reporting 
                period by a factor equal to the skilled nursing facility 
                market basket percentage increase minus 1.0 percentage 
                point.''.

    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective as if included in the enactment of section 4432(a) of BBA.

SEC. 105. SPECIAL CONSIDERATION FOR FACILITIES SERVING SPECIALIZED 
            PATIENT POPULATIONS.

    (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)), as amended 
by section 102(a)(1), is further amended--
            (1) in paragraph (1), by striking ``subject to paragraphs 
        (7) and (11)'' and inserting ``subject to paragraphs (7), (11), 
        and (12)''; and
            (2) by adding at the end the following new paragraph:
            ``(12) Payment rule for certain facilities.--
                    ``(A) In general.--In the case of a qualified acute 
                skilled nursing facility described in subparagraph (B), 
                the per diem amount of payment shall be determined by 
                applying the non-Federal percentage and Federal 
                percentage specified in paragraph (2)(C)(ii).
                    ``(B) Facility described.--For purposes of 
                subparagraph (A), a qualified acute skilled nursing 
                facility is a facility that--
                          ``(i) was certified by the Secretary as a 
                      skilled nursing facility eligible to furnish 
                      services under this title before July 1, 1992;
                          ``(ii) is a hospital-based facility; and
                          ``(iii) for the cost reporting period 
                      beginning in fiscal year 1998, the facility had 
                      more than 60 percent of total patient days 
                      comprised of patients who are described in 
                      subparagraph (C).
                    ``(C) Description of patients.--For purposes of 
                subparagraph (B), a patient described in this 
                subparagraph is an individual who--
                          ``(i) is entitled to benefits under part A; 
                      and

[[Page 113 STAT. 1501A-328]]

                          ``(ii) is immuno-compromised secondary to an 
                      infectious disease, with specific diagnoses as 
                      specified by the Secretary.''.

    (b) Effective Date.--The amendments made by subsection (a) shall 
apply for the period beginning on the date on which the first cost 
reporting period of the facility begins after the date of the enactment 
of this Act and ending on September 30, 2001, and applies to skilled 
nursing facilities furnishing covered skilled nursing facility services 
on the date of the enactment of this Act for which payment is made under 
title XVIII of the Social Security Act.
    (c) Report to Congress.--Not later than March 1, 2001, the Secretary 
of Health and Human Services shall assess the resource use of patients 
of skilled nursing facilities furnishing services under the medicare 
program who are immuno-compromised secondary to an infectious disease, 
with specific diagnoses as specified by the Secretary (under paragraph 
(12)(C), as added by subsection (a), of section 1888(e) of the Social 
Security Act (42 U.S.C. 1395yy(e))) to determine whether any permanent 
adjustments are needed to the RUGs to take into account the resource 
uses and costs of these patients.

SEC. 106. MEDPAC STUDY ON SPECIAL PAYMENT FOR FACILITIES LOCATED IN 
            HAWAII AND ALASKA.

    (a) In General.--The Medicare Payment Advisory Commission shall 
conduct a study of skilled nursing facilities furnishing covered skilled 
nursing facility services (as defined in section 1888(e)(2)(A) of the 
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)) to determine the need 
for an additional payment amount under section 1888(e)(4)(G) of such Act 
(42 U.S.C. 1395yy(e)(4)(G)) to take into account the unique 
circumstances of skilled nursing facilities located in Alaska and 
Hawaii.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Medicare Payment Advisory Commission shall 
submit a report to Congress on the study conducted under subsection (a).

SEC. 107. STUDY AND REPORT REGARDING STATE LICENSURE AND CERTIFICATION 
            STANDARDS AND RESPIRATORY THERAPY COMPETENCY EXAMINATIONS.

    (a) Study.--The Secretary of Health and Human Services shall conduct 
a study that--
            (1) identifies variations in State licensure and 
        certification standards for health care providers (including 
        nursing and allied health professionals) and other individuals 
        providing respiratory therapy in skilled nursing facilities;
            (2) examines State requirements relating to respiratory 
        therapy competency examinations for such providers and 
        individuals; and
            (3) determines whether regular respiratory therapy 
        competency examinations or certifications should be required 
        under the medicare program under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.) for such providers and 
        individuals.

    (b) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary of Health and Human Services shall submit to 
Congress a report on the results of the study conducted under this 
section, together with any recommendations

[[Page 113 STAT. 1501A-329]]

for legislation that the Secretary determines to be appropriate as a 
result of such study.

                        Subtitle B--PPS Hospitals

SEC. 111. MODIFICATION IN TRANSITION FOR INDIRECT MEDICAL EDUCATION 
            (IME) PERCENTAGE ADJUSTMENT.

    (a) In General.--Section 1886(d)(5)(B)(ii) (42 U.S.C. 
1395ww(d)(5)(B)(ii)) is amended--
            (1) in subclause (IV), by striking ``and'' at the end;
            (2) by redesignating subclause (V) as subclause (VI);
            (3) by inserting after subclause (IV) the following new 
        subclause:
                          ``(V) during fiscal year 2001, `c' is equal to 
                      1.54; and''; and
            (4) in subclause (VI), as so redesignated, by striking 
        ``2000'' and inserting ``2001''.

    (b) Special Payments To Maintain 6.5 Percent IME Payment for Fiscal 
Year 2000.--
            (1) Additional payment.--In addition to payments made to 
        each subsection (d) hospital (as defined in section 
        1886(d)(1)(B) of the Social Security Act (42 U.S.C. 
        1395ww(d)(1)(B)) under section 1886(d)(5)(B) of such Act (42 
        U.S.C. 1395ww(d)(5)(B))) which receives payment for the direct 
        costs of medical education for discharges occurring in fiscal 
        year 2000, the Secretary of Health and Human Services shall make 
        one or more payments to each such hospital in an amount which, 
        as estimated by the Secretary, is equal in the aggregate to the 
        difference between the amount of payments to the hospital under 
        such section for such discharges and the amount of payments that 
        would have been paid under such section for such discharges if 
        ``c'' in clause (ii)(IV) of such section equalled 1.6 rather 
        than 1.47. Additional payments made under this subsection shall 
        be made applying the same structure as applies to payments made 
        under section 1886(d)(5)(B) of such Act.
            (2) No effect on other payments or determinations.--In 
        making such additional payments, the Secretary shall not change 
        payments, determinations, or budget neutrality adjustments made 
        for such period under section 1886(d) of such Act (42 U.S.C. 
        1395ww(d)).

    (c) Conforming Amendment Relating to Determination of Standardized 
Amount.--Section 1886(d)(2)(C)(i) (42 U.S.C. 1395ww(d)(2)(C)(i)) is 
amended by inserting ``or any additional payments under such paragraph 
resulting from the application of section 111 of the Medicare, Medicaid, 
and SCHIP Balanced Budget Refinement Act of 1999'' after ``Balanced 
Budget Act of 1997''.

SEC. 112. DECREASE IN REDUCTIONS FOR DISPROPORTIONATE SHARE HOSPITALS; 
            DATA COLLECTION REQUIREMENTS.

    (a) In General.--Section 1886(d)(5)(F)(ix) (42 U.S.C. 
1395ww(d)(5)(F)(ix)) is amended--
            (1) in subclause (III), by striking ``during fiscal year 
        2000'' and inserting ``during each of fiscal years 2000 and 
        2001'';
            (2) by striking subclause (IV);

[[Page 113 STAT. 1501A-330]]

            (3) by redesignating subclauses (V) and (VI) as subclauses 
        (IV) and (V), respectively; and
            (4) in subclause (IV), as so redesignated, by striking 
        ``reduced by 5 percent'' and inserting ``reduced by 4 percent''.

    (b) Data Collection.--
            (1) In general.--The Secretary of Health and Human Services 
        shall require any subsection (d) hospital (as defined in section 
        1886(d)(1)(B) of the Social Security Act (42 U.S.C. 
        1395ww(d)(1)(B))) to submit to the Secretary, in the cost 
        reports submitted to the Secretary by such hospital for 
        discharges occurring during a fiscal year, data on the costs 
        incurred by the hospital for providing inpatient and outpatient 
        hospital services for which the hospital is not compensated, 
        including non-medicare bad debt, charity care, and charges for 
        medicaid and indigent care.
            (2) Effective date.--The Secretary shall require the 
        submission of the data described in paragraph (1) in cost 
        reports for cost reporting periods beginning on or after October 
        1, 2001.

                    Subtitle C--PPS-Exempt Hospitals

SEC. 121. WAGE ADJUSTMENT OF PERCENTILE CAP FOR PPS-EXEMPT HOSPITALS.

    (a) In General.--Section 1886(b)(3)(H) (42 U.S.C. 1395ww(b)(3)(H)) 
is amended--
            (1) in clause (i), by inserting ``, as adjusted under clause 
        (iii)'' before the period;
            (2) in clause (ii), by striking ``clause (i)'' and ``such 
        clause'' and inserting ``subclause (I)'' and ``such subclause'' 
        respectively;
            (3) by striking ``(H)(i)'' and inserting ``(ii)(I)'';
            (4) by redesignating clauses (ii) and (iii) as subclauses 
        (II) and (III);
            (5) by inserting after clause (ii), as so redesignated, the 
        following new clause:

    ``(iii) In applying clause (ii)(I) in the case of a hospital or 
unit, the Secretary shall provide for an appropriate adjustment to the 
labor-related portion of the amount determined under such subparagraph 
to take into account differences between average wage-related costs in 
the area of the hospital and the national average of such costs within 
the same class of hospital.''; and
            (6) by inserting before clause (ii), as so redesignated, the 
        following new clause:

    ``(H)(i) In the case of a hospital or unit that is within a class of 
hospital described in clause (iv), for a cost reporting period beginning 
during fiscal years 1998 through 2002, the target amount for such a 
hospital or unit may not exceed the amount as updated up to or for such 
cost reporting period under clause (ii).''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
cost reporting periods beginning on or after October 1, 1999.

[[Page 113 STAT. 1501A-331]]

SEC. 122. ENHANCED PAYMENTS FOR LONG-TERM CARE AND PSYCHIATRIC HOSPITALS 
            UNTIL DEVELOPMENT OF PROSPECTIVE PAYMENT SYSTEMS FOR THOSE 
            HOSPITALS.

    Section 1886(b)(2) (42 U.S.C. 1395ww(b)(2)) is amended--
            (1) in subparagraph (A), by striking ``In addition to'' and 
        inserting ``Except as provided in subparagraph (E), in addition 
        to''; and
            (2) by adding at the end the following new subparagraph:

    ``(E)(i) In the case of an eligible hospital that is a hospital or 
unit that is within a class of hospital described in clause (ii) with a 
12-month cost reporting period beginning before the enactment of this 
subparagraph, in determining the amount of the increase under 
subparagraph (A), the Secretary shall substitute for the percentage of 
the target amount applicable under subparagraph (A)(ii)--
            ``(I) for a cost reporting period beginning on or after 
        October 1, 2000, and before September 30, 2001, 1.5 percent; and
            ``(II) for a cost reporting period beginning on or after 
        October 1, 2001, and before September 30, 2002, 2 percent.

    ``(ii) For purposes of clause (i), each of the following shall be 
treated as a separate class of hospital:
            ``(I) Hospitals described in clause (i) of subsection 
        (d)(1)(B) and psychiatric units described in the matter 
        following clause (v) of such subsection.
            ``(II) Hospitals described in clause (iv) of such 
        subsection.''.

SEC. 123. PER DISCHARGE PROSPECTIVE PAYMENT SYSTEM FOR LONG-TERM CARE 
            HOSPITALS.

    (a) Development of System.--
            (1) In general.--The Secretary of Health and Human Services 
        shall develop a per discharge prospective payment system for 
        payment for inpatient hospital services of long-term care 
        hospitals described in section 1886(d)(1)(B)(iv) of the Social 
        Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) under the medicare 
        program. Such system shall include an adequate patient 
        classification system that is based on diagnosis-related groups 
        (DRGs) and that reflects the differences in patient resource use 
        and costs, and shall maintain budget neutrality.
            (2) Collection of data and evaluation.--In developing the 
        system described in paragraph (1), the Secretary may require 
        such long-term care hospitals to submit such information to the 
        Secretary as the Secretary may require to develop the system.

    (b) Report.--Not later than October 1, 2001, the Secretary shall 
submit to the appropriate committees of Congress a report that includes 
a description of the system developed under subsection (a)(1).
    (c) Implementation of Prospective Payment System.--Notwithstanding 
section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)), 
the Secretary shall provide, for cost reporting periods beginning on or 
after October 1, 2002, for payments for inpatient hospital services 
furnished by long-term care hospitals under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.) in accordance with the system 
described in subsection (a).

[[Page 113 STAT. 1501A-332]]

SEC. 124. PER DIEM PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC HOSPITALS.

    (a) Development of System.--
            (1) In general.--The Secretary of Health and Human Services 
        shall develop a per diem prospective payment system for payment 
        for inpatient hospital services of psychiatric hospitals and 
        units (as defined in paragraph (3)) under the medicare program. 
        Such system shall include an adequate patient classification 
        system that reflects the differences in patient resource use and 
        costs among such hospitals and shall maintain budget neutrality.
            (2) Collection of data and evaluation.--In developing the 
        system described in paragraph (1), the Secretary may require 
        such psychiatric hospitals and units to submit such information 
        to the Secretary as the Secretary may require to develop the 
        system.
            (3) Definition.--In this section, the term ``psychiatric 
        hospitals and units'' means a psychiatric hospital described in 
        clause (i) of section 1886(d)(1)(B) of the Social Security Act 
        (42 U.S.C. 1395ww(d)(1)(B)) and psychiatric units described in 
        the matter following clause (v) of such section.

    (b) Report.--Not later than October 1, 2001, the Secretary shall 
submit to the appropriate committees of Congress a report that includes 
a description of the system developed under subsection (a)(1).
    (c) Implementation of Prospective Payment System.--Notwithstanding 
section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)), 
the Secretary shall provide, for cost reporting periods beginning on or 
after October 1, 2002, for payments for inpatient hospital services 
furnished by psychiatric hospitals and units under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) in accordance with the 
prospective payment system established by the Secretary under this 
section in a budget neutral manner.

SEC. 125. REFINEMENT OF PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT 
            REHABILITATION SERVICES.

    (a) Use of Discharge as Payment Unit.--
            (1) In general.--Section 1886(j)(1)(D) (42 U.S.C. 
        1395ww(j)(1)(D)) is amended by striking ``, day of inpatient 
        hospital services, or other unit of payment defined by the 
        Secretary''.
            (2) Conforming amendment to classification.--Section 
        1886(j)(2)(A)(i) (42 U.S.C. 1395ww(j)(2)(A)(i)) is amended to 
        read as follows:
                          ``(i) classes of patient discharges of 
                      rehabilitation facilities by functional-related 
                      groups (each in this subsection referred to as a 
                      `case mix group'), based on impairment, age, 
                      comorbidities, and functional capability of the 
                      patient and such other factors as the Secretary 
                      deems appropriate to improve the explanatory power 
                      of functional independence measure-function 
                      related groups; and''.
            (3) Construction relating to transfer authority.--Section 
        1886(j)(1) (42 U.S.C. 1395ww(j)(1)) is amended by adding at the 
        end the following new subparagraph:
                    ``(E) Construction relating to transfer authority.--
                Nothing in this subsection shall be construed

[[Page 113 STAT. 1501A-333]]

                as preventing the Secretary from providing for an 
                adjustment to payments to take into account the early 
                transfer of a patient from a rehabilitation facility to 
                another site of care.''.

    (b) Study on Impact of Implementation of Prospective Payment 
System.--
            (1) Study.--The Secretary of Health and Human Services shall 
        conduct a study of the impact on utilization and beneficiary 
        access to services of the implementation of the medicare 
        prospective payment system for inpatient hospital services or 
        rehabilitation facilities under section 1886(j) of the Social 
        Security Act (42 U.S.C. 1395ww(j)).
            (2) Report.--Not later than 3 years after the date such 
        system is first implemented, the Secretary shall submit to 
        Congress a report on such study.

    (c) Effective Date.--The amendments made by subsection (a) are 
effective as if included in the enactment of section 4421(a) of BBA.

                        Subtitle D--Hospice Care

SEC. 131. TEMPORARY INCREASE IN PAYMENT FOR HOSPICE CARE.

    (a) Increase for Fiscal Years 2001 and 2002.--For purposes of 
payments under section 1814(i)(1)(C) of the Social Security Act (42 
U.S.C. 1395f(i)(1)(C)) for hospice care furnished during fiscal years 
2001 and 2002, the Secretary of Health and Human Services shall increase 
the payment rate in effect (but for this section) for--
            (1) fiscal year 2001, by 0.5 percent, and
            (2) fiscal year 2002, by 0.75 percent.

    (b) Additional Payment Not Built Into the Base.--The Secretary of 
Health and Human Services shall not include any additional payment made 
under this subsection (a) in updating the payment rate, as increased by 
the applicable market basket percentage increase for the fiscal year 
involved under section 1814(i)(1)(C)(ii) of that Act (42 U.S.C. 
1395f(i)(1)(C)(ii)).

SEC. 132. STUDY AND REPORT TO CONGRESS REGARDING MODIFICATION OF THE 
            PAYMENT RATES FOR HOSPICE CARE.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to determine the feasibility and advisability of 
updating the payment rates and the cap amount determined with respect to 
a fiscal year under section 1814(i) of the Social Security Act (42 
U.S.C. 1395f(i)) for routine home care and other services included in 
hospice care. Such study shall examine the cost factors used to 
determine such rates and such amount and shall evaluate whether such 
factors should be modified, eliminated, or supplemented with additional 
cost factors.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on the study conducted under subsection (a), together 
with any recommendations for legislation that the Comptroller General 
determines to be appropriate as a result of such study.

[[Page 113 STAT. 1501A-334]]

                      Subtitle E--Other Provisions

SEC. 141. MEDPAC STUDY ON MEDICARE PAYMENT FOR NONPHYSICIAN HEALTH 
            PROFESSIONAL CLINICAL TRAINING IN HOSPITALS.

    (a) In General.--The Medicare Payment Advisory Commission shall 
conduct a study of medicare payment policy with respect to professional 
clinical training of different classes of nonphysician health care 
professionals (such as nurses, nurse practitioners, allied health 
professionals, physician assistants, and psychologists) and the basis 
for any differences in treatment among such classes.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit a report to Congress 
on the study conducted under subsection (a).

                   Subtitle F--Transitional Provisions

SEC. 151. EXCEPTION TO CMI QUALIFIER FOR ONE YEAR.

    Notwithstanding any other provision of law, for purposes of fiscal 
year 2000, the Northwest Mississippi Regional Medical Center located in 
Clarksdale, Mississippi shall be deemed to have satisfied the case mix 
index criteria under section 1886(d)(5)(C)(ii) of the Social Security 
Act (42 U.S.C. 1395ww(d)(5)(C)(ii)) for classification as a rural 
referral center.

SEC. 152. RECLASSIFICATION OF CERTAIN COUNTIES AND AREAS FOR PURPOSES OF 
            REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

    (a) Fiscal Year 2000.--Notwithstanding any other provision of law, 
effective for discharges occurring during fiscal year 2000, for purposes 
of making payments under section 1886(d) of the Social Security Act (42 
U.S.C. 1395ww(d))--
            (1) to hospitals in Iredell County, North Carolina, such 
        county is deemed to be located in the Charlotte-Gastonia-Rock 
        Hill, North Carolina-South Carolina Metropolitan Statistical 
        Area;
            (2) to hospitals in Orange County, New York, the large urban 
        area of New York, New York is deemed to include such county;
            (3) to hospitals in Lake County, Indiana, and to hospitals 
        in Lee County, Illinois, such counties are deemed to be located 
        in the Chicago, Illinois Metropolitan Statistical Area;
            (4) to hospitals in Hamilton-Middletown, Ohio, Hamilton-
        Middletown, Ohio, is deemed to be located in the Cincinnati, 
        Ohio-Kentucky-Indiana Metropolitan Statistical Area;
            (5) to hospitals in Brazoria County, Texas, such county is 
        deemed to be located in the Houston, Texas Metropolitan 
        Statistical Area; and
            (6) to hospitals in Chittenden County, Vermont, such county 
        is deemed to be located in the Boston-Worcester-Lawrence-Lowell-
        Brockton, Massachusetts-New Hampshire Metropolitan Statistical 
        Area.

    (b) Fiscal Year 2001.--Notwithstanding any other provision of law, 
effective for discharges occurring during fiscal year 2001,

[[Page 113 STAT. 1501A-335]]

for purposes of making payments under section 1886(d) of the Social 
Security Act (42 U.S.C. 1395ww(d))--
            (1) Iredell County, North Carolina is deemed to be located 
        in the Charlotte-Gastonia-Rock Hill, North Carolina-South 
        Carolina Metropolitan Statistical Area;
            (2) the large urban area of New York, New York is deemed to 
        include Orange County, New York;
            (3) Lake County, Indiana, and Lee County, Illinois, are 
        deemed to be located in the Chicago, Illinois Metropolitan 
        Statistical Area;
            (4) Hamilton-Middletown, Ohio, is deemed to be located in 
        the Cincinnati, Ohio-Kentucky-Indiana Metropolitan Statistical 
        Area;
            (5) Brazoria County, Texas, is deemed to be located in the 
        Houston, Texas Metropolitan Statistical Area; and
            (6) Chittenden County, Vermont is deemed to be located in 
        the Boston-Worcester-Lawrence-Lowell-Brockton, Massachusetts-New 
        Hampshire Metropolitan Statistical Area.

For purposes of that section, any reclassification under this subsection 
shall be treated as a decision of the Medicare Geographic Classification 
Review Board under paragraph (10) of that section.

SEC. 153. WAGE INDEX CORRECTION.

    Notwithstanding any other provision of section 1886(d) of the Social 
Security Act (42 U.S.C. 1395ww(d)), the Secretary of Health and Human 
Services shall calculate and apply the Hattiesburg, Mississippi 
Metropolitan Statistical Area wage index under that section for 
discharges occurring during fiscal year 2000 using fiscal year 1996 wage 
and hour data for Wesley Medical Center for purposes of payment under 
that section for that fiscal year. Such recalculation shall not affect 
the wage index for any other area.

SEC. 154. CALCULATION AND APPLICATION OF WAGE INDEX FLOOR FOR A CERTAIN 
            AREA.

    (a) Fiscal Year 2000.--Notwithstanding any other provision of 
section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), for 
discharges occurring during fiscal year 2000, the Secretary of Health 
and Human Services shall calculate and apply the wage index for the 
Allentown-Bethlehem-Easton Metropolitan Statistical Area under that 
section as if the Lehigh Valley Hospital were classified in such area 
for purposes of payment under that section for such fiscal year. Such 
recalculation shall not affect the wage index for any other area.
    (b) Fiscal Year 2001.--Notwithstanding any other provision of 
section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), in 
calculating and applying the wage indices under that section for 
discharges occurring during fiscal year 2001, Lehigh Valley Hospital 
shall be treated as being classified in the Allentown-Bethlehem-Easton 
Metropolitan Statistical Area.

SEC. 155. SPECIAL RULE FOR CERTAIN SKILLED NURSING FACILITIES.

    (a) In General.--Notwithstanding any provision of section 1888(e) of 
the Social Security Act (42 U.S.C. 1395yy(e)), for the cost reporting 
period beginning in fiscal year 2000 and for the cost reporting period 
beginning in fiscal year 2001, if a skilled nursing facility which meets 
the criteria described in subsection (b) elects to be paid in accordance 
with subsection (c), the Secretary of Health and Human Services shall 
establish a per diem payment

[[Page 113 STAT. 1501A-336]]

amount for such facility according to the methodology described in 
subsection (c) for such cost reporting periods in lieu of the payment 
amount that would otherwise be established for such facility under 
section 1888(e)(1) of such Act (42 U.S.C. 1395yy(e)(1)).
    (b) Facility Eligibility Criteria.--For purposes of this subsection, 
a skilled nursing facility is one--
            (1) that began participation in the Medicare program under 
        title XVIII of the Social Security Act before January 1, 1995;
            (2) for which at least 80 percent of the total inpatient 
        days of the facility in the cost reporting period beginning in 
        fiscal year 1998 were comprised of individuals entitled to 
        benefits under such title; and
            (3) that is located in Baldwin or Mobile County, Alabama.

    (c) Determination of Per Diem Amount.--For purposes of subsection 
(a), the per diem payment amount shall be equal to 100 percent of the 
amount determined under section 1888(e)(3) of the Social Security Act 
(42 U.S.C. 1395yy(e)(3)) except that, in determining such amount, the 
Secretary shall--
            (1) substitute the allowable costs of the facility for the 
        cost reporting period beginning in fiscal year 1998 for those 
        allowable costs of the cost reporting period beginning in fiscal 
        year 1995; and
            (2) exclude the update to the first cost reporting period 
        (from fiscal year 1995 to fiscal year 1998) described in section 
        1888(e)(3)(B)(i) of such Act (42 U.S.C. 1395yy(e)(3)(B)(i)).

                 TITLE II--PROVISIONS RELATING TO PART B

                Subtitle A--Hospital Outpatient Services

SEC. 201. OUTLIER ADJUSTMENT AND TRANSITIONAL PASS-THROUGH FOR CERTAIN 
            MEDICAL DEVICES, DRUGS, AND BIOLOGICALS.

    (a) Outlier Adjustment.--Section 1833(t) (42 U.S.C. 1395l(t)) is 
amended--
            (1) by redesignating paragraphs (5) through (9) as 
        paragraphs (7) through (11), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Outlier adjustment.--
                    ``(A) In general.--Subject to subparagraph (D), the 
                Secretary shall provide for an additional payment for 
                each covered OPD service (or group of services) for 
                which a hospital's charges, adjusted to cost, exceed--
                          ``(i) a fixed multiple of the sum of--
                                    ``(I) the applicable medicare OPD 
                                fee schedule amount determined under 
                                paragraph (3)(D), as adjusted under 
                                paragraph (4)(A) (other than for 
                                adjustments under this paragraph or 
                                paragraph (6)); and
                                    ``(II) any transitional pass-through 
                                payment under paragraph (6); and
                          ``(ii) at the option of the Secretary, such 
                      fixed dollar amount as the Secretary may 
                      establish.

[[Page 113 STAT. 1501A-337]]

                    ``(B) Amount of adjustment.--The amount of the 
                additional payment under subparagraph (A) shall be 
                determined by the Secretary and shall approximate the 
                marginal cost of care beyond the applicable cutoff point 
                under such subparagraph.
                    ``(C) Limit on aggregate outlier adjustments.--
                          ``(i) In general.--The total of the additional 
                      payments made under this paragraph for covered OPD 
                      services furnished in a year (as estimated by the 
                      Secretary before the beginning of the year) may 
                      not exceed the applicable percentage (specified in 
                      clause (ii)) of the total program payments 
                      estimated to be made under this subsection for all 
                      covered OPD services furnished in that year. If 
                      this paragraph is first applied to less than a 
                      full year, the previous sentence shall apply only 
                      to the portion of such year.
                          ``(ii) Applicable percentage.--For purposes of 
                      clause (i), the term `applicable percentage' means 
                      a percentage specified by the Secretary up to (but 
                      not to exceed)--
                                    ``(I) for a year (or portion of a 
                                year) before 2004, 2.5 percent; and
                                    ``(II) for 2004 and thereafter, 3.0 
                                percent.
                    ``(D) Transitional authority.--In applying 
                subparagraph (A) for covered OPD services furnished 
                before January 1, 2002, the Secretary may--
                          ``(i) apply such subparagraph to a bill for 
                      such services related to an outpatient encounter 
                      (rather than for a specific service or group of 
                      services) using OPD fee schedule amounts and 
                      transitional pass-through payments covered under 
                      the bill; and
                          ``(ii) use an appropriate cost-to-charge ratio 
                      for the hospital involved (as determined by the 
                      Secretary), rather than for specific departments 
                      within the hospital.''.

    (b) Transitional Pass-Through for Additional Costs of Innovative 
Medical Devices, Drugs, and Biologicals.--Such section is further 
amended by inserting after paragraph (5) the following new paragraph:
            ``(6) Transitional pass-through for additional costs of 
        innovative medical devices, drugs, and biologicals.--
                    ``(A) In general.--The Secretary shall provide for 
                an additional payment under this paragraph for any of 
                the following that are provided as part of a covered OPD 
                service (or group of services):
                          ``(i) Current orphan drugs.--A drug or 
                      biological that is used for a rare disease or 
                      condition with respect to which the drug or 
                      biological has been designated as an orphan drug 
                      under section 526 of the Federal Food, Drug and 
                      Cosmetic Act if payment for the drug or biological 
                      as an outpatient hospital service under this part 
                      was being made on the first date that the system 
                      under this subsection is implemented.
                          ``(ii) Current cancer therapy drugs and 
                      biologicals and brachytherapy.--A drug or 
                      biological that is used in cancer therapy, 
                      including (but not limited to) a chemotherapeutic 
                      agent, an

[[Page 113 STAT. 1501A-338]]

                      antiemetic, a hematopoietic growth factor, a 
                      colony stimulating factor, a biological response 
                      modifier, a bisphosphonate, and a device of 
                      brachytherapy, if payment for such drug, 
                      biological, or device as an outpatient hospital 
                      service under this part was being made on such 
                      first date.
                          ``(iii) Current radiopharmaceutical drugs and 
                      biological products.--A radiopharmaceutical drug 
                      or biological product used in diagnostic, 
                      monitoring, and therapeutic nuclear medicine 
                      procedures if payment for the drug or biological 
                      as an outpatient hospital service under this part 
                      was being made on such first date.
                          ``(iv) New medical devices, drugs, and 
                      biologicals.--A medical device, drug, or 
                      biological not described in clause (i), (ii), or 
                      (iii) if--
                                    ``(I) payment for the device, drug, 
                                or biological as an outpatient hospital 
                                service under this part was not being 
                                made as of December 31, 1996; and
                                    ``(II) the cost of the device, drug, 
                                or biological is not insignificant in 
                                relation to the OPD fee schedule amount 
                                (as calculated under paragraph (3)(D)) 
                                payable for the service (or group of 
                                services) involved.
                    ``(B) Limited period of payment.--The payment under 
                this paragraph with respect to a medical device, drug, 
                or biological shall only apply during a period of at 
                least 2 years, but not more than 3 years, that begins--
                          ``(i) on the first date this subsection is 
                      implemented in the case of a drug, biological, or 
                      device described in clause (i), (ii), or (iii) of 
                      subparagraph (A) and in the case of a device, 
                      drug, or biological described in subparagraph 
                      (A)(iv) and for which payment under this part is 
                      made as an outpatient hospital service before such 
                      first date; or
                          ``(ii) in the case of a device, drug, or 
                      biological described in subparagraph (A)(iv) not 
                      described in clause (i), on the first date on 
                      which payment is made under this part for the 
                      device, drug, or biological as an outpatient 
                      hospital service.
                    ``(C) Amount of additional payment.--Subject to 
                subparagraph (D)(iii), the amount of the payment under 
                this paragraph with respect to a device, drug, or 
                biological provided as part of a covered OPD service 
                is--
                          ``(i) in the case of a drug or biological, the 
                      amount by which the amount determined under 
                      section 1842(o) for the drug or biological exceeds 
                      the portion of the otherwise applicable medicare 
                      OPD fee schedule that the Secretary determines is 
                      associated with the drug or biological; or
                          ``(ii) in the case of a medical device, the 
                      amount by which the hospital's charges for the 
                      device, adjusted to cost, exceeds the portion of 
                      the otherwise applicable medicare OPD fee schedule 
                      that the Secretary determines is associated with 
                      the device.
                    ``(D) Limit on aggregate annual adjustment.--

[[Page 113 STAT. 1501A-339]]

                          ``(i) In general.--The total of the additional 
                      payments made under this paragraph for covered OPD 
                      services furnished in a year (as estimated by the 
                      Secretary before the beginning of the year) may 
                      not exceed the applicable percentage (specified in 
                      clause (ii)) of the total program payments 
                      estimated to be made under this subsection for all 
                      covered OPD services furnished in that year. If 
                      this paragraph is first applied to less than a 
                      full year, the previous sentence shall apply only 
                      to the portion of such year.
                          ``(ii) Applicable percentage.--For purposes of 
                      clause (i), the term `applicable percentage' 
                      means--
                                    ``(I) for a year (or portion of a 
                                year) before 2004, 2.5 percent; and
                                    ``(II) for 2004 and thereafter, a 
                                percentage specified by the Secretary up 
                                to (but not to exceed) 2.0 percent.
                          ``(iii) Uniform prospective reduction if 
                      aggregate limit projected to be exceeded.--If the 
                      Secretary estimates before the beginning of a year 
                      that the amount of the additional payments under 
                      this paragraph for the year (or portion thereof) 
                      as determined under clause (i) without regard to 
                      this clause will exceed the limit established 
                      under such clause, the Secretary shall reduce pro 
                      rata the amount of each of the additional payments 
                      under this paragraph for that year (or portion 
                      thereof) in order to ensure that the aggregate 
                      additional payments under this paragraph (as so 
                      estimated) do not exceed such limit.''.

    (c) Application of New Adjustments on a Budget Neutral Basis.--
Section 1833(t)(2)(E) (42 U.S.C. 1395l(t)(2)(E)) is amended by striking 
``other adjustments, in a budget neutral manner, as determined to be 
necessary to ensure equitable payments, such as outlier adjustments or'' 
and inserting ``, in a budget neutral manner, outlier adjustments under 
paragraph (5) and transitional pass-through payments under paragraph (6) 
and other adjustments as determined to be necessary to ensure equitable 
payments, such as''.
    (d) Limitation on Judicial Review for New Adjustments.--Section 
1833(t)(11), as redesignated by subsection (a)(1), is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) the determination of the fixed multiple, or a 
                fixed dollar cutoff amount, the marginal cost of care, 
                or applicable percentage under paragraph (5) or the 
                determination of insignificance of cost, the duration of 
                the additional payments (consistent with paragraph 
                (6)(B)), the portion of the medicare OPD fee schedule 
                amount associated with particular devices, drugs, or 
                biologicals, and the application of any pro rata 
                reduction under paragraph (6).''.

    (e) Inclusion of Certain Implantable Items Under System.--
            (1) In general.--Section 1833(t) (42 U.S.C. 1395l(t)) is 
        amended--

[[Page 113 STAT. 1501A-340]]

                    (A) in paragraph (1)(B)(ii), by striking ``clause 
                (iii)'' and inserting ``clause (iv)'' and by striking 
                ``but'';
                    (B) by redesignating clause (iii) of paragraph 
                (1)(B) as clause (iv) and inserting after clause (ii) of 
                such paragraph the following new clause:
                          ``(iii) includes implantable items described 
                      in paragraph (3), (6), or (8) of section 1861(s); 
                      but''; and
                    (C) in paragraph (2)(B), by inserting after 
                ``resources'' the following: ``and so that an 
                implantable item is classified to the group that 
                includes the service to which the item relates''.
            (2) Conforming amendment.--(A) Section 1834(a)(13) (42 
        U.S.C. 1395m(a)(13)) is amended by striking ``1861(m)(5))'' and 
        inserting ``1861(m)(5), but not including implantable items for 
        which payment may be made under section 1833(t)''.
            (B) Section 1834(h)(4)(B) (42 U.S.C. 1395m(h)(4)(B)) is 
        amended by inserting before the semicolon the following: ``and 
        does not include an implantable item for which payment may be 
        made under section 1833(t)''.

    (f) Authorizing Payment Weights Based on Mean Hospital Costs.--
Section 1833(t)(2)(C) (42 U.S.C. 1395l(t)(2)(C)) is amended by inserting 
``(or, at the election of the Secretary, mean)'' after ``median''.
    (g) Limiting Variation of Costs of Services Classified With a 
Group.--Section 1833(t)(2) (42 U.S.C. 1395l(t)(2)) is amended by adding 
at the end the following new flush sentence:
        ``For purposes of subparagraph (B), items and services within a 
        group shall not be treated as `comparable with respect to the 
        use of resources' if the highest median cost (or mean cost, if 
        elected by the Secretary under subparagraph (C)) for an item or 
        service within the group is more than 2 times greater than the 
        lowest median cost (or mean cost, if so elected) for an item or 
        service within the group; except that the Secretary may make 
        exceptions in unusual cases, such as low volume items and 
        services, but may not make such an exception in the case of a 
        drug or biological that has been designated as an orphan drug 
        under section 526 of the Federal Food, Drug and Cosmetic Act.''.

    (h) Annual Review of OPD PPS Components.--
            (1) In general.--Section 1833(t)(8)(A) (42 U.S.C. 
        1395l(t)(8)(A)), as redesignated by subsection (a), is amended--
                    (A) by striking ``may periodically review'' and 
                inserting ``shall review not less often than annually''; 
                and
                    (B) by adding at the end the following: ``The 
                Secretary shall consult with an expert outside advisory 
                panel composed of an appropriate selection of 
                representatives of providers to review (and advise the 
                Secretary concerning) the clinical integrity of the 
                groups and weights. Such panel may use data collected or 
                developed by entities and organizations (other than the 
                Department of Health and Human Services) in conducting 
                such review.''.
            (2) Effective dates.--The Secretary of Health and Human 
        Services shall first conduct the annual review under the 
        amendment made by paragraph (1)(A) in 2001 for application in 
        2002 and the amendment made by paragraph (1)(B) takes effect on 
        the date of the enactment of this Act.

[[Page 113 STAT. 1501A-341]]

    (i) No Impact on Copayment.--Section 1833(t)(7) (42 U.S.C. 
1395l(t)(7)), as redesignated by subsection (a), is amended by adding at 
the end the following new subparagraph:
                    ``(D) Computation ignoring outlier and pass-through 
                adjustments.--The copayment amount shall be computed 
                under subparagraph (A) as if the adjustments under 
                paragraphs (5) and (6) (and any adjustment made under 
                paragraph (2)(E) in relation to such adjustments) had 
                not occurred.''.

    (j) Technical Correction in Reference Relating to Hospital-Based 
Ambulance Services.--Section 1833(t)(9) (42 U.S.C. 1395l(t)(9)), as 
redesignated by subsection (a), is amended by striking ``the matter in 
subsection (a)(1) preceding subparagraph (A)'' and inserting ``section 
1861(v)(1)(U)''.
    (k) Extension of Payment Provisions of Section 4522 of BBA Until 
Implementation of PPS.--Section 1861(v)(1)(S)(ii) (42 U.S.C. 
1395x(v)(1)(S)(ii)) is amended in subclauses (I) and (II) by striking 
``and during fiscal year 2000 before January 1, 2000'' and inserting 
``and until the first date that the prospective payment system under 
section 1833(t) is implemented'' each place it appears.
    (l) Congressional Intention Regarding Base Amounts in Applying the 
HOPD PPS.--With respect to determining the amount of copayments 
described in paragraph (3)(A)(ii) of section 1833(t) of the Social 
Security Act, as added by section 4523(a) of BBA, Congress finds that 
such amount should be determined without regard to such section, in a 
budget neutral manner with respect to aggregate payments to hospitals, 
and that the Secretary of Health and Human Services has the authority to 
determine such amount without regard to such section.
    (m) Effective Date.--Except as provided in this section, the 
amendments made by this section shall be effective as if included in the 
enactment of BBA.
    (n) Study of Delivery of Intravenous Immune Globulin (IVIG) Outside 
Hospitals and Physicians' Offices.--
            (1) Study.--The Secretary of Health and Human Services shall 
        conduct a study of the extent to which intravenous immune 
        globulin (IVIG) could be delivered and reimbursed under the 
        medicare program outside of a hospital or physician's office. In 
        conducting the study, the Secretary shall--
                    (A) consider the sites of service that other payors, 
                including Medicare+Choice plans, use for these drugs and 
                biologicals;
                    (B) determine whether covering the delivery of these 
                drugs and biologicals in a medicare patient's home 
                raises any additional safety and health concerns for the 
                patient;
                    (C) determine whether covering the delivery of these 
                drugs and biologicals in a patient's home can reduce 
                overall spending under the medicare program; and
                    (D) determine whether changing the site of setting 
                for these services would affect beneficiary access to 
                care.
            (2) Report.--The Secretary shall submit a report on such 
        study to the Committees on Ways and Means and Commerce of the 
        House of Representatives and the Committee on Finance of the 
        Senate within 18 months after the date of the enactment of this 
        Act. The Secretary shall include in the report recommendations 
        regarding the appropriate manner and settings under which the 
        medicare program should pay for these drugs

[[Page 113 STAT. 1501A-342]]

        and biologicals delivered outside of a hospital or physician's 
        office.

SEC. 202. ESTABLISHING A TRANSITIONAL CORRIDOR FOR APPLICATION OF OPD 
            PPS.

    (a) In General.--Section 1833(t) (42 U.S.C. 1395l(t)), as amended by 
section 201(a), is further amended--
            (1) in paragraph (4), in the matter before subparagraph (A), 
        by inserting ``, subject to paragraph (7),'' after ``is 
        determined''; and
            (2) by redesignating paragraphs (7) through (11) as 
        paragraphs (8) through (12), respectively; and
            (3) by inserting after paragraph (6), as inserted by section 
        201(b), the following new paragraph:
            ``(7) Transitional adjustment to limit decline in payment.--
                    ``(A) Before 2002.--Subject to subparagraph (D), for 
                covered OPD services furnished before January 1, 2002, 
                for which the PPS amount (as defined in subparagraph 
                (E)) is--
                          ``(i) at least 90 percent, but less than 100 
                      percent, of the pre-BBA amount (as defined in 
                      subparagraph (F)), the amount of payment under 
                      this subsection shall be increased by 80 percent 
                      of the amount of such difference;
                          ``(ii) at least 80 percent, but less than 90 
                      percent, of the pre-BBA amount, the amount of 
                      payment under this subsection shall be increased 
                      by the amount by which (I) the product of 0.71 and 
                      the pre-BBA amount, exceeds (II) the product of 
                      0.70 and the PPS amount;
                          ``(iii) at least 70 percent, but less than 80 
                      percent, of the pre-BBA amount, the amount of 
                      payment under this subsection shall be increased 
                      by the amount by which (I) the product of 0.63 and 
                      the pre-BBA amount, exceeds (II) the product of 
                      0.60 and the PPS amount; or
                          ``(iv) less than 70 percent of the pre-BBA 
                      amount, the amount of payment under this 
                      subsection shall be increased by 21 percent of the 
                      pre-BBA amount.
                    ``(B) 2002.--Subject to subparagraph (D), for 
                covered OPD services furnished during 2002, for which 
                the PPS amount is--
                          ``(i) at least 90 percent, but less than 100 
                      percent, of the pre-BBA amount, the amount of 
                      payment under this subsection shall be increased 
                      by 70 percent of the amount of such difference;
                          ``(ii) at least 80 percent, but less than 90 
                      percent, of the pre-BBA amount, the amount of 
                      payment under this subsection shall be increased 
                      by the amount by which (I) the product of 0.61 and 
                      the pre-BBA amount, exceeds (II) the product of 
                      0.60 and the PPS amount; or
                          ``(iii) less than 80 percent of the pre-BBA 
                      amount, the amount of payment under this 
                      subsection shall be increased by 13 percent of the 
                      pre-BBA amount.

[[Page 113 STAT. 1501A-343]]

                    ``(C) 2003.--Subject to subparagraph (D), for 
                covered OPD services furnished during 2003, for which 
                the PPS amount is--
                          ``(i) at least 90 percent, but less than 100 
                      percent, of the pre-BBA amount, the amount of 
                      payment under this subsection shall be increased 
                      by 60 percent of the amount of such difference; or
                          ``(ii) less than 90 percent of the pre-BBA 
                      amount, the amount of payment under this 
                      subsection shall be increased by 6 percent of the 
                      pre-BBA amount.
                    ``(D) Hold harmless provisions.--
                          ``(i) Temporary treatment for small rural 
                      hospitals.--In the case of a hospital located in a 
                      rural area and that has not more than 100 beds, 
                      for covered OPD services furnished before January 
                      1, 2004, for which the PPS amount is less than the 
                      pre-BBA amount, the amount of payment under this 
                      subsection shall be increased by the amount of 
                      such difference.
                          ``(ii) Permanent treatment for cancer 
                      hospitals.--In the case of a hospital described in 
                      section 1886(d)(1)(B)(v), for covered OPD services 
                      for which the PPS amount is less than the pre-BBA 
                      amount, the amount of payment under this 
                      subsection shall be increased by the amount of 
                      such difference.
                    ``(E) PPS amount defined.--In this paragraph, the 
                term `PPS amount' means, with respect to covered OPD 
                services, the amount payable under this title for such 
                services (determined without regard to this paragraph), 
                including amounts payable as copayment under paragraph 
                (8), coinsurance under section 1866(a)(2)(A)(ii), and 
                the deductible under section 1833(b).
                    ``(F) Pre-BBA amount defined.--
                          ``(i) In general.--In this paragraph, the 
                      `pre-BBA amount' means, with respect to covered 
                      OPD services furnished by a hospital in a year, an 
                      amount equal to the product of the reasonable cost 
                      of the hospital for such services for the portions 
                      of the hospital's cost reporting period (or 
                      periods) occurring in the year and the base OPD 
                      payment-to-cost ratio for the hospital (as defined 
                      in clause (ii)).
                          ``(ii) Base payment-to-cost-ratio defined.--
                      For purposes of this subparagraph, the `base 
                      payment-to-cost ratio' for a hospital means the 
                      ratio of--
                                    ``(I) the hospital's reimbursement 
                                under this part for covered OPD services 
                                furnished during the cost reporting 
                                period ending in 1996, including any 
                                reimbursement for such services through 
                                cost-sharing described in subparagraph 
                                (E), to
                                    ``(II) the reasonable cost of such 
                                services for such period.
                      The Secretary shall determine such ratios as if 
                      the amendments made by section 4521 of the 
                      Balanced Budget Act of 1997 were in effect in 
                      1996.
                    ``(G) Interim payments.--The Secretary shall make 
                payments under this paragraph to hospitals on an interim 
                basis, subject to retrospective adjustments based on 
                settled cost reports.

[[Page 113 STAT. 1501A-344]]

                    ``(H) No effect on copayments.--Nothing in this 
                paragraph shall be construed to affect the unadjusted 
                copayment amount described in paragraph (3)(B) or the 
                copayment amount under paragraph (8).
                    ``(I) Application without regard to budget 
                neutrality.--The additional payments made under this 
                paragraph--
                          ``(i) shall not be considered an adjustment 
                      under paragraph (2)(E); and
                          ``(ii) shall not be implemented in a budget 
                      neutral manner.''.

    (b) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of BBA.

SEC. 203. STUDY AND REPORT TO CONGRESS REGARDING THE SPECIAL TREATMENT 
            OF RURAL AND CANCER HOSPITALS IN PROSPECTIVE PAYMENT SYSTEM 
            FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES.

    (a) Study.--
            (1) In general.--The Medicare Payment Advisory Commission 
        (referred to in this section as ``MedPAC'') shall conduct a 
        study to determine the appropriateness (and the appropriate 
        method) of providing payments to hospitals described in 
        paragraph (2) for covered OPD services (as defined in paragraph 
        (1)(B) of section 1833(t) of the Social Security Act (42 U.S.C. 
        1395l(t))) based on the prospective payment system established 
        by the Secretary in accordance with such section.
            (2) Hospitals described.--The hospitals described in this 
        paragraph are the following:
                    (A) A medicare-dependent, small rural hospital (as 
                defined in section 1886(d)(5)(G)(iv) of the Social 
                Security Act (42 U.S.C. 1395ww(d)(5)(G)(iv))).
                    (B) A sole community hospital (as defined in section 
                1886(d)(5)(D)(iii) of such Act (42 U.S.C. 
                1395ww(d)(5)(D)(iii))).
                    (C) Rural health clinics (as defined in section 
                1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2)).
                    (D) Rural referral centers (as so classified under 
                section 1886(d)(5)(C) of such Act (42 U.S.C. 
                1395ww(d)(5)(C)).
                    (E) Any other rural hospital with not more than 100 
                beds.
                    (F) Any other rural hospital that the Secretary 
                determines appropriate.
                    (G) A hospital described in section 1886(d)(1)(B)(v) 
                of such Act (42 U.S.C. 1395ww(d)(1)(B)(v)).

    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, MedPAC shall submit a report to the Secretary of Health and 
Human Services and Congress on the study conducted under subsection (a), 
together with any recommendations for legislation that MedPAC determines 
to be appropriate as a result of such study.
    (c) Comments.--Not later than 60 days after the date on which MedPAC 
submits the report under subsection (b) to the Secretary of Health and 
Human Services, the Secretary shall submit comments on such report to 
Congress.

[[Page 113 STAT. 1501A-345]]

SEC. 204. LIMITATION ON OUTPATIENT HOSPITAL COPAYMENT FOR A PROCEDURE TO 
            THE HOSPITAL DEDUCTIBLE AMOUNT.

    (a) In General.--Section 1833(t)(8) (42 U.S.C. 1395l(t)(8)), as 
redesignated by sections 201(a)(1) and 202(a)(2), is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' 
        and inserting ``subparagraphs (B) and (C)'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Limiting copayment amount to inpatient 
                hospital deductible amount.--In no case shall the 
                copayment amount for a procedure performed in a year 
                exceed the amount of the inpatient hospital deductible 
                established under section 1813(b) for that year.''.

    (b) Increase in Payment To Reflect Reduction in Copayment.--Section 
1833(t)(4)(C) (42 U.S.C. 1395l(t)(4)(C)) is amended by inserting ``, 
plus the amount of any reduction in the copayment amount attributable to 
paragraph (8)(C)'' before the period at the end.
    (c) Effective Date.--The amendments made by this section apply as if 
included in the enactment of BBA and shall only apply to procedures 
performed for which payment is made on the basis of the prospective 
payment system under section 1833(t) of the Social Security Act.

                     Subtitle B--Physician Services

SEC. 211. MODIFICATION OF UPDATE ADJUSTMENT FACTOR PROVISIONS TO REDUCE 
            UPDATE OSCILLATIONS AND REQUIRE ESTIMATE REVISIONS.

    (a) Update Adjustment Factor.--
            (1) In general.--Section 1848(d) (42 U.S.C. 1395w-4(d)) is 
        amended--
                    (A) in paragraph (3)--
                          (i) in the heading, by inserting ``for 1999 
                      and 2000'' after ``Update'';
                          (ii) in subparagraph (A), by striking ``a year 
                      beginning with 1999'' and inserting ``1999 and 
                      2000''; and
                          (iii) in subparagraph (C), by inserting ``and 
                      paragraph (4)'' after ``For purposes of this 
                      paragraph''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) Update for years beginning with 2001.--
                    ``(A) In general.--Unless otherwise provided by law, 
                subject to the budget-neutrality factor determined by 
                the Secretary under subsection (c)(2)(B)(ii) and subject 
                to adjustment under subparagraph (F), the update to the 
                single conversion factor established in paragraph (1)(C) 
                for a year beginning with 2001 is equal to the product 
                of--
                          ``(i) 1 plus the Secretary's estimate of the 
                      percentage increase in the MEI (as defined in 
                      section 1842(i)(3)) for the year (divided by 100); 
                      and
                          ``(ii) 1 plus the Secretary's estimate of the 
                      update adjustment factor under subparagraph (B) 
                      for the year.

[[Page 113 STAT. 1501A-346]]

                    ``(B) Update adjustment factor.--For purposes of 
                subparagraph (A)(ii), subject to subparagraph (D), the 
                `update adjustment factor' for a year is equal (as 
                estimated by the Secretary) to the sum of the following:
                          ``(i) Prior year adjustment component.--An 
                      amount determined by--
                                    ``(I) computing the difference 
                                (which may be positive or negative) 
                                between the amount of the allowed 
                                expenditures for physicians' services 
                                for the prior year (as determined under 
                                subparagraph (C)) and the amount of the 
                                actual expenditures for such services 
                                for that year;
                                    ``(II) dividing that difference by 
                                the amount of the actual expenditures 
                                for such services for that year; and
                                    ``(III) multiplying that quotient by 
                                0.75.
                          ``(ii) Cumulative adjustment component.--An 
                      amount determined by--
                                    ``(I) computing the difference 
                                (which may be positive or negative) 
                                between the amount of the allowed 
                                expenditures for physicians' services 
                                (as determined under subparagraph (C)) 
                                from April 1, 1996, through the end of 
                                the prior year and the amount of the 
                                actual expenditures for such services 
                                during that period;
                                    ``(II) dividing that difference by 
                                actual expenditures for such services 
                                for the prior year as increased by the 
                                sustainable growth rate under subsection 
                                (f) for the year for which the update 
                                adjustment factor is to be determined; 
                                and
                                    ``(III) multiplying that quotient by 
                                0.33.
                    ``(C) Determination of allowed expenditures.--For 
                purposes of this paragraph:
                          ``(i) Period up to april 1, 1999.--The allowed 
                      expenditures for physicians' services for a period 
                      before April 1, 1999, shall be the amount of the 
                      allowed expenditures for such period as determined 
                      under paragraph (3)(C).
                          ``(ii) Transition to calendar year allowed 
                      expenditures.--Subject to subparagraph (E), the 
                      allowed expenditures for--
                                    ``(I) the 9-month period beginning 
                                April 1, 1999, shall be the Secretary's 
                                estimate of the amount of the allowed 
                                expenditures that would be permitted 
                                under paragraph (3)(C) for such period; 
                                and
                                    ``(II) the year of 1999, shall be 
                                the Secretary's estimate of the amount 
                                of the allowed expenditures that would 
                                be permitted under paragraph (3)(C) for 
                                such year.
                          ``(iii) Years beginning with 2000.--The 
                      allowed expenditures for a year (beginning with 
                      2000) is equal to the allowed expenditures for 
                      physicians' services for the previous year, 
                      increased by the sustainable growth rate under 
                      subsection (f) for the year involved.

[[Page 113 STAT. 1501A-347]]

                    ``(D) Restriction on update adjustment factor.--The 
                update adjustment factor determined under subparagraph 
                (B) for a year may not be less than -0.07 or greater 
                than 0.03.
                    ``(E) Recalculation of allowed expenditures for 
                updates beginning with 2001.--For purposes of 
                determining the update adjustment factor for a year 
                beginning with 2001, the Secretary shall recompute the 
                allowed expenditures for previous periods beginning on 
                or after April 1, 1999, consistent with subsection 
                (f)(3).
                    ``(F) Transitional adjustment designed to provide 
                for budget neutrality.--Under this subparagraph the 
                Secretary shall provide for an adjustment to the update 
                under subparagraph (A)--
                          ``(i) for each of 2001, 2002, 2003, and 2004, 
                      of -0.2 percent; and
                          ``(ii) for 2005 of +0.8 percent.''.
            (2) Publication change.--
                    (A) In general.--Section 1848(d)(1)(E) (42 U.S.C. 
                1395w-4(d)(1)(E)) is amended to read as follows:
                    ``(E) Publication and dissemination of 
                information.--The Secretary shall--
                          ``(i) cause to have published in the Federal 
                      Register not later than November 1 of each year 
                      (beginning with 2000) the conversion factor which 
                      will apply to physicians' services for the 
                      succeeding year, the update determined under 
                      paragraph (4) for such succeeding year, and the 
                      allowed expenditures under such paragraph for such 
                      succeeding year; and
                          ``(ii) make available to the Medicare Payment 
                      Advisory Commission and the public by March 1 of 
                      each year (beginning with 2000) an estimate of the 
                      sustainable growth rate and of the conversion 
                      factor which will apply to physicians' services 
                      for the succeeding year and data used in making 
                      such estimate.''.
                    (B) Medpac review of conversion factor estimates.--
                Section 1805(b)(1)(D) (42 U.S.C. 1395b-6(b)(1)(D)) is 
                amended by inserting ``and including a review of the 
                estimate of the conversion factor submitted under 
                section 1848(d)(1)(E)(ii)'' before the period at the 
                end.
                    (C) One-time publication of information on 
                transition.--The Secretary of Health and Human Services 
                shall cause to have published in the Federal Register, 
                not later than 90 days after the date of the enactment 
                of this section, the Secretary's determination, based 
                upon the best available data, of--
                          (i) the allowed expenditures under subclauses 
                      (I) and (II) of subsection (d)(4)(C)(ii) of 
                      section 1848 of the Social Security Act (42 U.S.C. 
                      1395w-4), as added by subsection (a)(1)(B), for 
                      the 9-month period beginning on April 1, 1999, and 
                      for 1999;
                          (ii) the estimated actual expenditures 
                      described in subsection (d) of such section for 
                      1999; and
                          (iii) the sustainable growth rate under 
                      subsection (f) of such section for 2000.
            (3) Conforming amendments.--
                    (A) Section 1848 (42 U.S.C. 1395w-4) is amended--

[[Page 113 STAT. 1501A-348]]

                          (i) in subsection (d)(1)(A), by inserting 
                      ``(for years before 2001) and, for years beginning 
                      with 2001, multiplied by the update (established 
                      under paragraph (4)) for the year involved'' after 
                      ``for the year involved''; and
                          (ii) in subsection (f)(2)(D), by inserting 
                      ``or (d)(4)(B), as the case may be'' after 
                      ``(d)(3)(B)''.
                    (B) Section 1833(l)(4)(A)(i)(VII) (42 U.S.C. 
                1395l(l)(4)(A)(i)(VII)) is amended by striking 
                ``1848(d)(3)'' and inserting ``1848(d)''.

    (b) Sustainable Growth Rates.--Section 1848(f) (42 U.S.C. 1395w-
4(f)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Publication.--The Secretary shall cause to have 
        published in the Federal Register not later than--
                    ``(A) November 1, 2000, the sustainable growth rate 
                for 2000 and 2001; and
                    ``(B) November 1 of each succeeding year the 
                sustainable growth rate for such succeeding year and 
                each of the preceding 2 years.'';
            (2) in paragraph (2)--
                    (A) in the matter before subparagraph (A), by 
                striking ``fiscal year 1998)'' and inserting ``fiscal 
                year 1998 and ending with fiscal year 2000) and a year 
                beginning with 2000''; and
                    (B) in subparagraphs (A) through (D), by striking 
                ``fiscal year'' and inserting ``applicable period'' each 
                place it appears;
            (3) in paragraph (3), by adding at the end the following new 
        subparagraph:
                    ``(C) Applicable period.--The term `applicable 
                period' means--
                          ``(i) a fiscal year, in the case of fiscal 
                      year 1998, fiscal year 1999, and fiscal year 2000; 
                      or
                          ``(ii) a calendar year with respect to a year 
                      beginning with 2000;
                as the case may be.'';
            (4) by redesignating paragraph (3) as paragraph (4); and
            (5) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Data to be used.--For purposes of determining the 
        update adjustment factor under subsection (d)(4)(B) for a year 
        beginning with 2001, the sustainable growth rates taken into 
        consideration in the determination under paragraph (2) shall be 
        determined as follows:
                    ``(A) For 2001.--For purposes of such calculations 
                for 2001, the sustainable growth rates for fiscal year 
                2000 and the years 2000 and 2001 shall be determined on 
                the basis of the best data available to the Secretary as 
                of September 1, 2000.
                    ``(B) For 2002.--For purposes of such calculations 
                for 2002, the sustainable growth rates for fiscal year 
                2000 and for years 2000, 2001, and 2002 shall be 
                determined on the basis of the best data available to 
                the Secretary as of September 1, 2001.
                    ``(C) For 2003 and succeeding years.--For purposes 
                of such calculations for a year after 2002--

[[Page 113 STAT. 1501A-349]]

                          ``(i) the sustainable growth rates for that 
                      year and the preceding 2 years shall be determined 
                      on the basis of the best data available to the 
                      Secretary as of September 1 of the year preceding 
                      the year for which the calculation is made; and
                          ``(ii) the sustainable growth rate for any 
                      year before a year described in clause (i) shall 
                      be the rate as most recently determined for that 
                      year under this subsection.
        Nothing in this paragraph shall be construed as affecting the 
        sustainable growth rates established for fiscal year 1998 or 
        fiscal year 1999.''.

    (c) Study and Report Regarding the Utilization of Physicians' 
Services by Medicare Beneficiaries.--
            (1) Study by secretary.--The Secretary of Health and Human 
        Services, acting through the Administrator of the Agency for 
        Health Care Policy and Research, shall conduct a study of the 
        issues specified in paragraph (2).
            (2) Issues to be studied.--The issues specified in this 
        paragraph are the following:
                    (A) The various methods for accurately estimating 
                the economic impact on expenditures for physicians' 
                services under the original medicare fee-for-service 
                program under parts A and B of title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.) resulting from--
                          (i) improvements in medical capabilities;
                          (ii) advancements in scientific technology;
                          (iii) demographic changes in the types of 
                      medicare beneficiaries that receive benefits under 
                      such program; and
                          (iv) geographic changes in locations where 
                      medicare beneficiaries receive benefits under such 
                      program.
                    (B) The rate of usage of physicians' services under 
                the original medicare fee-for-service program under 
                parts A and B of title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.) among beneficiaries between 
                ages 65 and 74, 75 and 84, 85 and over, and disabled 
                beneficiaries under age 65.
                    (C) Other factors that may be reliable predictors of 
                beneficiary utilization of physicians' services under 
                the original medicare fee-for-service program under 
                parts A and B of title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.).
            (3) Report to congress.--Not later than 3 years after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall submit a report to Congress setting forth 
        the results of the study conducted pursuant to paragraph (1), 
        together with any recommendations the Secretary determines are 
        appropriate.
            (4) Medpac report to congress.--Not later than 180 days 
        after the date of submission of the report under paragraph (3), 
        the Medicare Payment Advisory Commission shall submit a report 
        to Congress that includes--
                    (A) an analysis and evaluation of the report 
                submitted under paragraph (3); and
                    (B) such recommendations as it determines are 
                appropriate.

[[Page 113 STAT. 1501A-350]]

    (d) Effective Date.--The amendments made by this section shall be 
effective in determining the conversion factor under section 1848(d) of 
the Social Security Act (42 U.S.C. 1395w-4(d)) for years beginning with 
2001 and shall not apply to or affect any update (or any update 
adjustment factor) for any year before 2001.

SEC. 212. USE OF DATA COLLECTED BY ORGANIZATIONS AND ENTITIES IN 
            DETERMINING PRACTICE EXPENSE RELATIVE VALUES.

    (a) In General.--The Secretary of Health and Human Services shall 
establish by regulation (after notice and opportunity for public 
comment) a process (including data collection standards) under which the 
Secretary will accept for use and will use, to the maximum extent 
practicable and consistent with sound data practices, data collected or 
developed by entities and organizations (other than the Department of 
Health and Human Services) to supplement the data normally collected by 
that Department in determining the practice expense component under 
section 1848(c)(2)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(C)(ii)) for purposes of determining relative values for payment 
for physicians' services under the fee schedule under section 1848 of 
such Act (42 U.S.C. 1395w-4). The Secretary shall first promulgate such 
regulation on an interim final basis in a manner that permits the 
submission and use of data in the computation of practice expense 
relative value units for payment rates for 2001.
    (b) Publication of Information.--The Secretary shall include, in the 
publication of the estimated and final updates under section 1848(c) of 
such Act (42 U.S.C. 1395w-4(c)) for payments for 2001 and for 2002, a 
description of the process established under subsection (a) for the use 
of external data in making adjustments in relative value units and the 
extent to which the Secretary has used such external data in making such 
adjustments for each such year, particularly in cases in which the data 
otherwise used are inadequate because such data are not based upon a 
large enough sample size to be statistically reliable.

SEC. 213. GAO STUDY ON RESOURCES REQUIRED TO PROVIDE SAFE AND EFFECTIVE 
            OUTPATIENT CANCER THERAPY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a nationwide study to determine the physician and non-physician 
clinical resources necessary to provide safe outpatient cancer therapy 
services and the appropriate payment rates for such services under the 
medicare program. In making such determination, the Comptroller General 
shall--
            (1) determine the adequacy of practice expense relative 
        value units associated with the utilization of those clinical 
        resources;
            (2) determine the adequacy of work units in the practice 
        expense formula; and
            (3) assess various standards to assure the provision of safe 
        outpatient cancer therapy services.

    (b) Report to Congress.--The Comptroller General shall submit to 
Congress a report on the study conducted under subsection (a). The 
report shall include recommendations regarding practice expense 
adjustments to the payment methodology under part B of title XVIII of 
the Social Security Act, including the development and inclusion of 
adequate work units to assure the adequacy of payment amounts for safe 
outpatient cancer therapy

[[Page 113 STAT. 1501A-351]]

services. The study shall also include an estimate of the cost of 
implementing such recommendations.

                       Subtitle C--Other Services

SEC. 221. REVISION OF PROVISIONS RELATING TO THERAPY SERVICES.

    (a) 2-Year Moratorium on Caps.--
            (1) In general.--Section 1833(g) of the Social Security Act 
        (42 U.S.C. 1395l(g)) is amended--
                    (A) in paragraphs (1) and (3), by striking ``In the 
                case'' each place it appears and inserting ``Subject to 
                paragraph (4), in the case''; and
                    (B) by adding at the end the following:

    ``(4) This subsection shall not apply to expenses incurred with 
respect to services furnished during 2000 and 2001.''.
            (2) Focused medical reviews of claims during moratorium 
        period.--During years in which paragraph (4) of section 1833(g) 
        of the Social Security Act (42 U.S.C. 1395l(g)) applies (under 
        the amendment made by paragraph (1)(B)), the Secretary of Health 
        and Human Services shall conduct focused medical reviews of 
        claims for reimbursement for services described in paragraph (1) 
        or (3) of such section, with an emphasis on such claims for 
        services that are provided to residents of skilled nursing 
        facilities.

    (b) Technical Amendment Relating To Being Under the Care of a 
Physician.--
            (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended--
                    (A) in subsection (p)(1), by striking ``or (3)'' and 
                inserting ``, (3), or (4)''; and
                    (B) in subsection (r)(4), by inserting ``for 
                purposes of subsection (p)(1) and'' after ``but only''.
            (2) Effective date.--The amendments made by paragraph (1) 
        apply to services furnished on or after January 1, 2000.

    (c) Revision of Report.--
            (1) In general.--Section 4541(d)(2) of BBA (42 U.S.C. 1395l 
        note) is amended to read as follows:
            ``(2) Report.--Not later than January 1, 2001, the Secretary 
        of Health and Human Services shall submit to Congress a report 
        that includes recommendations on--
                    ``(A) the establishment of a mechanism for assuring 
                appropriate utilization of outpatient physical therapy 
                services, outpatient occupational therapy services, and 
                speech-language pathology services that are covered 
                under the medicare program under title XVIII of the 
                Social Security Act (42 U.S.C. 1395); and
                    ``(B) the establishment of an alternative payment 
                policy for such services based on classification of 
                individuals by diagnostic category, functional status, 
                prior use of services (in both inpatient and outpatient 
                settings), and such other criteria as the Secretary 
                determines appropriate, in place of the uniform dollar 
                limitations specified in section 1833(g) of such Act, as 
                amended by paragraph (1).
        The recommendations shall include how such a mechanism or policy 
        might be implemented in a budget-neutral manner.''.

[[Page 113 STAT. 1501A-352]]

            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        4541 of BBA.

    (d) Study and Report on Utilization.--
            (1) Study.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall conduct a study which compares--
                          (i) utilization patterns (including nationwide 
                      patterns, and patterns by region, types of 
                      settings, and diagnosis or condition) of 
                      outpatient physical therapy services, outpatient 
                      occupational therapy services, and speech-language 
                      pathology services that are covered under the 
                      medicare program under title XVIII of the Social 
                      Security Act (42 U.S.C. 1395) and provided on or 
                      after January 1, 2000; with
                          (ii) such patterns for such services that were 
                      provided in 1998 and 1999.
                    (B) Review of claims.--In conducting the study under 
                this subsection the Secretary of Health and Human 
                Services shall review a statistically significant number 
                of claims for reimbursement for the services described 
                in subparagraph (A).
            (2) Report.--Not later than June 30, 2001, the Secretary of 
        Health and Human Services shall submit a report to Congress on 
        the study conducted under paragraph (1), together with any 
        recommendations for legislation that the Secretary determines to 
        be appropriate as a result of such study.

SEC. 222. UPDATE IN RENAL DIALYSIS COMPOSITE RATE.

    (a) In General.--Section 1881(b)(7) (42 U.S.C. 1395rr(b)(7)) is 
amended by adding at the end the following new flush sentence:
``The Secretary shall increase the amount of each composite rate payment 
for dialysis services furnished during 2000 by 1.2 percent above such 
composite rate payment amounts for such services furnished on December 
31, 1999, and for such services furnished on or after January 1, 2001, 
by 1.2 percent above such composite rate payment amounts for such 
services furnished on December 31, 2000.''.
    (b) Conforming Amendment.--The second sentence of section 9335(a)(1) 
of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 1395rr note) 
is amended by inserting ``and before January 1, 2000,'' after ``on or 
after January 1, 1991,''.
    (c) Study on Payment Level for Home Hemodialysis.--The Medicare 
Payment Advisory Commission shall conduct a study on the appropriateness 
of the differential in payment under the medicare program for 
hemodialysis services furnished in a facility and such services 
furnished in a home. Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to Congress a report 
on such study and shall include recommendations regarding changes in 
medicare payment policy in response to the study.

SEC. 223. IMPLEMENTATION OF THE INHERENT REASONABLENESS (IR) AUTHORITY.

    (a) Limitation on Use.--The Secretary of Health and Human Services 
may not use, or permit fiscal intermediaries or carriers to use, the 
inherent reasonableness authority provided under section

[[Page 113 STAT. 1501A-353]]

1842(b)(8) of the Social Security Act (42 U.S.C. 1395u(b)(8)) until 
after--
            (1) the Comptroller General of the United States releases a 
        report pursuant to the request for such a report made on March 
        1, 1999, regarding the impact of the Secretary's, fiscal 
        intermediaries', and carriers' use of such authority; and
            (2) the Secretary has published a notice of final rulemaking 
        in the Federal Register that relates to such authority and that 
        responds to such report and to comments received in response to 
        the Secretary's interim final regulation relating to such 
        authority that was published in the Federal Register on January 
        7, 1998.

    (b) Reevaluation of IR Criteria.--In promulgating the final 
regulation under subsection (a)(2), the Secretary shall--
            (1) reevaluate the appropriateness of the criteria included 
        in such interim final regulation for identifying payments which 
        are excessive or deficient; and
            (2) take appropriate steps to ensure the use of valid and 
        reliable data when exercising such authority.

    (c) Technical Correction.--Section 1842(b)(8)(A)(i)(I) (42 U.S.C. 
1395u(b)(8)(A)(i)(I)) is amended by striking ``the application of this 
part'' and inserting ``the application of this title to payment under 
this part''.

SEC. 224. INCREASE IN REIMBURSEMENT FOR PAP SMEARS.

    (a) Pap Smear Payment Increase.--Section 1833(h) (42 U.S.C. 
1395l(h)) is amended by adding at the end the following new paragraph:
    ``(7) Notwithstanding paragraphs (1) and (4), the Secretary shall 
establish a national minimum payment amount under this subsection for a 
diagnostic or screening pap smear laboratory test (including all 
cervical cancer screening technologies that have been approved by the 
Food and Drug Administration as a primary screening method for detection 
of cervical cancer) equal to $14.60 for tests furnished in 2000. For 
such tests furnished in subsequent years, such national minimum payment 
amount shall be adjusted annually as provided in paragraph (2).''.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Health Care Financing Administration has been slow 
        to incorporate or provide incentives for providers to use new 
        screening diagnostic health care technologies in the area of 
        cervical cancer;
            (2) some new technologies have been developed which optimize 
        the effectiveness of pap smear screening; and
            (3) the Health Care Financing Administration should 
        institute an appropriate increase in the payment rate for new 
        cervical cancer screening technologies that have been approved 
        by the Food and Drug Administration and that are significantly 
        more effective than a conventional pap smear.

SEC. 225. REFINEMENT OF AMBULANCE SERVICES DEMONSTRATION PROJECT.

    Effective as if included in the enactment of BBA, section 4532 of 
BBA (42 U.S.C. 1395m note) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``Not later than July 1, 2000, the Secretary shall publish a 
        request for proposals for such projects.''; and

[[Page 113 STAT. 1501A-354]]

            (2) by amending paragraph (2) of subsection (b) to read as 
        follows:
            ``(2) Capitated payment rate defined.--In this subsection, 
        the term `capitated payment rate' means, with respect to a 
        demonstration project--
                    ``(A) in its first year, a rate established for the 
                project by the Secretary, using the most current 
                available data, in a manner that ensures that aggregate 
                payments under the project will not exceed the aggregate 
                payment that would have been made for ambulance services 
                under part B of title XVIII of the Social Security Act 
                in the local area of government's jurisdiction; and
                    ``(B) in a subsequent year, the capitated payment 
                rate established for the previous year increased by an 
                appropriate inflation adjustment factor.''.

SEC. 226. PHASE-IN OF PPS FOR AMBULATORY SURGICAL CENTERS.

    If the Secretary of Health and Human Services implements a revised 
prospective payment system for services of ambulatory surgical 
facilities under section 1833(i) of the Social Security Act (42 U.S.C. 
1395l(i)), prior to incorporating data from the 1999 Medicare cost 
survey or a subsequent cost survey, such system shall be implemented in 
a manner so that--
            (1) in the first year of its implementation, only a 
        proportion (specified by the Secretary and not to exceed \1/3\) 
        of the payment for such services shall be made in accordance 
        with such system and the remainder shall be made in accordance 
        with current regulations; and
            (2) in the following year a proportion (specified by the 
        Secretary and not to exceed \2/3\) of the payment for such 
        services shall be made under such system and the remainder shall 
        be made in accordance with current regulations.

SEC. 227. EXTENSION OF MEDICARE BENEFITS FOR IMMUNOSUPPRESSIVE DRUGS.

    (a) In General.--Section 1861(s)(2)(J)(v) (42 U.S.C. 
1395x(s)(2)(J)(v)) is amended by inserting before the semicolon at the 
end the following: ``plus such additional number of months (if any) 
provided under section 1832(b)''.
    (b) Specification of Number of Additional Months.--Section 1832 (42 
U.S.C. 1395k) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Extension of Coverage of Immunosuppressive Drugs.--
            ``(1) Extension.--
                    ``(A) In general.--The Secretary shall specify 
                consistent with this subsection an additional number of 
                months (which may be portions of months) of coverage of 
                immunosuppressive drugs for each cohort (as defined in 
                subparagraph (C)) in a year during the 5-year period 
                beginning with 2000. The number of such months for the 
                cohort--
                          ``(i) for 2000 shall be 8 months; and
                          ``(ii) for 2001 shall, subject to paragraph 
                      (2)(A)(i), be 8 months.
                    ``(B) Application of additional months in a year 
                only to cohort in that year.--

[[Page 113 STAT. 1501A-355]]

                          ``(i) In general.--The additional months 
                      specified under this subsection for a cohort in a 
                      year in such 5-year period shall apply under 
                      section 1861(s)(2)(J)(v) only to individuals 
                      within such cohort for such year.
                          ``(ii) Construction.--Nothing in this 
                      subsection shall be construed as preventing 
                      additional months of coverage provided for a 
                      cohort for a year from extending coverage to drugs 
                      furnished in months in the succeeding year.
                    ``(C) Cohort defined.--In this subsection, the term 
                `cohort' means, with respect to a year, those 
                individuals who would (but for this subsection) exhaust 
                benefits under section 1861(s)(2)(J)(v) for prescription 
                drugs used in immunosuppressive therapy furnished at any 
                time during such year.
            ``(2) Timing of specification.--Consistent with paragraphs 
        (3) and (4)--
                    ``(A) May 1, 2001.--Not later than May 1, 2001, the 
                Secretary--
                          ``(i) may increase the number of months for 
                      the cohort for 2001 above the 8 months provided 
                      under paragraph (1)(A)(ii); and
                          ``(ii) shall compute and specify the number of 
                      additional months of benefits that will be 
                      available for the cohort for 2002.
                    ``(B) May 1, 2002 and 2003.--Not later than May 1 of 
                2002 and 2003, the Secretary shall compute and specify 
                the number of additional months of benefits that will be 
                available for the cohort for the following year under 
                this subsection. Such number may be more or less than 8 
                months.
            ``(3) Basis for specification.--Using appropriate actuarial 
        methods, the Secretary shall compute the number of additional 
        months for the cohort for a year under this subsection in a 
        manner so that the total expenditures under this part 
        attributable to this subsection, as computed based upon the best 
        available data at the time additional months are specified under 
        this subsection, do not exceed $150,000,000. Subject to 
        paragraph (4), the Secretary shall seek to compute such months 
        in a manner that provides for a level number of months for each 
        cohort in each year in the last 4 years of the 5-year period 
        described in paragraph (1)(A).
            ``(4) Annual adjustment to maintain aggregate expenditures 
        within limits.--In computing and specifying the number of 
        additional months under paragraph (2), the Secretary shall 
        adjust the number of additional months under this subsection for 
        a cohort for a year from that provided in the previous year 
        within such 5-year period to the extent necessary to take into 
        account, based upon the best available data, differences between 
        actual and estimated expenditures under this part attributable 
        to this subsection for previous years and to comply with the 
        limitation on total expenditures under paragraph (3).''.

    (c) Transitional Pass-Through of Additional Costs Under 
Medicare+Choice Program for 2000.--The provisions of subparagraphs (A) 
and (B) of section 1852(a)(5) of the Social Security Act (42 U.S.C. 
1395w-22(a)(5)) shall apply with respect to the

[[Page 113 STAT. 1501A-356]]

coverage of additional benefits for immunosuppressive drugs under the 
amendments made by this section for drugs furnished in 2000 in the same 
manner as if such amendments constituted a national coverage 
determination described in the matter in such section before 
subparagraph (A).
    (d) Report on Immunosuppressive Drug Benefit.--
            (1) In general.--Not later than March 1, 2003, the Secretary 
        of Health and Human Services shall submit to Congress a report 
        on the operation of this section and the amendments made by this 
        section. The report shall include--
                    (A) an analysis of the impact of this section; and
                    (B) recommendations regarding an appropriate cost-
                effective method for providing coverage of 
                immunosuppressive drugs under the medicare program on a 
                permanent basis.
            (2) Considerations.--In making recommendations under 
        paragraph (1)(B), the Secretary shall identify potential 
        modifications to the immunosuppressive drug benefit that would 
        best promote the objectives of--
                    (A) improving health outcomes (by decreasing 
                transplant rejection rates that are attributable to 
                failure to comply with immunosuppressive drug regimens);
                    (B) achieving cost savings to the medicare program 
                (by decreasing the need for secondary transplants and 
                other care relating to post-transplant complications); 
                and
                    (C) meeting the needs of those medicare 
                beneficiaries who, because of income or other factors, 
                would be less likely to maintain an immunosuppressive 
                drug regimen in the absence of such modifications.

SEC. 228. TEMPORARY INCREASE IN PAYMENT RATES FOR DURABLE MEDICAL 
            EQUIPMENT AND OXYGEN.

    (a) In General.--For purposes of payments under section 1834(a) of 
the Social Security Act (42 U.S.C. 1395m(a)) for covered items (as 
defined in paragraph (13) of that section) furnished during 2001 and 
2002, the Secretary of Health and Human Services shall increase the 
payment amount in effect (but for this section) for such items for--
            (1) 2001 by 0.3 percent, and
            (2) 2002 by 0.6 percent.

    (b) Limiting Application to Specified Years.--The payment amount 
increase--
            (1) under subsection (a)(1) shall not apply after 2001 and 
        shall not be taken into account in calculating the payment 
        amounts applicable for covered items furnished after such year; 
        and
            (2) under subsection (a)(2) shall not apply after 2002 and 
        shall not be taken into account in calculating the payment 
        amounts applicable for covered items furnished after such year.

SEC. 229. STUDIES AND REPORTS.

    (a) MedPAC Study on Postsurgical Recovery Care Center Services.--
            (1) In general.--The Medicare Payment Advisory Commission 
        shall conduct a study on the cost-effectiveness and efficacy of 
        covering under the medicare program under title XVIII of the 
        Social Security Act services of a post-surgical recovery care 
        center (that provides an intermediate level of recovery

[[Page 113 STAT. 1501A-357]]

        care following surgery). In conducting such study, the 
        Commission shall consider data on these centers gathered in 
        demonstration projects.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Commission shall submit to Congress a 
        report on such study and shall include in the report 
        recommendations on the feasibility, costs, and savings of 
        covering such services under the medicare program.

    (b) AHCPR Study on Effect of Credentialing of Technologists and 
Sonographers on Quality of Ultrasound.--
            (1) Study.--The Administrator for Health Care Policy and 
        Research shall provide for a study that, with respect to the 
        provision of ultrasound under the medicare and medicaid programs 
        under titles XVIII and XIX of the Social Security Act, compares 
        differences in quality between ultrasound furnished by 
        individuals who are credentialed by private entities or 
        organizations and ultrasound furnished by those who are not so 
        credentialed. Such study shall examine and evaluate differences 
        in error rates, resulting complications, and patient outcomes as 
        a result of the differences in credentialing. In designing the 
        study, the Administrator shall consult with organizations 
        nationally recognized for their expertise in ultrasound.
            (2) Report.--Not later than two years after the date of the 
        enactment of this Act, the Administrator shall submit a report 
        to Congress on the study conducted under paragraph (1).

    (c) MedPAC Study on the Complexity of the Medicare Program and the 
Levels of Burdens Placed on Providers Through Federal Regulations.--
            (1) Study.--The Medicare Payment Advisory Commission shall 
        undertake a comprehensive study to review the regulatory burdens 
        placed on all classes of health care providers under parts A and 
        B of the medicare program under title XVIII of the Social 
        Security Act and to determine the costs these burdens impose on 
        the nation's health care system. The study shall also examine 
        the complexity of the current regulatory system and its impact 
        on providers.
            (2) Report.--Not later than December 31, 2001, the 
        Commission shall submit to Congress one or more reports on the 
        study conducted under paragraph (1). The report shall include 
        recommendations regarding--
                    (A) how the Health Care Financing Administration can 
                reduce the regulatory burdens placed on patients and 
                providers; and
                    (B) legislation that may be appropriate to reduce 
                the complexity of the medicare program, including 
                improvement of the rules regarding billing, compliance, 
                and fraud and abuse.

    (d) GAO Continued Monitoring of Department of Justice Application of 
Guidelines on Use of False Claims Act in Civil Health Care Matters.--The 
Comptroller General of the United States shall--
            (1) continue the monitoring, begun under section 118 of the 
        Department of Justice Appropriations Act, 1999 (included in 
        Public Law 105-277) of the compliance of the Department of 
        Justice and all United States Attorneys with the ``Guidance

[[Page 113 STAT. 1501A-358]]

        on the Use of the False Claims Act in Civil Health Care 
        Matters'' issued by the Department of Justice on June 3, 1998, 
        including any revisions to that guidance; and
            (2) not later than April 1, 2000, and of each of the two 
        succeeding years, submit a report on such compliance to the 
        appropriate Committees of Congress.

             TITLE III--PROVISIONS RELATING TO PARTS A AND B

                    Subtitle A--Home Health Services

SEC. 301. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN THE 
            INTERIM PAYMENT SYSTEM; GAO REPORT ON COSTS OF COMPLIANCE 
            WITH OASIS DATA COLLECTION REQUIREMENTS.

    (a) Adjustment To Reflect Administrative Costs.--
            (1) In general.--In the case of a home health agency that 
        furnishes home health services to a medicare beneficiary, for 
        each such beneficiary to whom the agency furnished such services 
        during the agency's cost reporting period beginning in fiscal 
        year 2000, the Secretary of Health and Human Services shall pay 
        the agency, in addition to any amount of payment made under 
        section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 
        1395x(v)(1)(L)) for the beneficiary and only for such cost 
        reporting period, an aggregate amount of $10 to defray costs 
        incurred by the agency attributable to data collection and 
        reporting requirements under the Outcome and Assessment 
        Information Set (OASIS) required by reason of section 4602(e) of 
        BBA (42 U.S.C. 1395fff note).
            (2) Payment schedule.--
                    (A) Midyear payment.--Not later than April 1, 2000, 
                the Secretary shall pay to a home health agency an 
                amount that the Secretary estimates to be 50 percent of 
                the aggregate amount payable to the agency by reason of 
                this subsection.
                    (B) Upon settled cost report.--The Secretary shall 
                pay the balance of amounts payable to an agency under 
                this subsection on the date that the cost report 
                submitted by the agency for the cost reporting period 
                beginning in fiscal year 2000 is settled.
            (3) Payment from trust funds.--Payments under this 
        subsection shall be made, in appropriate part as specified by 
        the Secretary, from the Federal Hospital Insurance Trust Fund 
        and from the Federal Supplementary Medical Insurance Trust Fund.
            (4) Definitions.--In this subsection:
                    (A) Home health agency.--The term ``home health 
                agency'' has the meaning given that term under section 
                1861(o) of the Social Security Act (42 U.S.C. 1395x(o)).
                    (B) Home health services.--The term ``home health 
                services'' has the meaning given that term under section 
                1861(m) of such Act (42 U.S.C. 1395x(m)).
                    (C) Medicare beneficiary.--The term ``medicare 
                beneficiary'' means a beneficiary described in section

[[Page 113 STAT. 1501A-359]]

                1861(v)(1)(L)(vi)(II) of the Social Security Act (42 
                U.S.C. 1395x(v)(1)(L)(vi)(II)).

    (b) GAO Report on Costs of Compliance With OASIS Data Collection 
Requirements.--
            (1) Report to congress.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Comptroller 
                General of the United States shall submit to Congress a 
                report on the matters described in subparagraph (B) with 
                respect to the data collection requirement of patients 
                of such agencies under the Outcome and Assessment 
                Information Set (OASIS) standard as part of the 
                comprehensive assessment of patients.
                    (B) Matters studied.--For purposes of subparagraph 
                (A), the matters described in this subparagraph include 
                the following:
                          (i) An assessment of the costs incurred by 
                      medicare home health agencies in complying with 
                      such data collection requirement.
                          (ii) An analysis of the effect of such data 
                      collection requirement on the privacy interests of 
                      patients from whom data is collected.
                    (C) Audit.--The Comptroller General shall conduct an 
                independent audit of the costs described in subparagraph 
                (B)(i). Not later than 180 days after receipt of the 
                report under subparagraph (A), the Comptroller General 
                shall submit to Congress a report describing the 
                Comptroller General's findings with respect to such 
                audit, and shall include comments on the report 
                submitted to Congress by the Secretary of Health and 
                Human Services under subparagraph (A).
            (2) Definitions.--In this subsection:
                    (A) Comprehensive assessment of patients.--The term 
                ``comprehensive assessment of patients'' means the rule 
                published by the Health Care Financing Administration 
                that requires, as a condition of participation in the 
                medicare program, a home health agency to provide a 
                patient-specific comprehensive assessment that 
                accurately reflects the patient's current status and 
                that incorporates the Outcome and Assessment Information 
                Set (OASIS).
                    (B) Outcome and assessment information set.--The 
                term ``Outcome and Assessment Information Set'' means 
                the standard provided under the rule relating to data 
                items that must be used in conducting a comprehensive 
                assessment of patients.

SEC. 302. DELAY IN APPLICATION OF 15 PERCENT REDUCTION IN PAYMENT RATES 
            FOR HOME HEALTH SERVICES UNTIL ONE YEAR AFTER IMPLEMENTATION 
            OF PROSPECTIVE PAYMENT SYSTEM.

    (a) Contingency Reduction.--Section 4603 of BBA (42 U.S.C. 1395fff 
note) (as amended by section 5101(c)(3) of the Tax and Trade Relief 
Extension Act of 1998 (contained in division J of Public Law 105-277)) 
is amended by striking subsection (e).
    (b) Prospective Payment System.--Section 1895(b)(3)(A)(i) (42 U.S.C. 
1395fff(b)(3)(A)(i)) (as amended by section 5101 of the Tax

[[Page 113 STAT. 1501A-360]]

and Trade Relief Extension Act of 1998 (contained in division J of 
Public Law 105-277)) is amended to read as follows:
                          ``(i) In general.--Under such system the 
                      Secretary shall provide for computation of a 
                      standard prospective payment amount (or amounts) 
                      as follows:
                                    ``(I) Such amount (or amounts) shall 
                                initially be based on the most current 
                                audited cost report data available to 
                                the Secretary and shall be computed in a 
                                manner so that the total amounts payable 
                                under the system for the 12-month period 
                                beginning on the date the Secretary 
                                implements the system shall be equal to 
                                the total amount that would have been 
                                made if the system had not been in 
                                effect.
                                    ``(II) For periods beginning after 
                                the period described in subclause (I), 
                                such amount (or amounts) shall be equal 
                                to the amount (or amounts) that would 
                                have been determined under subclause (I) 
                                that would have been made for fiscal 
                                year 2001 if the system had not been in 
                                effect but if the reduction in limits 
                                described in clause (ii) had been in 
                                effect, updated under subparagraph (B).
                      Each such amount shall be standardized in a manner 
                      that eliminates the effect of variations in 
                      relative case mix and area wage adjustments among 
                      different home health agencies in a budget neutral 
                      manner consistent with the case mix and wage level 
                      adjustments provided under paragraph (4)(A). Under 
                      the system, the Secretary may recognize regional 
                      differences or differences based upon whether or 
                      not the services or agency are in an urbanized 
                      area.''.

    (c) Report.--Not later than the date that is six months after the 
date the Secretary of Health and Human Services implements the 
prospective payment system for home health services under section 1895 
of the Social Security Act (42 U.S.C. 1395fff), the Secretary shall 
submit to Congress a report analyzing the need for the 15 percent 
reduction under subsection (b)(3)(A)(ii) of such section, or for any 
reduction, in the computation of the base payment amounts under the 
prospective payment system for home health services established under 
such section.

SEC. 303. INCREASE IN PER BENEFICIARY LIMITS.

    (a) Increase in Per Beneficiary Limits.--Section 1861(v)(1)(L) of 
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by 
section 5101 of the Tax and Trade Relief Extension Act of 1998 
(contained in Division J of Public Law 105-277), is amended--
            (1) by redesignating clause (ix) as clause (x); and
            (2) by inserting after clause (viii) the following new 
        clause:

    ``(ix) Notwithstanding the per beneficiary limit under clause 
(viii), if the limit imposed under clause (v) (determined without regard 
to this clause) for a cost reporting period beginning during or after 
fiscal year 2000 is less than the median described in clause (vi)(I) 
(but determined as if any reference in clause (v) to `98 percent' were a 
reference to `100 percent'), the limit otherwise

[[Page 113 STAT. 1501A-361]]

imposed under clause (v) for such provider and period shall be increased 
by 2 percent.''.
    (b) Increase Not Included in PPS Base.--The second sentence of 
section 1895(b)(3)(A)(i) (42 U.S.C. 1395fff(b)(3)(A)(i)), as amended by 
section 302(b), is further amended--
            (1) in subclause (I), by inserting ``and if section 
        1861(v)(1)(L)(ix) had not been enacted'' before the semicolon; 
        and
            (2) in subclause (II), by inserting ``and if section 
        1861(v)(1)(L)(ix) had not been enacted'' after ``if the system 
        had not been in effect''.

    (c) Effective Date.--The amendments made by this section shall apply 
to services furnished by home health agencies for cost reporting periods 
beginning on or after October 1, 1999.

SEC. 304. CLARIFICATION OF SURETY BOND REQUIREMENTS.

    (a) Home Health Agencies.--Section 1861(o)(7) (42 U.S.C. 
1395x(o)(7)) is amended to read as follows:
            ``(7) provides the Secretary with a surety bond--
                    ``(A) effective for a period of 4 years (as 
                specified by the Secretary) or in the case of a change 
                in the ownership or control of the agency (as determined 
                by the Secretary) during or after such 4-year period, an 
                additional period of time that the Secretary determines 
                appropriate, such additional period not to exceed 4 
                years from the date of such change in ownership or 
                control;
                    ``(B) in a form specified by the Secretary; and
                    ``(C) for a year in the period described in 
                subparagraph (A) in an amount that is equal to the 
                lesser of $50,000 or 10 percent of the aggregate amount 
                of payments to the agency under this title and title XIX 
                for that year, as estimated by the Secretary; and''.

    (b) Coordination of Surety Bonds.--Part A of title XI of the Social 
Security Act is amended by inserting after section 1128E the following 
new section:

     ``coordination of medicare and medicaid surety bond provisions

    ``Sec. 1128F. In the case of a home health agency that is subject to 
a surety bond requirement under title XVIII and title XIX, the surety 
bond provided to satisfy the requirement under one such title shall 
satisfy the requirement under the other such title so long as the bond 
applies to guarantee return of overpayments under both such titles.''.
    (c) Effective Date.--The amendments made by this section take effect 
on the date of the enactment of this Act, and in applying section 
1861(o)(7) of the Social Security Act (42 U.S.C. 1395x(o)(7)), as 
amended by subsection (a), the Secretary of Health and Human Services 
may take into account the previous period for which a home health agency 
had a surety bond in effect under such section before such date.

SEC. 305. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.

    (a) In General.--Section 1842(b)(6)(F) (42 U.S.C. 1395u(b)(6)(F)) is 
amended by inserting ``(including medical supplies described in section 
1861(m)(5), but excluding durable medical

[[Page 113 STAT. 1501A-362]]

equipment to the extent provided for in such section)'' after ``home 
health services''.
    (b) Conforming Amendment.--Section 1862(a)(21) (42 U.S.C. 
1395y(a)(21)) is amended by inserting ``(including medical supplies 
described in section 1861(m)(5), but excluding durable medical equipment 
to the extent provided for in such section)'' after ``home health 
services''.
    (c) Effective Date.--The amendments made by this section shall apply 
to payments for services provided on or after the date of enactment of 
this Act.

SEC. 306. TECHNICAL AMENDMENT CLARIFYING APPLICABLE MARKET BASKET 
            INCREASE FOR PPS.

    Section 1895(b)(3)(B)(ii)(I) (42 U.S.C. 1395fff(b)(3)(B)(ii)(I)) is 
amended by striking ``fiscal year 2002 or 2003'' and inserting ``each of 
fiscal years 2002 and 2003''.

SEC. 307. STUDY AND REPORT TO CONGRESS REGARDING THE EXEMPTION OF RURAL 
            AGENCIES AND POPULATIONS FROM INCLUSION IN THE HOME HEALTH 
            PROSPECTIVE PAYMENT SYSTEM.

    (a) Study.--The Medicare Payment Advisory Commission (referred to in 
this section as ``MedPAC'') shall conduct a study to determine the 
feasibility and advisability of exempting home health services provided 
by a home health agency (or by others under arrangements with such 
agency) located in a rural area, or to an individual residing in a rural 
area, from payment under the prospective payment system for such 
services established by the Secretary of Health and Human Services in 
accordance with section 1895 of the Social Security Act (42 U.S.C. 
1395fff).
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, MedPAC shall submit a report to Congress on the study 
conducted under subsection (a), together with any recommendations for 
legislation that MedPAC determines to be appropriate as a result of such 
study.

              Subtitle B--Direct Graduate Medical Education

SEC. 311. USE OF NATIONAL AVERAGE PAYMENT METHODOLOGY IN COMPUTING 
            DIRECT GRADUATE MEDICAL EDUCATION (DGME) PAYMENTS.

    (a) In General.--Section 1886(h)(2) (42 U.S.C. 1395ww(h)(2)) is 
amended--
            (1) in subparagraph (D)(i), by striking ``clause (ii)'' and 
        inserting ``a subsequent clause'';
            (2) by adding at the end of subparagraph (D) the following 
        new clauses:
                          ``(iii) Floor in fiscal year 2001 at 70 
                      percent of locality adjusted national average per 
                      resident amount.--The approved FTE resident amount 
                      for a hospital for the cost reporting period 
                      beginning during fiscal year 2001 shall not be 
                      less than 70 percent of the locality adjusted 
                      national average per resident amount computed 
                      under subparagraph (E) for the hospital and 
                      period.

[[Page 113 STAT. 1501A-363]]

                          ``(iv) Adjustment in rate of increase for 
                      hospitals with fte approved amount above 140 
                      percent of locality adjusted national average per 
                      resident amount.--
                                    ``(I) Freeze for fiscal years 2001 
                                and 2002.--For a cost reporting period 
                                beginning during fiscal year 2001 or 
                                fiscal year 2002, if the approved FTE 
                                resident amount for a hospital for the 
                                preceding cost reporting period exceeds 
                                140 percent of the locality adjusted 
                                national average per resident amount 
                                computed under subparagraph (E) for that 
                                hospital and period, subject to 
                                subclause (III), the approved FTE 
                                resident amount for the period involved 
                                shall be the same as the approved FTE 
                                resident amount for the hospital for 
                                such preceding cost reporting period.
                                    ``(II) 2 percent decrease in update 
                                for fiscal years 2003, 2004, and 2005.--
                                For a cost reporting period beginning 
                                during fiscal year 2003, fiscal year 
                                2004, or fiscal year 2005, if the 
                                approved FTE resident amount for a 
                                hospital for the preceding cost 
                                reporting period exceeds 140 percent of 
                                the locality adjusted national average 
                                per resident amount computed under 
                                subparagraph (E) for that hospital and 
                                preceding period, the approved FTE 
                                resident amount for the period involved 
                                shall be updated in the manner described 
                                in subparagraph (D)(i) except that, 
                                subject to subclause (III), the consumer 
                                price index applied for a 12-month 
                                period shall be reduced (but not below 
                                zero) by 2 percentage points.
                                    ``(III) No adjustment below 140 
                                percent.--In no case shall subclause (I) 
                                or (II) reduce an approved FTE resident 
                                amount for a hospital for a cost 
                                reporting period below 140 percent of 
                                the locality adjusted national average 
                                per resident amount computed under 
                                subparagraph (E) for such hospital and 
                                period.'';
            (3) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (4) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) Determination of locality adjusted national 
                average per resident amount.--The Secretary shall 
                determine a locality adjusted national average per 
                resident amount with respect to a cost reporting period 
                of a hospital beginning during a fiscal year as follows:
                          ``(i) Determining hospital single per resident 
                      amount.--The Secretary shall compute for each 
                      hospital operating an approved graduate medical 
                      education program a single per resident amount 
                      equal to the average (weighted by number of full-
                      time equivalent residents, as determined under 
                      paragraph (4)) of the primary care per resident 
                      amount and the non-primary care per resident 
                      amount computed under paragraph (2) for cost 
                      reporting periods ending during fiscal year 1997.

[[Page 113 STAT. 1501A-364]]

                          ``(ii) Standardizing per resident amounts.--
                      The Secretary shall compute a standardized per 
                      resident amount for each such hospital by dividing 
                      the single per resident amount computed under 
                      clause (i) by an average of the 3 geographic index 
                      values (weighted by the national average weight 
                      for each of the work, practice expense, and 
                      malpractice components) as applied under section 
                      1848(e) for 1999 for the fee schedule area in 
                      which the hospital is located.
                          ``(iii) Computing of weighted average.--The 
                      Secretary shall compute the average of the 
                      standardized per resident amounts computed under 
                      clause (ii) for such hospitals, with the amount 
                      for each hospital weighted by the average number 
                      of full-time equivalent residents at such hospital 
                      (as determined under paragraph (4)).
                          ``(iv) Computing national average per resident 
                      amount.--The Secretary shall compute the national 
                      average per resident amount, for a hospital's cost 
                      reporting period that begins during fiscal year 
                      2001, equal to the weighted average computed under 
                      clause (iii) increased by the estimated percentage 
                      increase in the consumer price index for all urban 
                      consumers during the period beginning with the 
                      month that represents the midpoint of the cost 
                      reporting periods described in clause (i) and 
                      ending with the midpoint of the hospital's cost 
                      reporting period that begins during fiscal year 
                      2001.
                          ``(v) Adjusting for locality.--The Secretary 
                      shall compute the product of--
                                    ``(I) the national average per 
                                resident amount computed under clause 
                                (iv) for the hospital, and
                                    ``(II) the geographic index value 
                                average (described and applied under 
                                clause (ii)) for the fee schedule area 
                                in which the hospital is located.
                          ``(vi) Computing locality adjusted amount.--
                      The locality adjusted national per resident amount 
                      for a hospital for--
                                    ``(I) the cost reporting period 
                                beginning during fiscal year 2001 is the 
                                product computed under clause (v); or
                                    ``(II) each subsequent cost 
                                reporting period is equal to the 
                                locality adjusted national per resident 
                                amount for the hospital for the previous 
                                cost reporting period (as determined 
                                under this clause) updated, through the 
                                midpoint of the period, by projecting 
                                the estimated percentage change in the 
                                consumer price index for all urban 
                                consumers during the 12-month period 
                                ending at that midpoint.''.

    (b) Conforming Amendments.--Section 1886(h)(2)(D) (42 U.S.C. 
1395ww(h)(2)(D)) is further amended--
            (1) in clause (i)--
                    (A) by striking ``periods.--(i)'' and inserting the 
                following (and conforming the indentation of the 
                succeeding matter accordingly): ``periods.--
                          ``(i) In general.--''; and

[[Page 113 STAT. 1501A-365]]

                    (B) by striking ``the amount determined'' and 
                inserting ``the approved FTE resident amount 
                determined''; and
            (2) in clause (ii)--
                    (A) by indenting the clause 2 ems to the right; and
                    (B) by inserting ``Freeze in update for fiscal years 
                1994 and 1995.--'' after ``(ii)''.

SEC. 312. INITIAL RESIDENCY PERIOD FOR CHILD NEUROLOGY RESIDENCY 
            TRAINING PROGRAMS.

    (a) In General.--Section 1886(h)(5) (42 U.S.C. 1395ww(h)(5)) is 
amended--
            (1) in the last sentence of subparagraph (F), by striking 
        ``The initial residency period'' and inserting ``Subject to 
        subparagraph (G)(v), the initial residency period''; and
            (2) in subparagraph (G)--
                    (A) in clause (i) by striking ``and (iv)'' and 
                inserting ``(iv), and (v)''; and
                    (B) by adding at the end the following new clause:
                          ``(v) Child neurology training programs.--In 
                      the case of a resident enrolled in a child 
                      neurology residency training program, the period 
                      of board eligibility and the initial residency 
                      period shall be the period of board eligibility 
                      for pediatrics plus 2 years.''.

    (b) Effective Date.--The amendments made by subsection (a) apply on 
and after July 1, 2000, to residency programs that began before, on, or 
after the date of the enactment of this Act.
    (c) MedPAC Report.--The Medicare Payment Advisory Commission shall 
include in its report submitted to Congress in March of 2001 
recommendations regarding the appropriateness of the initial residency 
period used under section 1886(h)(5)(F) of the Social Security Act (42 
U.S.C. 1395ww(h)(5)(F)) for other residency training programs in a 
specialty that require preliminary years of study in another specialty.

                    Subtitle C--Technical Corrections

SEC. 321. BBA TECHNICAL CORRECTIONS.

    (a) Section 4201.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
4(c)(2)(B)(i)) is amended by striking ``and is located in a county (or 
equivalent unit of local government) in a rural area (as defined in 
section 1886(d)(2)(D)) that'' and inserting ``that is located in a 
county (or equivalent unit of local government) in a rural area (as 
defined in section 1886(d)(2)(D)), and that''.
    (b) Section 4204.--(1) Section 1886(d)(5)(G) (42 U.S.C. 
1395ww(d)(5)(G)) is amended--
            (A) in clause (i), by striking ``or beginning on or after 
        October 1, 1997, and before October 1, 2001,'' and inserting 
        ``or discharges occurring on or after October 1, 1997, and 
        before October 1, 2001,''; and
            (B) in clause (ii)(II), by striking ``or beginning on or 
        after October 1, 1997, and before October 1, 2001,'' and 
        inserting ``or discharges occurring on or after October 1, 1997, 
        and before October 1, 2001,''.

    (2) Section 1886(b)(3)(D) (42 U.S.C. 1395ww(b)(3)(D)) is amended in 
the matter preceding clause (i) by striking ``and for cost reporting 
periods beginning on or after October 1, 1997, and

[[Page 113 STAT. 1501A-366]]

before October 1, 2001,'' and inserting ``and for discharges beginning 
on or after October 1, 1997, and before October 1, 2001,''.
    (c) Section 4319.--Section 1847(b)(2) (42 U.S.C. 1395w-3(b)(2)) is 
amended by inserting ``and'' after ``specified by the Secretary''.
    (d) Section 4401.--Section 4401(b)(1)(B) of BBA (42 U.S.C. 1395ww 
note) is amended by striking ``section 1886(b)(3)(B)(i)(XIII) of the 
Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XIII)))'' and 
inserting ``section 1886(b)(3)(B)(i)(XIV) of the Social Security Act (42 
U.S.C. 1395ww(b)(3)(B)(i)(XIV)))''.
    (e) Section 4402.--The last sentence of section 1886(g)(1)(A) (42 
U.S.C. 1395ww(g)(1)(A)) is amended by striking ``September 30, 2002,'' 
and inserting ``October 1, 2002,''.
    (f) Section 4419.--The first sentence of section 1886(b)(4)(A)(i) 
(42 U.S.C. 1395ww(b)(4)(A)(i)) is amended by striking ``or unit''.
    (g) Section 4432.--(1) Section 1888(e)(8)(B) (42 U.S.C. 
1395yy(e)(8)(B)) is amended by striking ``January 1, 1999,'' and 
inserting ``July 1, 1999''.
    (2) Section 1833(h)(5)(A)(iii) (42 U.S.C. 1395l(h)(5)(A)(iii)) is 
amended--
            (A) by striking ``or critical access hospital,'' and 
        inserting ``, critical access hospital, or skilled nursing 
        facility,''; and
            (B) by inserting ``or skilled nursing facility'' before the 
        period.

    (h) Section 4416.--Section 1886(b)(7)(A)(i)(II) (42 U.S.C. 
1395ww(b)(7)(A)(i)(II)) is amended by inserting ``(as estimated by the 
Secretary)'' after ``median''.
    (i) Section 4442.--Section 4442(b) of BBA (42 U.S.C. 1395f note) is 
amended by striking ``applies to cost reporting periods beginning'' and 
inserting ``applies to items and services furnished''.
    (j) HIPAA Section 201.--
            (1) In general.--Section 1817(k)(2)(C)(i) (42 U.S.C. 
        1395i(k)(2)(C)(i)) is amended by striking ``section 
        982(a)(6)(B)'' and inserting ``section 24(a)''.
            (2) Effective date.--The amendment made by this subsection 
        shall take effect as if included in the amendment made by 
        section 201 of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1992).

    (k) Other Technical Amendments.--
            (1) Section 4611.--Section 1812(b) (42 U.S.C. 1395d(b)) is 
        amended in the matter following paragraph (3) by inserting 
        ``during'' after ``100 visits''.
            (2) Section 4511.--Section 1833(a)(1)(O) (42 U.S.C. 
        1395l(a)(1)(O)) is amended by striking the semicolon and 
        inserting a comma.
            (3) Section 4551.--Section 1834(h)(4)(A) (42 U.S.C. 
        1395m(h)(4)(A)) is amended--
                    (A) in clause (i), by striking the comma at the end 
                and inserting a semicolon; and
                    (B) in clause (v), by striking ``, and'' and 
                inserting ``; and''.
            (4) Section 4315.-- Section 1842(s)(2)(E) (42 U.S.C. 
        1395u(s)(2)(E)) is amended by inserting a period at the end.
            (5) Sections 4103, 4104, and 4106.--
                    (A) Section 4103.--Section 1848(j)(3) (42 U.S.C. 
                1395w-4(j)(3)) is amended by striking ``1861(oo)(2),'' 
                and inserting ``1861(oo)(2))''.

[[Page 113 STAT. 1501A-367]]

                    (B) Section 4104.--Such section is further amended 
                by striking ``(B) ,'' and inserting ``(B),''.
                    (C) Section 4106.--Such section is further amended 
                by striking ``and (15)'' and inserting ``, and (15)''.
            (6) Section 4001.--(A) Section 1851(i)(2) (42 U.S.C. 1395w-
        21(i)(2)) is amended by striking ``and'' after ``1857(f)(2),''.
            (B) Section 1852 (42 U.S.C. 1395w-22) is amended--
                    (i) in subsection (a)(3)(A)--
                          (I) by striking the comma after ``MSA plan''; 
                      and
                          (II) by inserting a comma after ``the 
                      coverage)'';
                    (ii) in subsection (g)--
                          (I) in paragraph (1)(B), by inserting ``or'' 
                      after ``in whole''; and
                          (II) in paragraph (3)(B)(ii), by inserting a 
                      period at the end;
                    (iii) in subsection (h)(2), by striking the comma 
                and inserting a semicolon; and
                    (iv) in subsection (k)(2)(C)(ii), by striking 
                ``balancing'' and inserting ``balance''.
            (C) Section 1854(a) (42 U.S.C. 1395w-24(a)) is amended--
                    (i) in paragraph (2)--
                          (I) in subparagraph (A), in the matter 
                      preceding clause (i), by inserting ``section'' 
                      before ``1852(a)(1)(A)''; and
                          (II) in subparagraph (B), in the matter 
                      preceding clause (i), by inserting ``section'' 
                      after ``described in'';
                    (ii) in paragraph (3)--
                          (I) in subparagraph (A), by inserting 
                      ``section'' after ``described in''; and
                          (II) in subparagraph (B), by inserting 
                      ``section'' after ``described in''; and
                    (iii) in paragraph (4)--
                          (I) in the matter preceding subparagraph (A), 
                      by inserting ``section'' after ``described in'';
                          (II) in subparagraph (A), in the matter 
                      preceding clause (i), by inserting ``section'' 
                      after ``described in''; and
                          (III) in subparagraph (B), by inserting 
                      ``section'' after ``described in''.
            (7) Section 4557.--Section 1861(s)(2)(T)(ii) (42 U.S.C. 
        1395x(s)(2)(T)(ii)) is amended by striking the period and 
        inserting a semicolon.
            (8) Section 4205.--Section 1861(aa)(2) (42 U.S.C. 
        1395x(aa)(2)) is amended--
                    (A) in subparagraph (I), by striking the comma at 
                the end and inserting a semicolon; and
                    (B) by realigning subparagraph (I) so as to align 
                the left margin of such subparagraph with the left 
                margin of subparagraph (H); and
            (9) Section 4454.--Section 1861(ss)(1)(G)(i) (42 U.S.C. 
        1395x(ss)(1)(G)(i)) is amended--
                    (A) by striking ``owed'' and inserting ``owned''; 
                and
                    (B) by striking ``of'' and inserting ``or''.
            (10) Section 4103.--Section 1862(a)(7) (42 U.S.C. 
        1395y(a)(7)) is amended by striking ``subparagraphs'' and 
        inserting ``subparagraph''.

[[Page 113 STAT. 1501A-368]]

            (11) Section 4002.--Section 1866(a)(1) (42 U.S.C. 
        1395cc(a)(1)) is amended--
                    (A) in subparagraph (I)(iii), by striking the 
                semicolon and inserting a comma;
                    (B) in subparagraph (N)(iv), by striking ``and'' at 
                the end; and
                    (C) in subparagraph (O), by striking the semicolon 
                at the end and inserting a comma.
            (12) Section 4321.--Section 1866(a)(1) (42 U.S.C. 
        1395cc(a)(1)) is amended--
                    (A) in subparagraph (Q), by striking the semicolon 
                at the end and inserting a comma; and
                    (B) in subparagraph (R), by inserting ``, and'' at 
                the end.
            (13) Section 4003.--Section 1882(g)(1) (42 U.S.C. 
        1395ss(g)(1)) is amended by striking ``or'' after ``does not 
        include''.
            (14) Section 4031.--Section 1882(s)(2)(D) (42 U.S.C. 
        1395ss(s)(2)(D)), is amended in the matter preceding clause (i), 
        by inserting ``section'' after ``as defined in''.
            (15) Section 4421.--Section 1886(b) (42 U.S.C. 1395ww(b)) is 
        amended--
                    (A) in paragraph (1), in the matter following 
                subparagraph (C), by inserting a comma after ``paragraph 
                (2)''; and
                    (B) in paragraph (3)(B)(ii)--
                          (i) in subclause (VI), by striking the 
                      semicolon and inserting a comma; and
                          (ii) in subclause (VII), by striking the 
                      semicolon and inserting a comma.
            (16) Section 4403.--Section 1886(d)(5)(F) (42 U.S.C. 
        1395ww(d)(5)(F)) is amended by inserting a comma after ``1986''.
            (17) Section 4406.--Section 1886(d)(9)(A)(ii) (42 U.S.C. 
        1395ww(d)(9)(A)(ii)) is amended by inserting a comma after 
        ``1987''.
            (18) Section 4432.--Section 1888(e)(4)(E) (42 U.S.C. 
        1395yy(e)(4)(E)) is amended--
                    (A) in clause (i), by striking ``federal'' and 
                inserting ``Federal''; and
                    (B) in clause (ii), in the matter preceding 
                subclause (I), by striking ``federal'' each place it 
                appears and inserting ``Federal''.
            (19) Section 4603.--Section 1895(b)(1) (42 U.S.C. 
        1395fff(b)(1)) is amended by striking ``the this section'' and 
        inserting ``this section''.

    (l) Section 1135 of the Social Security Act.--Effective on the date 
of the enactment of this Act, section 1135 (42 U.S.C. 1320b-5) is 
repealed.
    (m) Effective Date.--Except as otherwise provided, the amendments 
made by this section shall take effect as if included in the enactment 
of BBA.

[[Page 113 STAT. 1501A-369]]

                   TITLE IV--RURAL PROVIDER PROVISIONS

                       Subtitle A--Rural Hospitals

SEC. 401. PERMITTING RECLASSIFICATION OF CERTAIN URBAN HOSPITALS AS 
            RURAL HOSPITALS.

    (a) In General.--Section 1886(d)(8) (42 U.S.C. 1395ww(d)(8)) is 
amended by adding at the end the following new subparagraph:
    ``(E)(i) For purposes of this subsection, not later than 60 days 
after the receipt of an application (in a form and manner determined by 
the Secretary) from a subsection (d) hospital described in clause (ii), 
the Secretary shall treat the hospital as being located in the rural 
area (as defined in paragraph (2)(D)) of the State in which the hospital 
is located.
    ``(ii) For purposes of clause (i), a subsection (d) hospital 
described in this clause is a subsection (d) hospital that is located in 
an urban area (as defined in paragraph (2)(D)) and satisfies any of the 
following criteria:
            ``(I) The hospital is located in a rural census tract of a 
        metropolitan statistical area (as determined under the most 
        recent modification of the Goldsmith Modification, originally 
        published in the Federal Register on February 27, 1992 (57 Fed. 
        Reg. 6725)).
            ``(II) The hospital is located in an area designated by any 
        law or regulation of such State as a rural area (or is 
        designated by such State as a rural hospital).
            ``(III) The hospital would qualify as a rural, regional, or 
        national referral center under paragraph (5)(C) or as a sole 
        community hospital under paragraph (5)(D) if the hospital were 
        located in a rural area.
            ``(IV) The hospital meets such other criteria as the 
        Secretary may specify.''.

    (b) Conforming Changes.--(1) Section 1833(t) (42 U.S.C. 1395l(t)), 
as amended by sections 201 and 202, is further amended by adding at the 
end the following new paragraph:
            ``(13) Miscellaneous provisions.--
                    ``(A) Application of reclassification of certain 
                hospitals.--If a hospital is being treated as being 
                located in a rural area under section 1886(d)(8)(E), 
                that hospital shall be treated under this subsection as 
                being located in that rural area.''.

    (2) Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-4(c)(2)(B)(i)) is 
amended, in the matter preceding subclause (I), by inserting ``or is 
treated as being located in a rural area pursuant to section 
1886(d)(8)(E)'' after ``section 1886(d)(2)(D))''.
    (c) Effective Date.--The amendments made by this section shall 
become effective on January 1, 2000.

SEC. 402. UPDATE OF STANDARDS APPLIED FOR GEOGRAPHIC RECLASSIFICATION 
            FOR CERTAIN HOSPITALS.

    (a) In General.--Section 1886(d)(8)(B) (42 U.S.C. 1395ww(d)(8)(B)) 
is amended--
            (1) by inserting ``(i)'' after ``(B)'';

[[Page 113 STAT. 1501A-370]]

            (2) by striking ``published in the Federal Register on 
        January 3, 1980'' and inserting ``described in clause (ii)''; 
        and
            (3) by adding at the end the following new clause:

    ``(ii) The standards described in this clause for cost reporting 
periods beginning in a fiscal year--
            ``(I) before fiscal year 2003, are the standards published 
        in the Federal Register on January 3, 1980, or, at the election 
        of the hospital with respect to fiscal years 2001 and 2002, 
        standards so published on March 30, 1990; and
            ``(II) after fiscal year 2002, are the standards published 
        in the Federal Register by the Director of the Office of 
        Management and Budget based on the most recent available 
        decennial population data.

Subparagraphs (C) and (D) shall not apply with respect to the 
application of subclause (I).''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to discharges occurring during cost reporting periods 
beginning on or after October 1, 1999.

SEC. 403. IMPROVEMENTS IN THE CRITICAL ACCESS HOSPITAL (CAH) PROGRAM.

    (a) Applying 96-Hour Limit on an Annual, Average Basis.--
            (1) In general.--Section 1820(c)(2)(B)(iii) (42 U.S.C. 
        1395i-4(c)(2)(B)(iii)) is amended by striking ``for a period not 
        to exceed 96 hours'' and all that follows and inserting ``for a 
        period that does not exceed, as determined on an annual, average 
        basis, 96 hours per patient;''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on the date of the enactment of this Act.

    (b) Permitting For-Profit Hospitals To Qualify for Designation as a 
Critical Access Hospital.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
4(c)(2)(B)(i)) is amended in the matter preceding subclause (I), by 
striking ``nonprofit or public hospital'' and inserting ``hospital''.
    (c) Allowing Closed or Downsized Hospitals To Convert to Critical 
Access Hospitals.--Section 1820(c)(2) (42 U.S.C. 1395i-4(c)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' 
        and inserting ``subparagraphs (B), (C), and (D)''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(C) Recently closed facilities.--A State may 
                designate a facility as a critical access hospital if 
                the facility--
                          ``(i) was a hospital that ceased operations on 
                      or after the date that is 10 years before the date 
                      of the enactment of this subparagraph; and
                          ``(ii) as of the effective date of such 
                      designation, meets the criteria for designation 
                      under subparagraph (B).
                    ``(D) Downsized facilities.--A State may designate a 
                health clinic or a health center (as defined by the 
                State) as a critical access hospital if such clinic or 
                center--
                          ``(i) is licensed by the State as a health 
                      clinic or a health center;
                          ``(ii) was a hospital that was downsized to a 
                      health clinic or health center; and

[[Page 113 STAT. 1501A-371]]

                          ``(iii) as of the effective date of such 
                      designation, meets the criteria for designation 
                      under subparagraph (B).''.

    (d) Election of Cost-Based Payment Option for Outpatient Critical 
Access Hospital Services.--
            (1) In general.--Section 1834(g) (42 U.S.C. 1395m(g)) is 
        amended to read as follows:

    ``(g) Payment for Outpatient Critical Access Hospital Services.--
            ``(1) In general.--The amount of payment for outpatient 
        critical access hospital services of a critical access hospital 
        is the reasonable costs of the hospital in providing such 
        services, unless the hospital makes the election under paragraph 
        (2).
            ``(2) Election of cost-based hospital outpatient service 
        payment plus fee schedule for professional services.--A critical 
        access hospital may elect to be paid for outpatient critical 
        access hospital services amounts equal to the sum of the 
        following, less the amount that such hospital may charge as 
        described in section 1866(a)(2)(A):
                    ``(A) Facility fee.--With respect to facility 
                services, not including any services for which payment 
                may be made under subparagraph (B), the reasonable costs 
                of the critical access hospital in providing such 
                services.
                    ``(B) Fee schedule for professional services.--With 
                respect to professional services otherwise included 
                within outpatient critical access hospital services, 
                such amounts as would otherwise be paid under this part 
                if such services were not included in outpatient 
                critical access hospital services.
            ``(3) Disregarding charges.--The payment amounts under this 
        subsection shall be determined without regard to the amount of 
        the customary or other charge.''.
            (2) Effective date.--The amendment made by subsection (a) 
        shall apply for cost reporting periods beginning on or after 
        October 1, 2000.

    (e) Elimination of Coinsurance for Clinical Diagnostic Laboratory 
Tests Furnished by a Critical Access Hospital on an Outpatient Basis.--
            (1) In general.--Paragraphs (1)(D)(i) and (2)(D)(i) of 
        section 1833(a) (42 U.S.C. 1395l(a)) are each amended by 
        inserting ``or which are furnished on an outpatient basis by a 
        critical access hospital'' after ``on an assignment-related 
        basis''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to services furnished on or after the date of the 
        enactment of this Act.

    (f) Participation in Swing Bed Program.--Section 1883 (42 U.S.C. 
1395tt) is amended--
            (1) in subsection (a)(1), by striking ``(other than a 
        hospital which has in effect a waiver under subparagraph (A) of 
        the last sentence of section 1861(e))''; and
            (2) in subsection (c), by striking ``, or during which there 
        is in effect for the hospital a waiver under subparagraph (A) of 
        the last sentence of section 1861(e)''.

[[Page 113 STAT. 1501A-372]]

SEC. 404. 5-YEAR EXTENSION OF MEDICARE DEPENDENT HOSPITAL (MDH) PROGRAM.

    (a) Extension of Payment Methodology.--Section 1886(d)(5)(G) (42 
U.S.C. 1395ww(d)(5)(G)) is amended--
            (1) in clause (i), by striking ``and before October 1, 
        2001,'' and inserting ``and before October 1, 2006,''; and
            (2) in clause (ii)(II), by striking ``and before October 1, 
        2001,'' and inserting ``and before October 1, 2006,''.

    (b) Conforming Amendments.--
            (1) Extension of target amount.--Section 1886(b)(3)(D) (42 
        U.S.C. 1395ww(b)(3)(D)) is amended--
                    (A) in the matter preceding clause (i), by striking 
                ``and before October 1, 2001,'' and inserting ``and 
                before October 1, 2006,''; and
                    (B) in clause (iv), by striking ``during fiscal year 
                1998 through fiscal year 2000'' and inserting ``during 
                fiscal year 1998 through fiscal year 2005''.
            (2) Permitting hospitals to decline reclassification.--
        Section 13501(e)(2) of Omnibus Budget Reconciliation Act of 1993 
        (42 U.S.C. 1395ww note), as amended by section 4204(a)(3) of 
        BBA, is amended by striking ``or fiscal year 2000'' and 
        inserting ``or fiscal year 2000 through fiscal year 2005''.

SEC. 405. REBASING FOR CERTAIN SOLE COMMUNITY HOSPITALS.

    Section 1886(b)(3) (42 U.S.C. 1395ww(b)(3)) is amended--
            (1) in subparagraph (C), by inserting ``subject to 
        subparagraph (I),'' before ``the term `target amount' means''; 
        and
            (2) by adding at the end the following new subparagraph:

    ``(I)(i) For cost reporting periods beginning on or after October 1, 
2000, in the case of a sole community hospital that for its cost 
reporting period beginning during 1999 is paid on the basis of the 
target amount applicable to the hospital under subparagraph (C) and that 
elects (in a form and manner determined by the Secretary) this 
subparagraph to apply to the hospital, there shall be substituted for 
such target amount--
            ``(I) with respect to discharges occurring in fiscal year 
        2001, 75 percent of the target amount otherwise applicable to 
        the hospital under subparagraph (C) (referred to in this clause 
        as the `subparagraph (C) target amount') and 25 percent of the 
        rebased target amount (as defined in clause (ii));
            ``(II) with respect to discharges occurring in fiscal year 
        2002, 50 percent of the subparagraph (C) target amount and 50 
        percent of the rebased target amount;
            ``(III) with respect to discharges occurring in fiscal year 
        2003, 25 percent of the subparagraph (C) target amount and 75 
        percent of the rebased target amount; and
            ``(IV) with respect to discharges occurring after fiscal 
        year 2003, 100 percent of the rebased target amount.

    ``(ii) For purposes of this subparagraph, the `rebased target 
amount' has the meaning given the term `target amount' in subparagraph 
(C) except that--
            ``(I) there shall be substituted for the base cost reporting 
        period the 12-month cost reporting period beginning during 
        fiscal year 1996;
            ``(II) any reference in subparagraph (C)(i) to the `first 
        cost reporting period' described in such subparagraph is deemed

[[Page 113 STAT. 1501A-373]]

        a reference to the first cost reporting period beginning on or 
        after October 1, 2000; and
            ``(III) applicable increase percentage shall only be applied 
        under subparagraph (C)(iv) for discharges occurring in fiscal 
        years beginning with fiscal year 2002.''.

SEC. 406. ONE YEAR SOLE COMMUNITY HOSPITAL PAYMENT INCREASE.

    Section 1886(b)(3)(B)(i) (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended--
            (1) by redesignating subclause (XVII) as subclause (XVIII);
            (2) by striking subclause (XVI); and
            (3) by inserting after subclause (XV) the following new 
        subclauses:
            ``(XVI) for fiscal year 2001, the market basket percentage 
        increase minus 1.1 percentage points for hospitals (other than 
        sole community hospitals) in all areas, and the market basket 
        percentage increase for sole community hospitals,
            ``(XVII) for fiscal year 2002, the market basket percentage 
        increase minus 1.1 percentage points for hospitals in all areas, 
        and''.

SEC. 407. INCREASED FLEXIBILITY IN PROVIDING GRADUATE PHYSICIAN TRAINING 
            IN RURAL AND OTHER AREAS.

    (a) Counting Primary Care Residents on Certain Approved Leaves of 
Absence in Base Year FTE Count.--
            (1) Payment for direct graduate medical education.--Section 
        1886(h)(4)(F) (42 U.S.C. 1395ww(h)(4)(F)) is amended--
                    (A) by redesignating the first sentence as clause 
                (i) with the heading ``In general.--'' and appropriate 
                indentation; and
                    (B) by adding at the end the following new clause:
                          ``(ii) Counting primary care residents on 
                      certain approved leaves of absence in base year 
                      fte count.--
                                    ``(I) In general.--In determining 
                                the number of such full-time equivalent 
                                residents for a hospital's most recent 
                                cost reporting period ending on or 
                                before December 31, 1996, for purposes 
                                of clause (i), the Secretary shall count 
                                an individual to the extent that the 
                                individual would have been counted as a 
                                primary care resident for such period 
                                but for the fact that the individual, as 
                                determined by the Secretary, was on 
                                maternity or disability leave or a 
                                similar approved leave of absence.
                                    ``(II) Limitation to 3 fte residents 
                                for any hospital.--The total number of 
                                individuals counted under subclause (I) 
                                for a hospital may not exceed 3 full-
                                time equivalent residents.''.
            (2) Payment for indirect medical education.--Section 
        1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by 
        adding at the end the following: ``Rules similar to the rules of 
        subsection (h)(4)(F)(ii) shall apply for purposes of this 
        clause.''.
            (3) Effective date.--
                    (A) DGME.--The amendments made by paragraph (1) 
                apply to cost reporting periods that begin on or after 
                the date of the enactment of this Act.

[[Page 113 STAT. 1501A-374]]

                    (B) IME.--The amendment made by paragraph (2) 
                applies to discharges occurring in cost reporting 
                periods that begin on or after such date of enactment.

    (b) Permitting 30 Percent Expansion in Current GME Training Programs 
for Hospitals Located in Rural Areas.--
            (1) Payment for direct graduate medical education.--Section 
        1886(h)(4)(F)(i) (42 U.S.C. 1395ww(h)(4)(F)(i)), as amended by 
        subsection (a)(1), is amended by inserting ``(or, 130 percent of 
        such number in the case of a hospital located in a rural area)'' 
        after ``may not exceed the number''.
            (2) Payment for indirect medical education.--Section 
        1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by 
        inserting ``(or, 130 percent of such number in the case of a 
        hospital located in a rural area)'' after ``may not exceed the 
        number''.
            (3) Effective dates.--
                    (A) DGME.--The amendment made by paragraph (1) 
                applies to cost reporting periods beginning on or after 
                April 1, 2000.
                    (B) IME.--The amendment made by paragraph (2) 
                applies to discharges occurring on or after April 1, 
                2000.

    (c) Special Rule for Nonrural Facilities Serving Rural Areas.--
            (1) In general.--Section 1886(h)(4)(H) (42 U.S.C. 
        1395ww(h)(4)(H)) is amended by adding at the end the following 
        new clause:
                          ``(iv) Nonrural hospitals operating training 
                      programs in rural areas.--In the case of a 
                      hospital that is not located in a rural area but 
                      establishes separately accredited approved medical 
                      residency training programs (or rural tracks) in 
                      an rural area or has an accredited training 
                      program with an integrated rural track, the 
                      Secretary shall adjust the limitation under 
                      subparagraph (F) in an appropriate manner insofar 
                      as it applies to such programs in such rural areas 
                      in order to encourage the training of physicians 
                      in rural areas.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies with respect to--
                    (A) payments to hospitals under section 1886(h) of 
                the Social Security Act (42 U.S.C. 1395ww(h)) for cost 
                reporting periods beginning on or after April 1, 2000; 
                and
                    (B) payments to hospitals under section 
                1886(d)(5)(B)(v) of such Act (42 U.S.C. 
                1395ww(d)(5)(B)(v)) for discharges occurring on or after 
                April 1, 2000.

    (d) Not Counting Against Numerical Limitation Certain Interns and 
Residents Transferred from a VA Residency Program That Loses 
Accreditation.--
            (1) In general.--Any applicable resident described in 
        paragraph (2) shall not be taken into account in applying any 
        limitation regarding the number of residents or interns for 
        which payment may be made under section 1886 of the Social 
        Security Act (42 U.S.C. 1395ww).
            (2) Applicable resident described.--An applicable resident 
        described in this paragraph is a resident or intern who--
                    (A) participated in graduate medical education at a 
                facility of the Department of Veterans Affairs;

[[Page 113 STAT. 1501A-375]]

                    (B) was subsequently transferred on or after January 
                1, 1997, and before July 31, 1998, to a hospital that 
                was not a Department of Veterans Affairs facility; and
                    (C) was transferred because the approved medical 
                residency program in which the resident or intern 
                participated would lose accreditation by the 
                Accreditation Council on Graduate Medical Education if 
                such program continued to train residents at the 
                Department of Veterans Affairs facility.
            (3) Effective date.--
                    (A) In general.--Paragraph (1) applies as if 
                included in the enactment of BBA.
                    (B) Retroactive payments.--If the Secretary of 
                Health and Human Services determines that a hospital 
                operating an approved medical residency program is owed 
                payments as a result of enactment of this subsection, 
                the Secretary shall make such payments not later than 60 
                days after the date of the enactment of this Act.

SEC. 408. ELIMINATION OF CERTAIN RESTRICTIONS WITH RESPECT TO HOSPITAL 
            SWING BED PROGRAM.

    (a) Elimination of Requirement for State Certificate of Need.--
Section 1883(b) (42 U.S.C. 1395tt(b)) is amended to read as follows:
    ``(b) The Secretary may not enter into an agreement under this 
section with any hospital unless, except as provided under subsection 
(g), the hospital is located in a rural area and has less than 100 
beds.''.
    (b) Elimination of Swing Bed Restrictions on Certain Hospitals With 
More Than 49 Beds.--Section 1883(d) (42 U.S.C. 1395tt(d)) is amended--
            (1) by striking paragraphs (2) and (3); and
            (2) by striking ``(d)(1)'' and inserting ``(d)''.

    (c) Effective Date.--The amendments made by this section take effect 
on the date that is the first day after the expiration of the transition 
period under section 1888(e)(2)(E) of the Social Security Act (42 U.S.C. 
1395yy(e)(2)(E)) for payments for covered skilled nursing facility 
services under the medicare program.

SEC. 409. GRANT PROGRAM FOR RURAL HOSPITAL TRANSITION TO PROSPECTIVE 
            PAYMENT.

    Section 1820(g) (42 U.S.C. 1395i-4(g)) is amended by adding at the 
end the following new paragraph:
            ``(3) Upgrading data systems.--
                    ``(A) Grants to hospitals.--The Secretary may award 
                grants to hospitals that have submitted applications in 
                accordance with subparagraph (C) to assist eligible 
                small rural hospitals in meeting the costs of 
                implementing data systems required to meet requirements 
                established under the medicare program pursuant to 
                amendments made by the Balanced Budget Act of 1997.
                    ``(B) Eligible small rural hospital defined.--For 
                purposes of this paragraph, the term `eligible small 
                rural hospital' means a non-Federal, short-term general 
                acute care hospital that--
                          ``(i) is located in a rural area (as defined 
                      for purposes of section 1886(d)); and
                          ``(ii) has less than 50 beds.

[[Page 113 STAT. 1501A-376]]

                    ``(C) Application.--A hospital seeking a grant under 
                this paragraph shall submit an application to the 
                Secretary on or before such date and in such form and 
                manner as the Secretary specifies.
                    ``(D) Amount of grant.--A grant to a hospital under 
                this paragraph may not exceed $50,000.
                    ``(E) Use of funds.--A hospital receiving a grant 
                under this paragraph may use the funds for the purchase 
                of computer software and hardware, the education and 
                training of hospital staff on computer information 
                systems, and to offset costs related to the 
                implementation of prospective payment systems.
                    ``(F) Reports.--
                          ``(i) Information.--A hospital receiving a 
                      grant under this section shall furnish the 
                      Secretary with such information as the Secretary 
                      may require to evaluate the project for which the 
                      grant is made and to ensure that the grant is 
                      expended for the purposes for which it is made.
                          ``(ii) Timing of submission.--
                                    ``(I) Interim reports.--The 
                                Secretary shall report to the Committee 
                                on Ways and Means of the House of 
                                Representatives and the Committee on 
                                Finance of the Senate at least annually 
                                on the grant program established under 
                                this section, including in such report 
                                information on the number of grants 
                                made, the nature of the projects 
                                involved, the geographic distribution of 
                                grant recipients, and such other matters 
                                as the Secretary deems appropriate.
                                    ``(II) Final report.--The Secretary 
                                shall submit a final report to such 
                                committees not later than 180 days after 
                                the completion of all of the projects 
                                for which a grant is made under this 
                                section.''.

SEC. 410. GAO STUDY ON GEOGRAPHIC RECLASSIFICATION.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the current laws and regulations for geographic 
reclassification of hospitals to determine whether such reclassification 
is appropriate for purposes of applying wage indices under the medicare 
program and whether such reclassification results in more accurate 
payments for all hospitals. Such study shall examine data on the number 
of hospitals that are reclassified and their reclassified status in 
determining payments under the medicare program. The study shall 
evaluate--
            (1) the magnitude of the effect of geographic 
        reclassification on rural hospitals that are not reclassified;
            (2) whether the current thresholds used in geographic 
        reclassification reclassify hospitals to the appropriate labor 
        markets;
            (3) the effect of eliminating geographic reclassification 
        through use of the occupational mix data;
            (4) the group reclassification policy;
            (5) changes in the number of reclassifications and the 
        compositions of the groups;

[[Page 113 STAT. 1501A-377]]

            (6) the effect of State-specific budget neutrality compared 
        to national budget neutrality; and
            (7) whether there are sufficient controls over the 
        intermediary evaluation of the wage data reported by hospitals.

    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the study conducted under 
subsection (a).

                   Subtitle B--Other Rural Provisions

SEC. 411. MEDPAC STUDY OF RURAL PROVIDERS.

    (a) Study.--The Medicare Payment Advisory Commission shall conduct a 
study of rural providers furnishing items and services for which payment 
is made under title XVIII of the Social Security Act. Such study shall 
examine and evaluate the adequacy and appropriateness of the categories 
of special payments (and payment methodologies) established for rural 
hospitals under the medicare program, and the impact of such categories 
on beneficiary access and quality of health care services.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Medicare Payment Advisory Commission shall 
submit to Congress a report on the study conducted under subsection (a).

SEC. 412. EXPANSION OF ACCESS TO PARAMEDIC INTERCEPT SERVICES IN RURAL 
            AREAS.

    (a) Expansion of Payment Areas.--Section 4531(c) of BBA (42 U.S.C. 
1395x note) is amended by adding at the end the following flush 
sentence:
``For purposes of this subsection, an area shall be treated as a rural 
area if it is designated as a rural area by any law or regulation of the 
State or if it is located in a rural census tract of a metropolitan 
statistical area (as determined under the most recent Goldsmith 
Modification, originally published in the Federal Register on February 
27, 1992 (57 Fed. Reg. 6725)).''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on January 1, 2000, and applies to ALS intercept services 
furnished on or after such date.

SEC. 413. PROMOTING PROMPT IMPLEMENTATION OF INFORMATICS, TELEMEDICINE, 
            AND EDUCATION DEMONSTRATION PROJECT.

    Section 4207 of BBA (42 U.S.C. 1395b-1 note) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following: ``The Secretary shall make an award for such project 
        not later than 3 months after the date of the enactment of the 
        Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 
        1999. The Secretary shall accept the proposal adjudged to be the 
        best technical proposal as of such date of enactment without the 
        need for additional review or resubmission of proposals.'';
            (2) in subsection (a)(2)(A), by inserting before the period 
        at the end the following: ``that qualify as Federally designated 
        medically underserved areas or health professional shortage 
        areas at the time of enrollment of beneficiaries under the 
        project'';

[[Page 113 STAT. 1501A-378]]

            (3) in subsection (c)(2), by striking ``and the source and 
        amount of non-Federal funds used in the project'';
            (4) in subsection (d)(2)(A), by striking ``at a rate of 50 
        percent of the costs that are reasonable and'' and inserting 
        ``for the costs that are'';
            (5) in subsection (d)(2)(B)(i), by striking ``(but only in 
        the case of patients located in medically underserved areas)'' 
        and inserting ``or at sites providing health care to patients 
        located in medically underserved areas'';
            (6) in subsection (d)(2)(C)(i), by striking ``to deliver 
        medical informatics services under'' and inserting ``for 
        activities related to''; and
            (7) by amending paragraph (4) of subsection (d) to read as 
        follows:
            ``(4) Cost-sharing.--The project may not impose cost-sharing 
        on a medicare beneficiary for the receipt of services under the 
        project. Project costs will cover all costs to medicare 
        beneficiaries and providers related to participation in the 
        project.''.

  TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND 
                 OTHER MEDICARE MANAGED CARE PROVISIONS

Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries

SEC. 501. CHANGES IN MEDICARE+CHOICE ENROLLMENT RULES.

    (a) Permitting Enrollment in Alternative Medicare+Choice Plans and 
Medigap Coverage in Case of Involuntary Termination of Medicare+Choice 
Enrollment.--
            (1) In general.--Section 1851(e)(4) (42 U.S.C. 1395w-
        21(e)(4)) is amended by striking subparagraph (A) and inserting 
        the following:
                    ``(A)(i) the certification of the organization or 
                plan under this part has been terminated, or the 
                organization or plan has notified the individual of an 
                impending termination of such certification; or
                    ``(ii) the organization has terminated or otherwise 
                discontinued providing the plan in the area in which the 
                individual resides, or has notified the individual of an 
                impending termination or discontinuation of such 
                plan;''.
            (2) Conforming medigap amendment.--Section 1882(s)(3) (42 
        U.S.C. 1395ss(s)(3)) is amended--
                    (A) in subparagraph (A) in the matter following 
                clause (iii), by inserting ``, subject to subparagraph 
                (E),'' after ``in the case of an individual described in 
                subparagraph (B) who''; and
                    (B) by adding at the end the following new 
                subparagraph:

    ``(E)(i) An individual described in subparagraph (B)(ii) may elect 
to apply subparagraph (A) by substituting, for the date of

[[Page 113 STAT. 1501A-379]]

termination of enrollment, the date on which the individual was notified 
by the Medicare+Choice organization of the impending termination or 
discontinuance of the Medicare+Choice plan it offers in the area in 
which the individual resides, but only if the individual disenrolls from 
the plan as a result of such notification.
    ``(ii) In the case of an individual making such an election, the 
issuer involved shall accept the application of the individual submitted 
before the date of termination of enrollment, but the coverage under 
subparagraph (A) shall only become effective upon termination of 
coverage under the Medicare+Choice plan involved.''.
    (b) Continuous Open Enrollment for Institutionalized Individuals.--
Section 1851(e)(2) (42 U.S.C. 1395w-21(e)(2)) is amended--
            (1) in subparagraph (B)(i), by inserting ``and subparagraph 
        (D)'' after ``clause (ii)'';
            (2) in subparagraph (C)(i), by inserting ``and subparagraph 
        (D)'' after ``clause (ii)''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) Continuous open enrollment for 
                institutionalized individuals.--At any time after 2001 
                in the case of a Medicare+Choice eligible individual who 
                is institutionalized (as defined by the Secretary), the 
                individual may elect under subsection (a)(1)--
                          ``(i) to enroll in a Medicare+Choice plan; or
                          ``(ii) to change the Medicare+Choice plan in 
                      which the individual is enrolled.''.

    (c) Continuing Enrollment for Certain Enrollees.--Section 1851(b)(1) 
(42 U.S.C. 1395w-21(b)(1)) is amended--
            (1) in subparagraph (A), by inserting ``and except as 
        provided in subparagraph (C)'' after ``may otherwise provide''; 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Continuation of enrollment permitted where 
                service changed.--Notwithstanding subparagraph (A) and 
                in addition to subparagraph (B), if a Medicare+Choice 
                organization eliminates from its service area a 
                Medicare+Choice payment area that was previously within 
                its service area, the organization may elect to offer 
                individuals residing in all or portions of the affected 
                area who would otherwise be ineligible to continue 
                enrollment the option to continue enrollment in a 
                Medicare+Choice plan it offers so long as--
                          ``(i) the enrollee agrees to receive the full 
                      range of basic benefits (excluding emergency and 
                      urgently needed care) exclusively at facilities 
                      designated by the organization within the plan 
                      service area; and
                          ``(ii) there is no other Medicare+Choice plan 
                      offered in the area in which the enrollee resides 
                      at the time of the organization's election.''.

    (d) Effective Dates.--
            (1) The amendments made by subsection (a) apply to notices 
        of impending terminations or discontinuances made on or after 
        the date of the enactment of this Act.
            (2) The amendments made by subsection (c) apply to elections 
        made on or after the date of the enactment of this Act with 
        respect to eliminations of Medicare+Choice payment areas from a 
        service area that occur before, on, or after the date of the 
        enactment of this Act.

[[Page 113 STAT. 1501A-380]]

SEC. 502. CHANGE IN EFFECTIVE DATE OF ELECTIONS AND CHANGES OF ELECTIONS 
            OF MEDICARE+CHOICE PLANS.

    (a) Open Enrollment.--Section 1851(f)(2) (42 U.S.C. 1395w-21(f)(2)) 
is amended--
            (1) by inserting ``or change'' before ``is made''; and
            (2) by inserting ``, except that if such election or change 
        is made after the 10th day of any calendar month, then the 
        election or change shall not take effect until the first day of 
        the second calendar month following the date on which the 
        election or change is made'' before the period.

    (b) Effective Date.--The amendments made by this section apply to 
elections and changes of coverage made on or after January 1, 2000.

SEC. 503. 2-YEAR EXTENSION OF MEDICARE COST CONTRACTS.

    Section 1876(h)(5)(B) (42 U.S.C. 1395mm(h)(5)(B)) is amended by 
striking ``2002'' and inserting ``2004''.

       Subtitle B--Provisions To Facilitate Implementation of the 
                         Medicare+Choice Program

SEC. 511. PHASE-IN OF NEW RISK ADJUSTMENT METHODOLOGY; STUDIES AND 
            REPORTS ON RISK ADJUSTMENT.

    (a) Phase-In.--Section 1853(a)(3)(C) (42 U.S.C. 1395w-23(a)(3)(C)) 
is amended--
            (1) by redesignating the first sentence as clause (i) with 
        the heading ``In general.--'' and appropriate indentation; and
            (2) by adding at the end the following new clause:
                          ``(ii) Phase-in.--Such risk adjustment 
                      methodology shall be implemented in a phased-in 
                      manner so that the methodology insofar as it makes 
                      adjustments to capitation rates for health status 
                      applies to--
                                    ``(I) 10 percent of \1/12\ of the 
                                annual Medicare+Choice capitation rate 
                                in 2000 and 2001; and
                                    ``(II) not more than 20 percent of 
                                such capitation rate in 2002.''.

    (b) MedPAC Study and Report.--
            (1) Study.--The Medicare Payment Advisory Commission shall 
        conduct a study that evaluates the methodology used by the 
        Secretary of Health and Human Services in developing the risk 
        factors used in adjusting the Medicare+Choice capitation rate 
        paid to Medicare+Choice organizations under section 1853 of the 
        Social Security Act (42 U.S.C. 1395w-23) and includes the issues 
        described in paragraph (2).
            (2) Issues to be studied.--The issues described in this 
        paragraph are the following:
                    (A) The ability of the average risk adjustment 
                factor applied to a Medicare+Choice plan to explain 
                variations in plans' average per capita medicare costs, 
                as reported by Medicare+Choice plans in the plans' 
                adjusted community rate filings.
                    (B) The year-to-year stability of the risk factors 
                applied to each Medicare+Choice plan and the potential 
                for

[[Page 113 STAT. 1501A-381]]

                substantial changes in payment for small Medicare+Choice 
                plans.
                    (C) For medicare beneficiaries newly enrolled in 
                Medicare+Choice plans in a given year, the 
                correspondence between the average risk factor 
                calculated from medicare fee-for-service data for those 
                individuals from the period prior to their enrollment in 
                a Medicare+Choice plan and the average risk factor 
                calculated for such individuals during their initial 
                year of enrollment in a Medicare+Choice plan.
                    (D) For medicare beneficiaries disenrolling from or 
                switching among Medicare+Choice plans in a given year, 
                the correspondence between the average risk factor 
                calculated from data pertaining to the period prior to 
                their disenrollment from a Medicare+Choice plan and the 
                average risk factor calculated from data pertaining to 
                the period after disenrollment.
                    (E) An evaluation of the exclusion of 
                ``discretionary'' hospitalizations from consideration in 
                the risk adjustment methodology.
                    (F) Suggestions for changes or improvements in the 
                risk adjustment methodology.
            (3) Report.--Not later than December 1, 2000, the Commission 
        shall submit a report to Congress on the study conducted under 
        paragraph (1), together with any recommendations for legislation 
        that the Commission determines to be appropriate as a result of 
        such study.

    (c) Study and Report Regarding Reporting of Encounter Data.--
            (1) Study.--The Secretary of Health and Human Services shall 
        conduct a study on how to reduce the costs and burdens on 
        Medicare+Choice organizations of their complying with reporting 
        requirements for encounter data imposed by the Secretary in 
        establishing and implementing a risk adjustment methodology used 
        in making payments to such organizations under section 1853 of 
        the Social Security Act (42 U.S.C. 1395w-23). The Secretary 
        shall consult with representatives of Medicare+Choice 
        organizations in conducting the study. The study shall address 
        the following issues:
                    (A) Limiting the number and types of sites of 
                services (that are in addition to inpatient sites) for 
                which encounter data must be reported.
                    (B) Establishing alternative risk adjustment methods 
                that would require submission of less data.
                    (C) The potential for Medicare+Choice organizations 
                to misreport, overreport, or underreport prevalence of 
                diagnoses in outpatient sites of care, the potential for 
                increases in payments to Medicare+Choice organizations 
                from changes in Medicare+Choice plan coding practices 
                (commonly known as ``coding creep'') and proposed 
                methods for detecting and adjusting for such variations 
                in diagnosis coding as part of the risk adjustment 
                methodology using encounter data from multiple sites of 
                care.
                    (D) The impact of such requirements on the 
                willingness of insurers to offer Medicare+Choice MSA 
                plans and options for modifying encounter data reporting 
                requirements to accommodate such plans.

[[Page 113 STAT. 1501A-382]]

                    (E) Differences in the ability of Medicare+Choice 
                organizations to report encounter data, and the 
                potential for adverse competitive impacts on group and 
                staff model health maintenance organizations or other 
                integrated providers of care based on data reporting 
                capabilities.
            (2) Report.--Not later than January 1, 2001, the Secretary 
        shall submit a report to Congress on the study conducted under 
        this subsection, together with any recommendations for 
        legislation that the Secretary determines to be appropriate as a 
        result of such study.

SEC. 512. ENCOURAGING OFFERING OF MEDICARE+CHOICE PLANS IN AREAS WITHOUT 
            PLANS.

    Section 1853 (42 U.S.C. 1395w-23) is amended--
            (1) in subsection (a)(1), by striking ``subsections (e) and 
        (f)'' and inserting ``subsections (e), (g), and (i)'';
            (2) in subsection (c)(5), by inserting ``(other than those 
        attributable to subsection (i))'' after ``payments under this 
        part''; and
            (3) by adding at the end the following new subsection:

    ``(i) New Entry Bonus.--
            ``(1) In general.--Subject to paragraphs (2) and (3), in the 
        case of Medicare+Choice payment area in which a Medicare+Choice 
        plan has not been offered since 1997 (or in which all 
        organizations that offered a plan since such date have filed 
        notice with the Secretary, as of October 13, 1999, that they 
        will not be offering such a plan as of January 1, 2000), the 
        amount of the monthly payment otherwise made under this section 
        shall be increased--
                    ``(A) only for the first 12 months in which any 
                Medicare+Choice plan is offered in the area, by 5 
                percent of the total monthly payment otherwise computed 
                for such payment area; and
                    ``(B) only for the subsequent 12 months, by 3 
                percent of the total monthly payment otherwise computed 
                for such payment area.
            ``(2) Period of application.--Paragraph (1) shall only apply 
        to payment for Medicare+Choice plans which are first offered in 
        a Medicare+Choice payment area during the 2-year period 
        beginning on January 1, 2000.
            ``(3) Limitation to organization offering first plan in an 
        area.--Paragraph (1) shall only apply to payment to the first 
        Medicare+Choice organization that offers a Medicare+Choice plan 
        in each Medicare+Choice payment area, except that if more than 
        one such organization first offers such a plan in an area on the 
        same date, paragraph (1) shall apply to payment for such 
        organizations.
            ``(4) Construction.--Nothing in paragraph (1) shall be 
        construed as affecting the calculation of the annual 
        Medicare+Choice capitation rate under subsection (c) for any 
        payment area or as applying to payment for any period not 
        described in such paragraph and paragraph (2).
            ``(5) Offered defined.--In this subsection, the term 
        `offered' means, with respect to a Medicare+Choice plan as of a 
        date, that a Medicare+Choice eligible individual may enroll with 
        the plan on that date, regardless of when the enrollment

[[Page 113 STAT. 1501A-383]]

        takes effect or when the individual obtains benefits under the 
        plan.''.

SEC. 513. MODIFICATION OF 5-YEAR RE-ENTRY RULE FOR CONTRACT 
            TERMINATIONS.

    (a) Reduction of General Exclusion Period to 2 Years.--Section 
1857(c)(4) (42 U.S.C. 1395w-27(c)(4)) is amended by striking ``5-year 
period'' and inserting ``2-year period''.
    (b) Specific Exception Where Change in Payment Policy.--
            (1) In general.--Section 1857(c)(4) (42 U.S.C. 1395w-
        27(c)(4)) is amended--
                    (A) by striking ``except in circumstances'' and 
                inserting ``except as provided in subparagraph (B) and 
                except in such other circumstances'';
                    (B) by redesignating the sentence following ``(4)'' 
                as a subparagraph (A) with an appropriate indentation 
                and the heading ``In general.--''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) Earlier re-entry permitted where change in 
                payment policy.--Subparagraph (A) shall not apply with 
                respect to the offering by a Medicare+Choice 
                organization of a Medicare+Choice plan in a 
                Medicare+Choice payment area if during the 6-month 
                period beginning on the date the organization notified 
                the Secretary of the intention to terminate the most 
                recent previous contract, there was a legislative change 
                enacted (or a regulatory change adopted) that has the 
                effect of increasing payment amounts under section 1853 
                for that Medicare+Choice payment area.''.
            (2) Construction relating to additional exceptions.--Nothing 
        in the amendment made by paragraph (1)(C) shall be construed to 
        affect the authority of the Secretary of Health and Human 
        Services to provide for exceptions in addition to the exception 
        provided in such amendment, including exceptions provided under 
        Operational Policy Letter #103 (OPL99.103).

    (c) Effective Date.--The amendments made by this section apply to 
contract terminations occurring before, on, or after the date of the 
enactment of this Act.

SEC. 514. CONTINUED COMPUTATION AND PUBLICATION OF MEDICARE ORIGINAL 
            FEE-FOR-SERVICE EXPENDITURES ON A COUNTY-SPECIFIC BASIS.

    (a) In General.--Section 1853(b) (42 U.S.C. 1395w-23(b)) is amended 
by adding at the end the following new paragraph:
            ``(4) Continued computation and publication of county-
        specific per capita fee-for-service expenditure information.--
        The Secretary, through the Chief Actuary of the Health Care 
        Financing Administration, shall provide for the computation and 
        publication, on an annual basis beginning with 2001 at the time 
        of publication of the annual Medicare+Choice capitation rates 
        under paragraph (1), of the following information for the 
        original medicare fee-for-service program under parts A and B 
        (exclusive of individuals eligible for coverage under section 
        226A) for each Medicare+Choice payment area for the second 
        calendar year ending before the date of publication:

[[Page 113 STAT. 1501A-384]]

                    ``(A) Total expenditures per capita per month, 
                computed separately for part A and for part B.
                    ``(B) The expenditures described in subparagraph (A) 
                reduced by the best estimate of the expenditures (such 
                as graduate medical education and disproportionate share 
                hospital payments) not related to the payment of claims.
                    ``(C) The average risk factor for the covered 
                population based on diagnoses reported for medicare 
                inpatient services, using the same methodology as is 
                expected to be applied in making payments under 
                subsection (a).
                    ``(D) Such average risk factor based on diagnoses 
                for inpatient and other sites of service, using the same 
                methodology as is expected to be applied in making 
                payments under subsection (a).''.

    (b) Special Rule for 2001.--In providing for the publication of 
information under section 1853(b)(4) of the Social Security Act (42 
U.S.C. 1395w-23(b)(4)), as added by subsection (a), in 2001, the 
Secretary of Health and Human Services shall also include the 
information described in such section for 1998, as well as for 1999.

SEC. 515. FLEXIBILITY TO TAILOR BENEFITS UNDER MEDICARE+CHOICE PLANS.

    (a) In General.--Section 1854 (42 U.S.C. 1395w-24) is amended--
            (1) in subsection (a)(1), by inserting ``(or segment of such 
        an area if permitted under subsection (h))'' after ``service 
        area'' in the matter preceding subparagraph (A); and
            (2) by adding at the end the following:

    ``(h) Permitting Use of Segments of Service Areas.--The Secretary 
shall permit a Medicare+Choice organization to elect to apply the 
provisions of this section uniformly to separate segments of a service 
area (rather than uniformly to an entire service area) as long as such 
segments are composed of one or more Medicare+Choice payment areas.''.
    (b) Effective Date.--The amendments made by this section apply to 
contract years beginning on or after January 1, 2001.

SEC. 516. DELAY IN DEADLINE FOR SUBMISSION OF ADJUSTED COMMUNITY RATES.

    (a) Delay in Deadline for Submission of Adjusted Community Rates.--
Section 1854(a)(1) (42 U.S.C. 1395w-24(a)(1)) is amended by striking 
``May 1'' and inserting ``July 1'' in the matter preceding subparagraph 
(A).
    (b) Effective Date.--The amendment made by subsection (a) applies to 
information submitted by Medicare+Choice organizations for years 
beginning with 1999.

SEC. 517. REDUCTION IN ADJUSTMENT IN NATIONAL PER CAPITA MEDICARE+CHOICE 
            GROWTH PERCENTAGE FOR 2002.

    Section 1853(c)(6)(B)(v) (42 U.S.C. 1395w-23(c)(6)(B)(v)) is amended 
by striking ``0.5 percentage points'' and inserting ``0.3 percentage 
points''.

SEC. 518. DEEMING OF MEDICARE+CHOICE ORGANIZATION TO MEET REQUIREMENTS.

    Section 1852(e)(4) (42 U.S.C. 1395w-22(e)(4)) is amended to read as 
follows:

[[Page 113 STAT. 1501A-385]]

            ``(4) Treatment of accreditation.--
                    ``(A) In general.--The Secretary shall provide that 
                a Medicare+Choice organization is deemed to meet all the 
                requirements described in any specific clause of 
                subparagraph (B) if the organization is accredited (and 
                periodically reaccredited) by a private accrediting 
                organization under a process that the Secretary has 
                determined assures that the accrediting organization 
                applies and enforces standards that meet or exceed the 
                standards established under section 1856 to carry out 
                the requirements in such clause.
                    ``(B) Requirements described.--The provisions 
                described in this subparagraph are the following:
                          ``(i) Paragraphs (1) and (2) of this 
                      subsection (relating to quality assurance 
                      programs).
                          ``(ii) Subsection (b) (relating to 
                      antidiscrimination).
                          ``(iii) Subsection (d) (relating to access to 
                      services).
                          ``(iv) Subsection (h) (relating to 
                      confidentiality and accuracy of enrollee records).
                          ``(v) Subsection (i) (relating to information 
                      on advance directives).
                          ``(vi) Subsection (j) (relating to provider 
                      participation rules).
                    ``(C) Timely action on applications.--The Secretary 
                shall determine, within 210 days after the date the 
                Secretary receives an application by a private 
                accrediting organization and using the criteria 
                specified in section 1865(b)(2), whether the process of 
                the private accrediting organization meets the 
                requirements with respect to any specific clause in 
                subparagraph (B) with respect to which the application 
                is made. The Secretary may not deny such an application 
                on the basis that it seeks to meet the requirements with 
                respect to only one, or more than one, such specific 
                clause.
                    ``(D) Construction.--Nothing in this paragraph shall 
                be construed as limiting the authority of the Secretary 
                under section 1857, including the authority to terminate 
                contracts with Medicare+Choice organizations under 
                subsection (c)(2) of such section.''.

SEC. 519. TIMING OF MEDICARE+CHOICE HEALTH INFORMATION FAIRS.

    (a) In General.--Section 1851(e)(3)(C) (42 U.S.C. 1395w-21(e)(3)(C)) 
is amended by striking ``In the month of November'' and inserting 
``During the fall season''.
    (b) Effective Date.--The amendment made by subsection (a) first 
applies to campaigns conducted beginning in 2000.

SEC. 520. QUALITY ASSURANCE REQUIREMENTS FOR PREFERRED PROVIDER 
            ORGANIZATION PLANS.

    (a) In General.--Section 1852(e)(2) (42 U.S.C. 1395w-22(e)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``or a non-network MSA 
        plan'' and inserting ``, a non-network MSA plan, or a preferred 
        provider organization plan';
            (2) in subparagraph (B)--
                    (A) in the heading, by striking ``and non-network 
                msa plans'' and inserting ``, non-network msa plans, and 
                preferred provider organization plans''; and

[[Page 113 STAT. 1501A-386]]

                    (B) by striking ``or a non-network MSA plan'' and 
                inserting ``, a non-network MSA plan, or a preferred 
                provider organization plan'';
            (3) by adding at the end the following:
                    ``(D) Definition of preferred provider organization 
                plan.--In this paragraph, the term `preferred provider 
                organization plan' means a Medicare+Choice plan that--
                          ``(i) has a network of providers that have 
                      agreed to a contractually specified reimbursement 
                      for covered benefits with the organization 
                      offering the plan;
                          ``(ii) provides for reimbursement for all 
                      covered benefits regardless of whether such 
                      benefits are provided within such network of 
                      providers; and
                          ``(iii) is offered by an organization that is 
                      not licensed or organized under State law as a 
                      health maintenance organization.''.

    (b) Effective Date.--The amendments made by subsection (a) apply to 
contract years beginning on or after January 1, 2000.
    (c) Quality Improvement Standards.--
            (1) Study.--The Medicare Payment Advisory Commission shall 
        conduct a study on the appropriate quality improvement standards 
        that should apply to--
                    (A) each type of Medicare+Choice plan described in 
                section 1851(a)(2) of the Social Security Act (42 U.S.C. 
                1395w-21(a)(2)), including each type of Medicare+Choice 
                plan that is a coordinated care plan (as described in 
                subparagraph (A) of such section); and
                    (B) the original medicare fee-for-service program 
                under parts A and B title XVIII of such Act (42 U.S.C. 
                1395 et seq.).
            (2) Considerations.--Such study shall specifically examine 
        the effects, costs, and feasibility of requiring entities, 
        physicians, and other health care providers that provide items 
        and services under the original medicare fee-for-service program 
        to comply with quality standards and related reporting 
        requirements that are comparable to the quality standards and 
        related reporting requirements that are applicable to 
        Medicare+Choice organizations.
            (3) Report.--Not later than 2 years after the date of the 
        enactment of this Act, such Commission shall submit a report to 
        Congress on the study conducted under this subsection, together 
        with any recommendations for legislation that it determines to 
        be appropriate as a result of such study.

SEC. 521. CLARIFICATION OF NONAPPLICABILITY OF CERTAIN PROVISIONS OF 
            DISCHARGE PLANNING PROCESS TO MEDICARE+CHOICE PLANS.

    Section 1861(ee) (42 U.S.C. 1395x(ee)(2)(H)) is amended by adding at 
the end the following:
    ``(3) With respect to a discharge plan for an individual who is 
enrolled with a Medicare+Choice organization under a Medicare+Choice 
plan and is furnished inpatient hospital services by a hospital under a 
contract with the organization--
            ``(A) the discharge planning evaluation under paragraph 
        (2)(D) is not required to include information on the 
        availability of home health services through individuals and 
        entities which do not have a contract with the organization; and

[[Page 113 STAT. 1501A-387]]

            ``(B) notwithstanding subparagraph (H)(i), the plan may 
        specify or limit the provider (or providers) of post-hospital 
        home health services or other post-hospital services under the 
        plan.''.

SEC. 522. USER FEE FOR MEDICARE+CHOICE ORGANIZATIONS BASED ON NUMBER OF 
            ENROLLED BENEFICIARIES.

    (a) In General.--Section 1857(e)(2) (42 U.S.C. 1395w-27(e)(2)) is 
amended--
            (1) in subparagraph (B), by striking ``Any amounts collected 
        are authorized to be appropriated only for'' and inserting ``Any 
        amounts collected shall be available without further 
        appropriation to the Secretary for'';
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated for the purposes described 
                in subparagraph (B) for each fiscal year beginning with 
                fiscal year 2001 an amount equal to $100,000,000, 
                reduced by the amount of fees authorized to be collected 
                under this paragraph for the fiscal year.'';
            (3) in subparagraph (D)(ii)--
                    (A) in subclause (II), by striking ``and'';
                    (B) in subclause (III), by striking `` and each 
                subsequent fiscal year.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(IV) the Medicare+Choice portion (as defined 
                      in subparagraph (E)) of $100,000,000 in fiscal 
                      year 2001 and each succeeding fiscal year.''; and
            (4) by adding at the end the following:
                    ``(E) Medicare+choice portion defined.--In this 
                paragraph, the term `Medicare+Choice portion' means, for 
                a fiscal year, the ratio, as estimated by the Secretary, 
                of--
                          ``(i) the average number of individuals 
                      enrolled in Medicare+Choice plans during the 
                      fiscal year, to
                          ``(ii) the average number of individuals 
                      entitled to benefits under part A, and enrolled 
                      under part B, during the fiscal year.''.

    (b) Effective Date.--The amendments made by subsection (a) apply to 
fees charged on or after January 1, 2001. The Secretary of Health and 
Human Services may not increase the fees charged under section 
1857(e)(2) of the Social Security Act (42 U.S.C. 1395w-27(e)(2)) for the 
3-month period beginning with October 2000 above the level in effect 
during the previous 9-month period.

SEC. 523. CLARIFICATION REGARDING THE ABILITY OF A RELIGIOUS FRATERNAL 
            BENEFIT SOCIETY TO OPERATE ANY MEDICARE+CHOICE PLAN.

    Section 1859(e)(2) (42 U.S.C. 1395w-29(e)(2)) is amended in the 
matter preceding subparagraph (A) by striking ``section 1851(a)(2)(A)'' 
and inserting ``section 1851(a)(2)''.

SEC. 524. RULES REGARDING PHYSICIAN REFERRALS FOR MEDICARE+CHOICE 
            PROGRAM.

    (a) In General.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is 
amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (3) by adding at the end the following:

[[Page 113 STAT. 1501A-388]]

            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``, or''; and
                    ``(E) that is a Medicare+Choice organization under 
                part C that is offering a coordinated care plan 
                described in section 1851(a)(2)(A) to an individual 
                enrolled with the organization.''.

    (b) Effective Date.--The amendment made by this section shall apply 
to services furnished on or after the date of the enactment of this Act.

   Subtitle C--Demonstration Projects and Special Medicare Populations

SEC. 531. EXTENSION OF SOCIAL HEALTH MAINTENANCE ORGANIZATION 
            DEMONSTRATION (SHMO) PROJECT AUTHORITY.

    (a) Extension.--Section 4018(b) of the Omnibus Budget Reconciliation 
Act of 1987 (Public Law 100-203) is amended--
            (1) in paragraph (1), by striking ``December 31, 2000'' and 
        inserting ``the date that is 18 months after the date that the 
        Secretary submits to Congress the report described in section 
        4014(c) of the Balanced Budget Act of 1997'';
            (2) in paragraph (4), by striking ``March 31, 2001'' and 
        inserting ``the date that is 21 months after the date on which 
        Secretary submits to Congress the report described in section 
        4014(c) of the Balanced Budget Act of 1997''; and
            (3) by adding at the end of paragraph (4) the following: 
        ``Not later than 6 months after the date the Secretary submits 
        such final report, the Medicare Payment Advisory Commission 
        shall submit to Congress a report containing recommendations 
        regarding such project.''.

    (b) Substitution of Aggregate Cap.--Section 13567(c) of the Omnibus 
Budget Reconciliation Act of 1993 (Public Law 103-66) is amended to read 
as follows:
    ``(c) Aggregate Limit on Number of Members.--The Secretary of Health 
and Human Services may not impose a limit on the number of individuals 
that may participate in a project conducted under section 2355 of the 
Deficit Reduction Act of 1984, other than an aggregate limit of not less 
than 324,000 for all sites.''.

SEC. 532. EXTENSION OF MEDICARE COMMUNITY NURSING ORGANIZATION 
            DEMONSTRATION PROJECT.

    (a) Extension.--Notwithstanding any other provision of law, any 
demonstration project conducted under section 4079 of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-123; 42 U.S.C. 1395mm note) 
and conducted for the additional period of 2 years as provided for under 
section 4019 of BBA, shall be conducted for an additional period of 2 
years. The Secretary of Health and Human Services shall provide for such 
reduction in payments under such project in the extension period 
provided under the previous sentence as the Secretary determines is 
necessary to ensure that total Federal expenditures during the extension 
period under the project do not exceed the total Federal expenditures 
that would have been made under title XVIII of the Social Security Act 
if such project had not been so extended.

[[Page 113 STAT. 1501A-389]]

    (b) Report.--Not later than July 1, 2001, the Secretary of Health 
and Human Services shall submit to Congress a report describing the 
results of any demonstration project conducted under section 4079 of the 
Omnibus Budget Reconciliation Act of 1987, and describing the data 
collected by the Secretary relevant to the analysis of the results of 
such project, including the most recently available data through the end 
of 2000.

SEC. 533. MEDICARE+CHOICE COMPETITIVE BIDDING DEMONSTRATION PROJECT.

    Section 4011 of BBA (42 U.S.C. 1395w-23 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following (and conforming the indentation for the 
                remainder of the subsection accordingly):
            ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Delay in implementation.--The Secretary shall not 
        implement the project until January 1, 2002, or, if later, 6 
        months after the date the Competitive Pricing Advisory Committee 
        has submitted to Congress a report on each of the following 
        topics:
                    ``(A) Incorporation of original medicare fee-for-
                service program into project.--What changes would be 
                required in the project to feasibly incorporate the 
                original medicare fee-for-service program into the 
                project in the areas in which the project is 
                operational.
                    ``(B) Quality activities.--The nature and extent of 
                the quality reporting and monitoring activities that 
                should be required of plans participating in the 
                project, the estimated costs that plans will incur as a 
                result of these requirements, and the current ability of 
                the Health Care Financing Administration to collect and 
                report comparable data, sufficient to support comparable 
                quality reporting and monitoring activities with respect 
                to beneficiaries enrolled in the original medicare fee-
                for-service program generally.
                    ``(C) Rural project.--The current viability of 
                initiating a project site in a rural area, given the 
                site specific budget neutrality requirements of the 
                project under subsection (g), and insofar as the 
                Committee decides that the addition of such a site is 
                not viable, recommendations on how the project might 
                best be changed so that such a site is viable.
                    ``(D) Benefit structure.--The nature and extent of 
                the benefit structure that should be required of plans 
                participating in the project, the rationale for such 
                benefit structure, the potential implications that any 
                benefit standardization requirement may have on the 
                number of plan choices available to a beneficiary in an 
                area designated under the project, the potential 
                implications of requiring participating plans to offer 
                variations on any standardized benefit package the 
                committee might recommend, such that a beneficiary could 
                elect to pay a higher percentage of out-of-pocket costs 
                in exchange for a lower premium (or premium rebate as 
                the case may be), and the potential

[[Page 113 STAT. 1501A-390]]

                implications of expanding the project (in conjunction 
                with the potential inclusion of the original medicare 
                fee-for-service program) to require medicare 
                supplemental insurance plans operating in an area 
                designated under the project to offer a coordinated and 
                comparable standardized benefit package.
            ``(3) Conforming deadlines.--Any dates specified in the 
        succeeding provisions of this section shall be delayed (as 
        specified by the Secretary) in a manner consistent with the 
        delay effected under paragraph (2).''; and
            (2) in subsection (c)(1)(A)--
                    (A) by striking ``and'' at the end of clause (i); 
                and
                    (B) by adding at the end the following new clause:
                          ``(iii) establish beneficiary premiums for 
                      plans offered in such area in a manner such that a 
                      beneficiary who enrolls in an offered plan the per 
                      capita bid for which is less than the standard per 
                      capita government contribution (as established by 
                      the competitive pricing methodology established 
                      for such area) may, at the plan's election, be 
                      offered a rebate of some or all of the medicare 
                      part B premium that such individual must otherwise 
                      pay in order to participate in a Medicare+Choice 
                      plan under the Medicare+Choice program; and''.

SEC. 534. EXTENSION OF MEDICARE MUNICIPAL HEALTH SERVICES DEMONSTRATION 
            PROJECTS.

    Section 9215(a) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985, as amended by section 6135 of the Omnibus Budget 
Reconciliation Act of 1989, section 13557 of the Omnibus Budget 
Reconciliation Act of 1993, and section 4017 of BBA, is amended by 
striking ``December 31, 2000'' and inserting ``December 31, 2002''.

SEC. 535. MEDICARE COORDINATED CARE DEMONSTRATION PROJECT.

    Section 4016(e)(1)(A)(ii) of BBA (42 U.S.C. 1395b-1 note) is amended 
to read as follows:
                          ``(ii) Cancer hospital.--In the case of the 
                      project described in subsection (b)(2)(C), the 
                      Secretary shall provide for the transfer from the 
                      Federal Hospital Insurance Trust Fund and the 
                      Federal Supplementary Insurance Trust Fund under 
                      title XVIII of the Social Security Act (42 U.S.C. 
                      1395i, 1395t), in such proportions as the 
                      Secretary determines to be appropriate, of such 
                      funds as are necessary to cover costs of the 
                      project, including costs for information 
                      infrastructure and recurring costs of case 
                      management services, flexible benefits, and 
                      program management.''.

SEC. 536. MEDIGAP PROTECTIONS FOR PACE PROGRAM ENROLLEES.

    (a) In General.--Section 1882(s)(3)(B) (42 U.S.C. 1395ss(s)(3)(B)) 
is amended--
            (1) in clause (ii), by inserting ``or the individual is 65 
        years of age or older and is enrolled with a PACE provider under 
        section 1894, and there are circumstances that would permit the 
        discontinuance of the individual's enrollment with such provider 
        under circumstances that are similar to the circumstances that 
        would permit discontinuance of the individual's

[[Page 113 STAT. 1501A-391]]

        election under the first sentence of such section if such 
        individual were enrolled in a Medicare+Choice plan'' before the 
        period;
            (2) in clause (v)(II), by inserting ``any PACE provider 
        under section 1894,'' after ``demonstration project 
        authority,''; and
            (3) in clause (vi)--
                    (A) by inserting ``or in a PACE program under 
                section 1894'' after ``part C''; and
                    (B) by striking ``such plan'' and inserting ``such 
                plan or such program''.

    (b) Effective Date.--The amendments made by this section shall apply 
to terminations or discontinuances made on or after the date of the 
enactment of this Act.

   Subtitle D--Medicare+Choice Nursing and Allied Health Professional 
                           Education Payments

SEC. 541. MEDICARE+CHOICE NURSING AND ALLIED HEALTH PROFESSIONAL 
            EDUCATION PAYMENTS.

    (a) Additional Payments for Nursing and Allied Health Education.--
Section 1886 (42 U.S.C. 1395ww) is amended by adding at the end the 
following new subsection:
    ``(l) Payment for Nursing and Allied Health Education for Managed 
Care Enrollees.--
            ``(1) In general.--For portions of cost reporting periods 
        occurring in a year (beginning with 2000), the Secretary shall 
        provide for an additional payment amount for any hospital that 
        receives payments for the costs of approved educational 
        activities for nurse and allied health professional training 
        under section 1861(v)(1).
            ``(2) Payment amount.--The additional payment amount under 
        this subsection for each hospital for portions of cost reporting 
        periods occurring in a year shall be an amount specified by the 
        Secretary in a manner consistent with the following:
                    ``(A) Determination of managed care enrollee payment 
                ratio for graduate medical education payments.--The 
                Secretary shall estimate the ratio of payments for all 
                hospitals for portions of cost reporting periods 
                occurring in the year under subsection (h)(3)(D) to 
                total direct graduate medical education payments 
                estimated for such portions of periods under subsection 
                (h)(3).
                    ``(B) Application to fee-for-service nursing and 
                allied health education payments.--Such ratio shall be 
                applied to the Secretary's estimate of total payments 
                for nursing and allied health education determined under 
                section 1861(v) for portions of cost reporting periods 
                occurring in the year to determine a total amount of 
                additional payments for nursing and allied health 
                education to be distributed to hospitals under this 
                subsection for portions of cost reporting periods 
                occurring in the year; except that in no case shall such 
                total amount exceed $60,000,000 in any year.
                    ``(C) Application to hospital.--The amount of 
                payment under this subsection to a hospital for portions 
                of

[[Page 113 STAT. 1501A-392]]

                cost reporting periods occurring in a year is equal to 
                the total amount of payments determined under 
                subparagraph (B) for the year multiplied by the 
                Secretary's estimate of the ratio of the amount of 
                payments made under section 1861(v) to the hospital for 
                nursing and allied health education activities for the 
                hospital's cost reporting period ending in the second 
                preceding fiscal year to the total of such amounts for 
                all hospitals for such cost reporting periods.''.

    (b) Adjustments in Payments for Direct Graduate Medical Education.--
Section 1886(h)(3)(D) (42 U.S.C. 1395ww(h)(3)(D)) is amended--
            (1) in clause (i), by inserting ``, subject to clause 
        (iii),'' after ``shall equal'';
            (2) by redesignating clause (iii) as clause (iv); and
            (3) by inserting after clause (ii) the following new clause:
                          ``(iii) Proportional reduction for nursing and 
                      allied health education.--The Secretary shall 
                      estimate a proportional adjustment in payments to 
                      all hospitals determined under clauses (i) and 
                      (ii) for portions of cost reporting periods 
                      beginning in a year (beginning with 2000) such 
                      that the proportional adjustment reduces payments 
                      in an amount for such year equal to the total 
                      additional payment amounts for nursing and allied 
                      health education determined under subsection (l) 
                      for portions of cost reporting periods occurring 
                      in that year.''.

                     Subtitle E--Studies and Reports

SEC. 551. REPORT ON ACCOUNTING FOR VA AND DOD EXPENDITURES FOR MEDICARE 
            BENEFICIARIES.

    Not later April 1, 2001, the Secretary of Health and Human Services, 
jointly with the Secretaries of Defense and of Veterans Affairs, shall 
submit to Congress a report on the estimated use of health care services 
furnished by the Departments of Defense and of Veterans Affairs to 
medicare beneficiaries, including both beneficiaries under the original 
medicare fee-for-service program and under the Medicare+Choice program. 
The report shall include an analysis of how best to properly account for 
expenditures for such services in the computation of Medicare+Choice 
capitation rates.

SEC. 552. MEDICARE PAYMENT ADVISORY COMMISSION STUDIES AND REPORTS.

    (a) Development of Special Payment Rules Under the Medicare+Choice 
Program for Frail Elderly Enrolled in Specialized Programs.--
            (1) Study.--The Medicare Payment Advisory Commission shall 
        conduct a study on the development of a payment methodology 
        under the Medicare+Choice program for frail elderly 
        Medicare+Choice beneficiaries enrolled in a Medicare+Choice plan 
        under a specialized program for the frail elderly that--
                    (A) accounts for the prevalence, mix, and severity 
                of chronic conditions among such frail elderly 
                Medicare+Choice beneficiaries;

[[Page 113 STAT. 1501A-393]]

                    (B) includes medical diagnostic factors from all 
                provider settings (including hospital and nursing 
                facility settings); and
                    (C) includes functional indicators of health status 
                and such other factors as may be necessary to achieve 
                appropriate payments for plans serving such 
                beneficiaries.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Commission shall submit a report to 
        Congress on the study conducted under paragraph (1), together 
        with any recommendations for legislation that the Commission 
        determines to be appropriate as a result of such study.

    (b) Report on Medicare MSA (Medical Savings Account) Plans.--Not 
later than 1 year after the date of the enactment of this Act, the 
Medicare Payment Assessment Commission shall submit to Congress a report 
on specific legislative changes that should be made to make MSA plans 
(as defined in section 1859(b)(3) of the Social Security Act, 42 U.S.C. 
1395w-29(b)(3)) a viable option under the Medicare+Choice program.

SEC. 553. GAO STUDIES, AUDITS, AND REPORTS.

    (a) Study of Medigap Policies.--
            (1) In general.--The Comptroller General of the United 
        States (in this section referred to as the ``Comptroller 
        General'') shall conduct a study of the issues described in 
        paragraph (2) regarding medicare supplemental policies described 
        in section 1882(g)(1) of the Social Security Act (42 U.S.C. 
        1395ss(g)(1)).
            (2) Issues to be studied.--The issues described in this 
        paragraph are the following:
                    (A) The level of coverage provided by each type of 
                medicare supplemental policy.
                    (B) The current enrollment levels in each type of 
                medicare supplemental policy.
                    (C) The availability of each type of medicare 
                supplemental policy to medicare beneficiaries over age 
                65\1/2\.
                    (D) The number and type of medicare supplemental 
                policies offered in each State.
                    (E) The average out-of-pocket costs (including 
                premiums) per beneficiary under each type of medicare 
                supplemental policy.
            (2) Report.--Not later than July 31, 2001, the Comptroller 
        General shall submit a report to Congress on the results of the 
        study conducted under this subsection, together with any 
        recommendations for legislation that the Comptroller General 
        determines to be appropriate as a result of such study.

    (b) GAO Audit and Reports on the Provision of Medicare+Choice Health 
Information to Beneficiaries.--
            (1) In general.--Beginning in 2000, the Comptroller General 
        shall conduct an annual audit of the expenditures by the 
        Secretary of Health and Human Services during the preceding year 
        in providing information regarding the Medicare+Choice program 
        under part C of title XVIII of the Social Security Act (42 
        U.S.C. 1395w-21 et seq.) to eligible medicare beneficiaries.
            (3) Reports.--Not later than March 31 of 2001, 2004, 2007, 
        and 2010, the Comptroller General shall submit a report

[[Page 113 STAT. 1501A-394]]

        to Congress on the results of the audit of the expenditures of 
        the preceding 3 years conducted pursuant to subsection (a), 
        together with an evaluation of the effectiveness of the means 
        used by the Secretary of Health and Human Services in providing 
        information regarding the Medicare+Choice program under part C 
        of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et 
        seq.) to eligible medicare beneficiaries.

                           TITLE VI--MEDICAID

SEC. 601. INCREASE IN DSH ALLOTMENT FOR CERTAIN STATES AND THE DISTRICT 
            OF COLUMBIA.

    (a) In General.--The table in section 1923(f)(2) (42 U.S.C. 1396r-
4(f)(2)) is amended under each of the columns for FY 00, FY 01, and FY 
02--
            (1) in the entry for the District of Columbia, by striking 
        ``23'' and inserting ``32'';
            (2) in the entry for Minnesota, by striking ``16'' and 
        inserting ``33'';
            (3) in the entry for New Mexico, by striking ``5'' and 
        inserting ``9''; and
            (4) in the entry for Wyoming, by striking ``0'' and 
        inserting ``0.1''.

    (b) Effective Date.--The amendments made by subsection (a) take 
effect on October 1, 1999, and applies to expenditures made on or after 
such date.

SEC. 602. REMOVAL OF FISCAL YEAR LIMITATION ON CERTAIN TRANSITIONAL 
            ADMINISTRATIVE COSTS ASSISTANCE.

    (a) In General.--Section 1931(h) (42 U.S.C. 1396u-1(h)) is amended--
            (1) in paragraph (3), by striking ``and ending with fiscal 
        year 2000''; and
            (2) by striking paragraph (4).

    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 114 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104-193; 110 Stat. 2177).

SEC. 603. MODIFICATION OF THE PHASE-OUT OF PAYMENT FOR FEDERALLY-
            QUALIFIED HEALTH CENTER SERVICES AND RURAL HEALTH CLINIC 
            SERVICES BASED ON REASONABLE COSTS.

    (a) Modification of Phase-Out.--
            (1) In general.--Section 1902(a)(13)(C)(i) (42 U.S.C. 
        1396a(a)(13)(C)(i)) is amended by striking ``90 percent for 
        services furnished during fiscal year 2001, 85 percent for 
        services furnished during fiscal year 2002, or 70 percent for 
        services furnished during fiscal year 2003'' and inserting 
        ``fiscal year 2001, or fiscal year 2002, 90 percent for services 
        furnished during fiscal year 2003, or 85 percent for services 
        furnished during fiscal year 2004''.
            (2) Conforming amendment to end of transitional payment 
        rules.--Section 4712(c) of BBA (111 Stat. 509) is amended by 
        striking ``2003'' and inserting ``2004''.

[[Page 113 STAT. 1501A-395]]

            (3) Effective date.--The amendments made by this subsection 
        shall take effect as if included in the enactment of section 
        4712 of BBA (111 Stat. 508).

    (b) GAO Study and Report.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress that evaluates the effect on 
Federally-qualified health centers and rural health clinics and on the 
populations served by such centers and clinics of the phase-out and 
elimination of the reasonable cost basis for payment for Federally-
qualified health center services and rural health clinic services 
provided under section 1902(a)(13)(C)(i) of the Social Security Act (42 
U.S.C. 1396a(a)(13)(C)(i)), as amended by section 4712 of BBA (111 Stat. 
508) and subsection (a) of this section. Such report shall include an 
analysis of the amount, method, and impact of payments made by States 
that have provided for payment under title XIX of such Act for such 
services on a basis other than payment of costs which are reasonable and 
related to the cost of furnishing such services, together with any 
recommendations for legislation, including whether a new payment system 
is needed, that the Comptroller General determines to be appropriate as 
a result of the study.

SEC. 604. PARITY IN REIMBURSEMENT FOR CERTAIN UTILIZATION AND QUALITY 
            CONTROL SERVICES; ELIMINATION OF DUPLICATIVE REQUIREMENTS 
            FOR EXTERNAL QUALITY REVIEW OF MEDICAID MANAGED CARE 
            ORGANIZATIONS.

    (a) Parity in Reimbursement for Certain Utilization and Quality 
Control Services.--
            (1) Interim amendment to remove references to quality 
        review.--Section 1902(d) (42 U.S.C. 1396a(d)) is amended by 
        striking ``for the performance of the quality review functions 
        described in subsection (a)(30)(C),''.
            (2) Final amendments to remove references to quality 
        review.--
                    (A) Section 1902.--Section 1902(d) (42 U.S.C. 
                1396a(d)) is amended by striking ``(including quality 
                review functions described in subsection (a)(30)(C))''.
                    (B) Section 1903.--Section 1903(a)(3)(C)(i) (42 
                U.S.C. 1396b(a)(3)(C)(i)) is amended by striking ``or 
                quality review''.

    (b) Elimination of Duplicative Requirements for External Quality 
Review of Medicaid Managed Care Organizations.--
            (1) In general.--Section 1902(a)(30) (42 U.S.C. 
        1396a(a)(30)) is amended--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B)(ii), by striking ``and'' at 
                the end; and
                    (C) by striking subparagraph (C).
            (2) Conforming amendment.--Section 1903(m)(6)(B) (42 U.S.C. 
        1396b(m)(6)(B)) is amended--
                    (A) in clause (ii), by adding ``and'' at the end;
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (iv).

    (c) Effective Dates.--

[[Page 113 STAT. 1501A-396]]

            (1) The amendment made by subsection (a)(1) applies to 
        expenditures made on and after the date of the enactment of this 
        Act.
            (2) The amendments made by subsections (a)(2) and (b) apply 
        as of such date as the Secretary of Health and Human Services 
        certifies to Congress that the Secretary is fully implementing 
        section 1932(c)(2) of the Social Security Act (42 U.S.C. 1396u-
        2(c)(2)).

SEC. 605. INAPPLICABILITY OF ENHANCED MATCH UNDER THE STATE CHILDREN'S 
            HEALTH INSURANCE PROGRAM TO MEDICAID DSH PAYMENTS.

    (a) In General.--The last sentence of section 1905(b) (42 U.S.C. 
1396d(b)) is amended by inserting ``(other than expenditures under 
section 1923)'' after ``with respect to expenditures''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on October 1, 1999, and applies to expenditures made on or after 
such date.

SEC. 606. OPTIONAL DEFERMENT OF THE EFFECTIVE DATE FOR OUTPATIENT DRUG 
            AGREEMENTS.

    (a) In General.--Section 1927(a)(1) (42 U.S.C. 1396r-8(a)(1)) is 
amended by striking ``shall not be effective until'' and inserting 
``shall become effective as of the date on which the agreement is 
entered into or, at State option, on any date thereafter on or before''.
    (b) Effective Date.--The amendment made by subsection (a) applies to 
agreements entered into on or after the date of enactment of this Act.

SEC. 607. MAKING MEDICAID DSH TRANSITION RULE PERMANENT.

    (a) In General.--Section 4721(e) of BBA (42 U.S.C. 1396r-4 note) is 
amended--
            (1) in the matter before paragraph (1), by striking 
        ``1923(g)(2)(A)'' and ``1396r-4(g)(2)(A)'' and inserting 
        ``1923(g)(2)'' and ``1396r-4(g)(2)'', respectively;
            (2) in paragraphs (1) and (2)--
                    (A) by striking ``, and before July 1, 1999''; and
                    (B) by striking ``in such section'' and inserting 
                ``in subparagraph (A) of such section''; and
            (3) by striking ``and'' at the end of paragraph (1), by 
        striking the period at the end of paragraph (2) and inserting 
        ``; and'', and by adding at the end the following new paragraph:
            ``(3) effective for State fiscal years that begin on or 
        after July 1, 1999, `or (b)(1)(B)' were inserted in section 
        1923(g)(2)(B)(ii)(I) after `(b)(1)(A)'.''.

    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of section 4721(e) of BBA.

SEC. 608. MEDICAID TECHNICAL CORRECTIONS.

    (a) Section 1902(a)(64) (42 U.S.C. 1396a(a)(64)) is amended by 
adding ``and'' at the end.
    (b) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``of 
of'' and inserting ``of''.
    (c) Section 1902(l) (42 U.S.C. 1396a(l)) is amended--
            (1) in paragraph (1)(C), by striking ``children children'' 
        and inserting ``children'';

[[Page 113 STAT. 1501A-397]]

            (2) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking the first comma after ``(a)(10)(A)(i)(VII)''; 
        and
            (3) in paragraph (4)(B), by inserting a comma after 
        ``(a)(10)(A)(i)(IV)''.

    (d) Section 1902(v) (42 U.S.C. 1396a(v)) is amended by striking 
``(1)''.
    (e) Section 1903(b)(4) (42 U.S.C. 1396b(b)(4)) is amended, in the 
matter preceding subparagraph (A), by inserting ``of'' after ``for the 
use''.
    (f) The left margins of clauses (i) and (ii) of section 
1903(d)(3)(B) (42 U.S.C. 1396b(d)(3)(B)) are each realigned so as to 
align with the left margin of section 1903(d)(3)(A).
    (g) Section 1903(f)(2) (42 U.S.C. 1396b(f)(2)) is amended by 
striking the extra period at the end.
    (h) Section 1903(i)(14) (1396b(i)(14)) is amended by adding ``or'' 
after the semicolon.
    (i) Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is amended--
            (1) in clause (vi), by striking the semicolon the first 
        place it appears; and
            (2) by redesignating the clause (xi) added by section 
        4701(c)(3) of BBA (111 Stat. 493) as clause (xii).

    (j) Section 1903(o) (42 U.S.C. 1396b(o)) is amended by striking 
``1974))'' and inserting ``1974)''.
    (k) Section 1903(w) (42 U.S.C. 1396b(w)) is amended--
            (1) in paragraph (1)(B), by striking ``puroses'' and 
        inserting ``purposes'';
            (2) in paragraph (3)(B), by inserting a comma after ``(D)''; 
        and
            (3) by realigning the left margin of clause (viii) in 
        paragraph (7)(A) so as to align with the left margin of clause 
        (vii) of that paragraph.

    (l) Section 1905(b)(1) (42 U.S.C. 1396d(b)(1)) is amended by 
striking ``per centum,,'' and inserting ``per centum,''.
    (m) Section 1905(l)(2)(B) (42 U.S.C. 1936d(l)(2)(B)) is amended by 
striking ``a entity'' and inserting ``an entity''.
    (n) The heading for section 1910 (42 U.S.C. 1396i) is amended by 
striking ``of'' the first place it appears.
    (o) Section 1915 (42 U.S.C. 1396n) is amended--
            (1) in subsection (b), by striking ``1902(a)(13)(E)'' and 
        inserting ``1902(a)(13)(C)'';
            (2) in the last sentence of subsection (d)(5)(B)(iii), by 
        striking ``75'' and inserting ``65''; and
            (3) in subsection (h), by striking ``90 day'' and inserting 
        ``90 days''.

    (p) Section 1919 (42 U.S.C. 1396r) is amended--
            (1) in subsection (b)(3)(C)(i)(I), by striking ``not later 
        than'' the first place it appears; and
            (2) in subsection (d)(4)(A), by striking ``1124'' and 
        inserting ``1124)''.

    (q) Section 1920(b)(2)(D)(i)(I) (42 U.S.C. 1396r-1(b)(2)(D)(i)(I)) 
is amended by striking ``329, 330, or 340'' and inserting ``330 or 
330A''.
    (r) Section 1920A(d)(1)(B) (42 U.S.C. 1396r-1a(d)(1)(B)) is amended 
by striking ``a entity'' and inserting ``an entity''.
    (s) Section 1923(c)(3)(B) (42 U.S.C. 1396r-4(c)(3)(B)) is amended by 
striking ``patients.'' and inserting ``patients,''.

[[Page 113 STAT. 1501A-398]]

    (t) Section 1925 (42 U.S.C. 1396r-6) is amended--
            (1) in subsection (a)(3)(C), by striking ``(i)(VI) 
        (i)(VII),,'' and inserting ``(i)(VI), (i)(VII),''; and
            (2) in subsection (b)(3)(C)(i), by striking ``(i)(IV) 
        (i)(VI) (i)(VII),,'' and inserting ``(i)(IV), (i)(VI), 
        (i)(VII),''.

    (u) Section 1927 (42 U.S.C. 1396r-8) is amended--
            (1) in subsection (g)(2)(A)(ii)(II)(cc), by striking 
        ``individuals'' and inserting ``individual's'';
            (2) in subsection (i)(1), by striking ``the the'' and 
        inserting ``the''; and
            (3) in subsection (k)(7)--
                    (A) in subparagraph (A)(iv), by striking 
                ``distributers'' and inserting ``distributors''; and
                    (B) in subparagraph (C)(i), by striking 
                ``pharmaceuutically'' and inserting 
                ``pharmaceutically''.

    (v) Section 1929 (42 U.S.C. 1396t) is amended--
            (1) in subsection (c)(2), by realigning the left margins of 
        clauses (i) and (ii) of subparagraph (E) so as to align with the 
        left margins of clauses (i) and (ii) of subparagraph (F) of that 
        subsection;
            (2) in subsection (k)(1)(A)(i), by striking ``settings,'' 
        and inserting ``settings),''; and
            (3) in subsection (l), by striking ``State wideness'' and 
        inserting ``Statewideness''.

    (w) Section 1932 (42 U.S.C. 1396u-2) is amended--
            (1) in subsection (c)(2)(C), by inserting ``part'' before 
        ``C of title XVIII''; and
            (2) in subsection (d)--
                    (A) in paragraph (1)(C)(ii), by striking ``Act'' and 
                inserting ``Regulation''; and
                    (B) in paragraph (2)(B), by striking ``1903(t)(3)'' 
                and inserting ``1905(t)(3)''.

    (x) Section 1933(b)(4) (42 U.S.C. 1396u-3(b)(4)) is amended by 
inserting ``a'' after ``for a month in''.
    (y)(1) The section 1908 (42 U.S.C. 1396g-1) that relates to required 
laws relating to medical child support is redesignated as section 1908A.
    (2) Section 1902(a)(60) (42 U.S.C. 1396b(a)(60)) is amended by 
striking ``1908'' and inserting ``1908A''.
    (z) Effective October 1, 2004, section 1915(b) (42 U.S.C. 1396n(b)) 
is amended, in the matter preceding paragraph (1), by striking 
``sections 1902(a)(13)(C) and'' and inserting ``section''.
    (aa) Effective as if included in the enactment of BBA--
            (1) section 1902(a)(10)(A)(ii)(XIV) (42 U.S.C. 
        1396a(a)(10)(A)(ii)(XIV)) is amended by striking 
        ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)'';
            (2) section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended, 
        in the matter preceding subparagraph (A), by striking 
        ``1905(p)(1), or 1905(u)'' and inserting 
        ``1902(a)(10)(A)(ii)(XIII), 1902(a)(10)(A)(ii)(XIV), or 
        1905(p)(1)''; and
            (3) section 1905(a)(15) (42 U.S.C. 1396d(a)(15)) is amended 
        by striking ``1902(a)(31)(A)'' and inserting ``1902(a)(31)''.

    (bb) Except as otherwise provided, the amendments made by this 
section shall take effect on the date of enactment of this Act.

[[Page 113 STAT. 1501A-399]]

      TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

SEC. 701. STABILIZING THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM 
            ALLOTMENT FORMULA.

    (a) In General.--Section 2104(b) (42 U.S.C. 1397dd(b)) is amended--
            (1) in paragraph (2)(A)--
                    (A) in clause (i), by striking ``through 2000'' and 
                inserting ``and 1999''; and
                    (B) in clause (ii), by striking ``2001'' and 
                inserting ``2000'';
            (2) by amending paragraph (4) to read as follows:
            ``(4) Floors and ceilings in state allotments.--
                    ``(A) In general.--The proportion of the allotment 
                under this subsection for a subsection (b) State (as 
                defined in subparagraph (D)) for fiscal year 2000 and 
                each fiscal year thereafter shall be subject to the 
                following floors and ceilings:
                          ``(i) Floor of $2,000,000.--A floor equal to 
                      $2,000,000 divided by the total of the amount 
                      available under this subsection for all such 
                      allotments for the fiscal year.
                          ``(ii) Annual floor of 10 percent below 
                      preceding fiscal year's proportion.--A floor of 90 
                      percent of the proportion for the State for the 
                      preceding fiscal year.
                          ``(iii) Cumulative floor of 30 percent below 
                      the fy 1999 proportion.--A floor of 70 percent of 
                      the proportion for the State for fiscal year 1999.
                          ``(iv) Cumulative ceiling of 45 percent above 
                      fy 1999 proportion.--A ceiling of 145 percent of 
                      the proportion for the State for fiscal year 1999.
                    ``(B) Reconciliation.--
                          ``(i) Elimination of any deficit by 
                      establishing a percentage increase ceiling for 
                      states with highest annual percentage increases.--
                      To the extent that the application of subparagraph 
                      (A) would result in the sum of the proportions of 
                      the allotments for all subsection (b) States 
                      exceeding 1.0, the Secretary shall establish a 
                      maximum percentage increase in such proportions 
                      for all subsection (b) States for the fiscal year 
                      in a manner so that such sum equals 1.0.
                          ``(ii) Allocation of surplus through pro rata 
                      increase.--To the extent that the application of 
                      subparagraph (A) would result in the sum of the 
                      proportions of the allotments for all subsection 
                      (b) States being less than 1.0, the proportions of 
                      such allotments (as computed before the 
                      application of floors under clauses (i), (ii), and 
                      (iii) of subparagraph (A)) for all subsection (b) 
                      States shall be increased in a pro rata manner 
                      (but not to exceed the ceiling established under 
                      subparagraph (A)(iv)) so that (after the 
                      application of such floors and ceiling) such sum 
                      equals 1.0.

[[Page 113 STAT. 1501A-400]]

                    ``(C) Construction.--This paragraph shall not be 
                construed as applying to (or taking into account) 
                amounts of allotments redistributed under subsection 
                (f).
                    ``(D) Definitions.--In this paragraph:
                          ``(i) Proportion of allotment.--The term 
                      `proportion' means, with respect to the allotment 
                      of a subsection (b) State for a fiscal year, the 
                      amount of the allotment of such State under this 
                      subsection for the fiscal year divided by the 
                      total of the amount available under this 
                      subsection for all such allotments for the fiscal 
                      year.
                          ``(ii) Subsection (b) state.--The term 
                      `subsection (b) State' means one of the 50 States 
                      or the District of Columbia.'';
            (3) in paragraph (2)(B), by striking ``the fiscal year'' and 
        inserting ``the calendar year in which such fiscal year 
        begins''; and
            (4) in paragraph (3)(B), by striking ``the fiscal year 
        involved'' and inserting ``the calendar year in which such 
        fiscal year begins''.

    (b) Effective Date.--The amendments made by this section apply to 
allotments determined under title XXI of the Social Security Act (42 
U.S.C. 1397aa et seq.) for fiscal year 2000 and each fiscal year 
thereafter.

SEC. 702. INCREASED ALLOTMENTS FOR TERRITORIES UNDER THE STATE 
            CHILDREN'S HEALTH INSURANCE PROGRAM.

    Section 2104(c)(4)(B) (42 U.S.C. 1397dd(c)(4)(B)) is amended by 
inserting ``, $34,200,000 for each of fiscal years 2000 and 2001, 
$25,200,000 for each of fiscal years 2002 through 2004, $32,400,000 for 
each of fiscal years 2005 and 2006, and $40,000,000 for fiscal year 
2007'' before the period.

SEC. 703. IMPROVED DATA COLLECTION AND EVALUATIONS OF THE STATE 
            CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) Funding for Reliable Annual State-by-State Estimates on the 
Number of Children Who Do Not Have Health Insurance Coverage.--Section 
2109 (42 U.S.C. 1397ii) is amended by adding at the end the following:
    ``(b) Adjustment to Current Population Survey To Include State-by-
State Data Relating to Children Without Health Insurance Coverage.--
            ``(1) In general.--The Secretary of Commerce shall make 
        appropriate adjustments to the annual Current Population Survey 
        conducted by the Bureau of the Census in order to produce 
        statistically reliable annual State data on the number of low-
        income children who do not have health insurance coverage, so 
        that real changes in the uninsurance rates of children can 
        reasonably be detected. The Current Population Survey should 
        produce data under this subsection that categorizes such 
        children by family income, age, and race or ethnicity. The 
        adjustments made to produce such data shall include, where 
        appropriate, expanding the sample size used in the State 
        sampling units, expanding the number of sampling units in a 
        State, and an appropriate verification element.
            ``(2) Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are

[[Page 113 STAT. 1501A-401]]

        appropriated $10,000,000 for fiscal year 2000 and each fiscal 
        year thereafter for the purpose of carrying out this 
        subsection.''.

    (b) Federal Evaluation of State Children's Health Insurance 
Programs.--Section 2108 (42 U.S.C. 1397hh) is amended by adding at the 
end the following:
    ``(c) Federal Evaluation.--
            ``(1) In general.--The Secretary, directly or through 
        contracts or interagency agreements, shall conduct an 
        independent evaluation of 10 States with approved child health 
        plans.
            ``(2) Selection of states.--In selecting States for the 
        evaluation conducted under this subsection, the Secretary shall 
        choose 10 States that utilize diverse approaches to providing 
        child health assistance, represent various geographic areas 
        (including a mix of rural and urban areas), and contain a 
        significant portion of uncovered children.
            ``(3) Matters included.--In addition to the elements 
        described in subsection (b)(1), the evaluation conducted under 
        this subsection shall include each of the following:
                    ``(A) Surveys of the target population (enrollees, 
                disenrollees, and individuals eligible for but not 
                enrolled in the program under this title).
                    ``(B) Evaluation of effective and ineffective 
                outreach and enrollment practices with respect to 
                children (for both the program under this title and the 
                medicaid program under title XIX), and identification of 
                enrollment barriers and key elements of effective 
                outreach and enrollment practices, including practices 
                that have successfully enrolled hard-to-reach 
                populations such as children who are eligible for 
                medical assistance under title XIX but have not been 
                enrolled previously in the medicaid program under that 
                title.
                    ``(C) Evaluation of the extent to which State 
                medicaid eligibility practices and procedures under the 
                medicaid program under title XIX are a barrier to the 
                enrollment of children under that program, and the 
                extent to which coordination (or lack of coordination) 
                between that program and the program under this title 
                affects the enrollment of children under both programs.
                    ``(D) An assessment of the effect of cost-sharing on 
                utilization, enrollment, and coverage retention.
                    ``(E) Evaluation of disenrollment or other retention 
                issues, such as switching to private coverage, failure 
                to pay premiums, or barriers in the recertification 
                process.
            ``(4) Submission to congress.--Not later than December 31, 
        2001, the Secretary shall submit to Congress the results of the 
        evaluation conducted under this subsection.
            ``(5) Funding.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are appropriated 
        $10,000,000 for fiscal year 2000 for the purpose of conducting 
        the evaluation authorized under this subsection. Amounts 
        appropriated under this paragraph shall remain available for 
        expenditure through fiscal year 2002.''.

    (c) Inspector General Audit and GAO Report on Enrollees Eligible for 
Medicaid.--Section 2108 (42 U.S.C. 1397hh), as amended by subsection 
(b), is amended by adding at the end the following:
    ``(d) Inspector General Audit and GAO Report.--

[[Page 113 STAT. 1501A-402]]

            ``(1) Audit.--Beginning with fiscal year 2000, and every 
        third fiscal year thereafter, the Secretary, through the 
        Inspector General of the Department of Health and Human 
        Services, shall audit a sample from among the States described 
        in paragraph (2) in order to--
                    ``(A) determine the number, if any, 
                of enrollees under the plan under this title who are 
                eligible for medical assistance under title XIX (other 
                than as optional targeted low-income children under 
                section 1902(a)(10)(A)(ii)(XIV)); and
                    ``(B) assess the progress made in reducing the 
                number of uncovered low-income children, including the 
                progress made to achieve the strategic objectives and 
                performance goals included in the State child health 
                plan under section 2107(a).
            ``(2) State described.--A State described in this paragraph 
        is a State with an approved State child health plan under this 
        title that does not, as part of such plan, provide health 
        benefits coverage under the State's medicaid program under title 
        XIX.
            ``(3) Monitoring and report from gao.--The Comptroller 
        General of the United States shall monitor the audits conducted 
        under this subsection and, not later than March 1 of each fiscal 
        year after a fiscal year in which an audit is conducted under 
        this subsection, shall submit a report to Congress on the 
        results of the audit conducted during the prior fiscal year.''.

    (d) Coordination of Data Collection With Data Requirements Under the 
Maternal and Child Health Services Block Grant.--
            (1) In general.--Paragraphs (2)(D)(ii) and (3)(D)(ii)(II) of 
        section 506(a) (42 U.S.C. 706(a)) are each amended by inserting 
        ``or the State plan under title XXI'' after ``title XIX''.
            (2) Effective date.--The amendments made by paragraph (1) 
        apply to annual reports submitted under section 506 of the 
        Social Security Act (42 U.S.C. 706) for years beginning after 
        the date of the enactment of this Act.

    (e) Coordination of Data Surveys and Reports.--The Secretary of 
Health and Human Services, through the Assistant Secretary for Planning 
and Evaluation, shall establish a clearinghouse for the consolidation 
and coordination of all Federal databases and reports regarding 
children's health.

SEC. 704. REFERENCES TO SCHIP AND STATE CHILDREN'S HEALTH INSURANCE 
            PROGRAM.

    The Secretary of Health and Human Services or any other Federal 
officer or employee, with respect to any reference to the program under 
title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) in any 
publication or other official communication, shall use--
            (1) the term ``SCHIP'' instead of the term ``CHIP''; and
            (2) the term ``State children's health insurance program'' 
        instead of the term ``children's health insurance program''.

SEC. 705. SCHIP TECHNICAL CORRECTIONS.

    (a) Section 2104(b)(3)(B) (42 U.S.C. 1397dd(b)(3)(B)) is amended by 
striking ``States.'' and inserting ``States,''.
    (b) Section 2105(d)(2)(B)(iii) (42 U.S.C. 1397ee(d)(2)(B)(iii)) is 
amended by inserting ``in'' after ``described''.

[[Page 113 STAT. 1501A-403]]

    (c) Section 2109(a) (42 U.S.C.1397ii(a)) is amended--
            (1) in paragraph (1), by striking ``title II'' and inserting 
        ``title I''; and
            (2) in paragraph (2), by inserting ``)'' before the period.

[[Page 113 STAT. 1501A-405]]



                          APPENDIX G--H.R. 3427

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Act.--This Act is organized into two divisions as follows:
            (1) Division a.--Department of State Provisions.
            (2) Division b.--Arms Control, Nonproliferation, and 
        Security Assistance Provisions.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1.  Short title.
Sec. 2.  Organization of act into divisions; table of contents.
Sec. 3.  Definitions.

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

                TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                     Subtitle A--Department of State

Sec. 101.  Administration of foreign affairs.
Sec. 102.  International commissions.
Sec. 103.  Migration and refugee assistance.
Sec. 104.  United States informational, educational, and cultural 
           programs.
Sec. 105.  Grants to the Asia Foundation.
Sec. 106.  Contributions to international organizations.
Sec. 107.  Contributions for international peacekeeping activities.
Sec. 108.  Voluntary contributions to international organizations.

     Subtitle B--United States International Broadcasting Activities

Sec. 121.  Authorizations of appropriations.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201.  Office of Children's Issues.
Sec. 202.  Strengthening implementation of the Hague Convention on the 
           Civil Aspects of International Child Abduction.
Sec. 203.  Report concerning attack in Cambodia.
Sec. 204.  International expositions.
Sec. 205.  Responsibility of the AID Inspector General for the Inter-
           American Foundation and the African Development Foundation.
Sec. 206.  Report on Cuban drug trafficking.
Sec. 207.  Revision of reporting requirement.
Sec. 208.  Foreign language proficiency.
Sec. 209.  Continuation of reporting requirements.
Sec. 210.  Joint funds under agreements for cooperation in 
           environmental, scientific, cultural and related areas.
Sec. 211.  Report on international extradition.

                    Subtitle B--Consular Authorities

Sec. 231.  Machine readable visas.

[[Page 113 STAT. 1501A-406]]

Sec. 232.  Fees relating to affidavits of support.
Sec. 233.  Passport fees.
Sec. 234.  Deaths and estates of United States citizens abroad.
Sec. 235.  Duties of consular officers regarding major disasters and 
           incidents abroad affecting United States citizens.
Sec. 236.  Issuance of passports for children under age 14.
Sec. 237.  Processing of visa applications.
Sec. 238.  Feasibility study on further passport restrictions on 
           individuals in arrears on child support.

                          Subtitle C--Refugees

Sec. 251.  United States policy regarding the involuntary return of 
           refugees.
Sec. 252.  Human rights reports.
Sec. 253.  Guidelines for refugee processing posts.
Sec. 254.  Gender-related persecution task force.
Sec. 255.  Eligibility for refugee status.

    TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                    Subtitle A--Organization Matters

Sec. 301.  Legislative liaison offices of the Department of State.
Sec. 302.  State Department official for Northeastern Europe.
Sec. 303.  Science and Technology Adviser to the Secretary of State.
Sec. 304.  Application of certain laws to public diplomacy funds.
Sec. 305.  Reform of the diplomatic telecommunications service office.

            Subtitle B--Personnel of the Department of State

Sec. 321.  Award of Foreign Service star.
Sec. 322.  United States citizens hired abroad.
Sec. 323.  Limitation on percentage of Senior Foreign Service eligible 
           for performance pay.
Sec. 324.  Placement of Senior Foreign Service personnel.
Sec. 325.  Report on management training.
Sec. 326.  Workforce planning for Foreign Service personnel by Federal 
           agencies.
Sec. 327.  Records of disciplinary actions.
Sec. 328.  Limitation on salary and benefits for members of the Foreign 
           Service recommended for separation for cause.
Sec. 329.  Treatment of grievance records.
Sec. 330.  Deadlines for filing grievances.
Sec. 331.  Reports by the Foreign Service Grievance Board.
Sec. 332.  Extension of use of Foreign Service personnel system.
Sec. 333.  Border equalization pay adjustment.
Sec. 334.  Treatment of certain persons reemployed after service with 
           international organizations.
Sec. 335.  Transfer allowance for families of deceased Foreign Service 
           personnel.
Sec. 336.  Parental choice in education.
Sec. 337.  Medical emergency assistance.
Sec. 338.  Report concerning financial disadvantages for administrative 
           and technical personnel.
Sec. 339.  State Department Inspector General and personnel 
           investigations.
Sec. 340.  Study of compensation for survivors of terrorist attacks 
           overseas.
Sec. 341.  Preservation of diversity in reorganization.

    TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                 Subtitle A--Authorities and Activities

Sec. 401.  Educational and cultural exchanges and scholarships for 
           Tibetans and Burmese.
Sec. 402.  Conduct of certain educational and cultural exchange 
           programs.
Sec. 403.  National security measures.
Sec. 404.  Sunset of United States Advisory Commission on Public 
           Diplomacy.
Sec. 405.  Royal Ulster Constabulary training.

     Subtitle B--Russian and Ukrainian Business Management Education

Sec. 421.  Purpose.
Sec. 422.  Definitions.
Sec. 423.  Authorization for training program and internships.
Sec. 424.  Applications for technical assistance.

[[Page 113 STAT. 1501A-407]]

Sec. 425.  Restrictions not applicable.
Sec. 426.  Authorization of appropriations.

      TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

Sec. 501.  Reauthorization of Radio Free Asia.
Sec. 502.  Nomination requirements for the Chairman of the Broadcasting 
           Board of Governors.
Sec. 503.  Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
Sec. 504.  Immunity from civil liability for Broadcasting Board of 
           Governors.

        TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

Sec. 601.  Short title.
Sec. 602.  Findings.
Sec. 603.  United States diplomatic facility defined.
Sec. 604.  Authorizations of appropriations.
Sec. 605.  Obligations and expenditures.
Sec. 606.  Security requirements for United States diplomatic 
           facilities.
Sec. 607.  Report on overseas presence.
Sec. 608.  Accountability review boards.
Sec. 609.  Increased anti-terrorism training in Africa.

         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

  Subtitle A--International Organizations Other than the United Nations

Sec. 701.  Conforming amendments to reflect redesignation of certain 
           interparliamentary groups.
Sec. 702.  Authority of the International Boundary and Water Commission 
           to assist State and local governments.
Sec. 703.  International Boundary and Water Commission.
Sec. 704.  Semiannual reports on United States support for membership or 
           participation of Taiwan in international organizations.
Sec. 705.  Restriction relating to United States accession to the 
           International Criminal Court.
Sec. 706.  Prohibition on extradition or transfer of United States 
           citizens to the International Criminal Court.
Sec. 707.  Requirement for reports regarding foreign travel.
Sec. 708.  United States representation at the International Atomic 
           Energy Agency.

                  Subtitle B--United Nations Activities

Sec. 721.  United Nations policy on Israel and the Palestinians.
Sec. 722.  Data on costs incurred in support of United Nations 
           peacekeeping operations.
Sec. 723.  Reimbursement for goods and services provided by the United 
           States to the United Nations.
Sec. 724.  Codification of required notice of proposed United Nations 
           peacekeeping operations.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 801.  Denial of entry into United States of foreign nationals 
           engaged in establishment or enforcement of forced abortion or 
           sterilization policy.
Sec. 802.  Technical corrections.
Sec. 803.  Reports with respect to a referendum on Western Sahara.
Sec. 804.  Reporting requirements under PLO Commitments Compliance Act 
           of 1989.
Sec. 805.  Report on terrorist activity in which United States citizens 
           were killed and related matters.
Sec. 806.  Annual reporting on war crimes, crimes against humanity, and 
           genocide.

                Subtitle B--North Korea Threat Reduction

Sec. 821.  Short title.
Sec. 822.  Restrictions on nuclear cooperation with North Korea.
Sec. 823.  Definitions.

                 Subtitle C--People's Republic of China

Sec. 871.  Findings.
Sec. 872.  Funding for additional personnel at diplomatic posts to 
           report on political, economic, and human rights matters in 
           the People's Republic of China.

[[Page 113 STAT. 1501A-408]]

Sec. 873.  Prisoner information registry for the People's Republic of 
           China.

                  TITLE IX--ARREARS PAYMENTS AND REFORM

                     Subtitle A--General Provisions

Sec. 901.  Short title.
Sec. 902.  Definitions.

              Subtitle B--Arrearages to the United Nations

 Chapter 1--Authorization of Appropriations; Obligation and Expenditure 
                                of Funds

Sec. 911.  Authorization of appropriations.
Sec. 912.  Obligation and expenditure of funds.
Sec. 913.  Forgiveness of amounts owed by the United Nations to the 
           United States.

                  Chapter 2--United States Sovereignty

Sec. 921.  Certification requirements.

    Chapter 3--Reform of Assessments and United Nations Peacekeeping 
                               Operations

Sec. 931.  Certification requirements.

                 Chapter 4--Budget and Personnel Reform

Sec. 941.  Certification requirements.

                  Subtitle C--Miscellaneous Provisions

Sec. 951.  Statutory construction on relation to existing laws.
Sec. 952.  Prohibition on payments relating to UNIDO and other 
           international organizations from which the United States has 
           withdrawn or rescinded funding.

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

Sec. 1001. Short title.

               TITLE XI--ARMS CONTROL AND NONPROLIFERATION

Sec. 1101. Short title.
Sec. 1102. Definitions.

                        Subtitle A--Arms Control

   Chapter 1--Effective Verification of Compliance With Arms Control 
                               Agreements

Sec. 1111. Key Verification Assets Fund.
Sec. 1112. Assistant Secretary of State for Verification and Compliance.
Sec. 1113. Enhanced annual (``Pell'') report.
Sec. 1114. Report on START and START II Treaties monitoring issues.
Sec. 1115. Standards for verification.
Sec. 1116. Contribution to the advancement of seismology.
Sec. 1117. Protection of United States companies.
Sec. 1118. Requirement for transmittal of summaries.

    Chapter 2--Matters Relating to the Control of Biological Weapons

Sec. 1121. Short title.
Sec. 1122. Definitions.
Sec. 1123. Findings.
Sec. 1124. Trial investigations and trial visits.

    Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

Sec. 1131. Congressional notification of nonproliferation activities.
Sec. 1132. Effective use of resources for nonproliferation programs.
Sec. 1133. Disposition of weapons-grade material.
Sec. 1134. Provision of certain information to Congress.
Sec. 1135. Amended nuclear export reporting requirement.
Sec. 1136. Adherence to the Missile Technology Control Regime.
Sec. 1137. Authority relating to MTCR adherents.
Sec. 1138. Transfer of funding for science and technology centers in the 
           former Soviet Union.

[[Page 113 STAT. 1501A-409]]

Sec. 1139. Research and exchange activities by science and technology 
           centers.

                     TITLE XII--SECURITY ASSISTANCE

Sec. 1201. Short title.

            Subtitle A--Transfers of Excess Defense Articles

Sec. 1211. Excess defense articles for Central and Southern European 
           countries.
Sec. 1212. Excess defense articles for certain other countries.
Sec. 1213. Increase in annual limitation on transfer of excess defense 
           articles.

             Subtitle B--Foreign Military Sales Authorities

Sec. 1221. Termination of foreign military training.
Sec. 1222. Sales of excess Coast Guard property.
Sec. 1223. Competitive pricing for sales of defense articles.
Sec. 1224. Notification of upgrades to direct commercial sales.
Sec. 1225. Unauthorized use of defense articles.

    Subtitle C--Stockpiling of Defense Articles for Foreign Countries

Sec. 1231. Additions to United States war reserve stockpiles for allies.
Sec. 1232. Transfer of certain obsolete or surplus defense articles in 
           the war reserves stockpile for allies.

                 Subtitle D--Defense Offsets Disclosure

Sec. 1241. Short title.
Sec. 1242. Findings and declaration of policy.
Sec. 1243. Definitions.
Sec. 1244. Sense of Congress.
Sec. 1245. Reporting of offset agreements.
Sec. 1246. Expanded prohibition on incentive payments.
Sec. 1247. Establishment of review commission.
Sec. 1248. Multilateral strategy to address offsets.

   Subtitle E--Automated Export System Relating to Export Information

Sec. 1251. Short title.
Sec. 1252. Mandatory use of the Automated Export System for filing 
           certain Shippers' Export Declarations.
Sec. 1253. Voluntary use of the Automated Export System.
Sec. 1254. Report to appropriate committees of Congress.
Sec. 1255. Acceleration of Department of State licensing procedures.
Sec. 1256. Definitions.

    Subtitle F--International Arms Sales Code of Conduct Act of 1999

Sec. 1261. Short title.
Sec. 1262. International arms sales code of conduct.

   Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

Sec. 1271. Authority to transfer naval vessels.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Publication of arms sales certifications.
Sec. 1302. Notification requirements for commercial export of items on 
           United States Munitions List.
Sec. 1303. Enforcement of Arms Export Control Act.
Sec. 1304. Violations relating to material support to terrorists.
Sec. 1305. Authority to consent to third party transfer of ex-U.S.S. 
           Bowman County to USS 1st Ship Memorial, Inc.
Sec. 1306. Annual military assistance report.
Sec. 1307. Annual foreign military training report.
Sec. 1308. Security assistance for the Philippines.
Sec. 1309. Effective regulation of satellite export activities.
Sec. 1310. Study on licensing process under the Arms Export Control Act.
Sec. 1311. Report concerning proliferation of small arms.
Sec. 1312. Conforming amendment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided in section 902(1), the term ``appropriate

[[Page 113 STAT. 1501A-410]]

        congressional committees'' means the Committee on International 
        Relations of the House of Representatives and the Committee on 
        Foreign Relations of the Senate.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

                TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                     Subtitle A--Department of State

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for the 
Department of State under ``Administration of Foreign Affairs'' to carry 
out the authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States and for other 
purposes authorized by law, including public diplomacy activities and 
the diplomatic security program:
            (1) Diplomatic and consular programs.--
                    (A) Authorization of appropriations.--For 
                ``Diplomatic and Consular Programs'' of the Department 
                of State, $2,837,772,000 for the fiscal year 2000 and 
                $3,263,438,000 for the fiscal year 2001.
                    (B) Limitations.--
                          (i) Worldwide security upgrades.--Of the 
                      amounts authorized to be appropriated by 
                      subparagraph (A), $254,000,000 for the fiscal year 
                      2000 and $315,000,000 for the fiscal year 2001 is 
                      authorized to be appropriated only for worldwide 
                      security upgrades.
                          (ii) Bureau of democracy, human rights, and 
                      labor.--Of the amounts authorized to be 
                      appropriated by subparagraph (A), $12,000,000 for 
                      the fiscal year 2000 and $12,000,000 for the 
                      fiscal year 2001 is authorized to be appropriated 
                      only for salaries and expenses of the Bureau of 
                      Democracy, Human Rights, and Labor.
                          (iii) Recruitment of minority groups.--Of the 
                      amounts authorized to be appropriated by 
                      subparagraph (A), $2,000,000 for fiscal year 2000 
                      and $2,000,000 for fiscal year 2001 is authorized 
                      to be appropriated only for the recruitment of 
                      members of minority groups for careers in the 
                      Foreign Service and international affairs.
            (2) Capital investment fund.--For ``Capital Investment 
        Fund'' of the Department of State, $90,000,000 for the fiscal 
        year 2000 and $150,000,000 for the fiscal year 2001.
            (3) Embassy security, construction and maintenance.--For 
        ``Embassy Security, Construction and Maintenance'', $434,066,000 
        for the fiscal year 2000 and $445,000,000 for the fiscal year 
        2001.

[[Page 113 STAT. 1501A-411]]

            (4) Representation allowances.--For ``Representation 
        Allowances'', $5,850,000 for the fiscal year 2000 and $5,850,000 
        for the fiscal year 2001.
            (5) Emergencies in the diplomatic and consular service.--For 
        ``Emergencies in the Diplomatic and Consular Service'', 
        $17,000,000 for the fiscal year 2000 and $17,000,000 for the 
        fiscal year 2001.
            (6) Office of the inspector general.--For ``Office of the 
        Inspector General'', $30,054,000 for the fiscal year 2000 and 
        $30,054,000 for the fiscal year 2001.
            (7) Payment to the american institute in taiwan.--For 
        ``Payment to the American Institute in Taiwan'', $15,760,000 for 
        the fiscal year 2000 and $15,918,000 for the fiscal year 2001.
            (8) Protection of foreign missions and officials.--
                    (A) Amounts authorized to be appropriated.--For 
                ``Protection of Foreign Missions and Officials'', 
                $9,490,000 for the fiscal year 2000 and $9,490,000 for 
                the fiscal year 2001.
                    (B) Availability of funds.--Each amount appropriated 
                pursuant to this paragraph is authorized to remain 
                available through September 30 of the fiscal year 
                following the fiscal year for which the amount was 
                appropriated.
            (9) Repatriation loans.--For ``Repatriation Loans'', 
        $1,200,000 for the fiscal year 2000 and $1,200,000 for the 
        fiscal year 2001, for administrative expenses.

SEC. 102. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated under 
``International Commissions'' for the Department of State to carry out 
the authorities, functions, duties, and responsibilities in the conduct 
of the foreign affairs of the United States and for other purposes 
authorized by law:
            (1) International boundary and water commission, united 
        states and mexico.--For ``International Boundary and Water 
        Commission, United States and Mexico''--
                    (A) for ``Salaries and Expenses'', $20,413,000 for 
                the fiscal year 2000 and $20,413,000 for the fiscal year 
                2001; and
                    (B) for ``Construction'', $8,435,000 for the fiscal 
                year 2000 and $8,435,000 for the fiscal year 2001.
            (2) International boundary commission, united states and 
        canada.--For ``International Boundary Commission, United States 
        and Canada'', $859,000 for the fiscal year 2000 and $859,000 for 
        the fiscal year 2001.
            (3) International joint commission.--For ``International 
        Joint Commission'', $3,819,000 for the fiscal year 2000 and 
        $3,819,000 for the fiscal year 2001.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $16,702,000 for the 
        fiscal year 2000 and $16,702,000 for the fiscal year 2001.

SEC. 103. MIGRATION AND REFUGEE ASSISTANCE.

    (a) Migration and Refugee Assistance.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated for ``Migration and Refugee Assistance'' for 
        authorized activities, $750,000,000 for the fiscal year 2000 and 
        $750,000,000 for the fiscal year 2001.

[[Page 113 STAT. 1501A-412]]

            (2) Limitations.--
                    (A) Tibetan refugees in india and nepal.--Of the 
                amounts authorized to be appropriated in paragraph (1), 
                $2,000,000 for the fiscal year 2000 and $2,000,000 for 
                the fiscal year 2001 is authorized to be available for 
                humanitarian assistance, including food, medicine, 
                clothing, and medical and vocational training, to 
                Tibetan refugees in India and Nepal who have fled 
                Chinese-occupied Tibet.
                    (B) Refugees resettling in israel.--Of the amounts 
                authorized to be appropriated in paragraph (1), 
                $60,000,000 for the fiscal year 2000 and $60,000,000 for 
                the fiscal year 2001 is authorized to be available only 
                for assistance for refugees resettling in Israel from 
                other countries.
                    (C) Humanitarian assistance for displaced burmese.--
                Of the amounts authorized to be appropriated in 
                paragraph (1), $2,000,000 for the fiscal year 2000 and 
                $2,000,000 for the fiscal year 2001 are authorized to be 
                available for humanitarian assistance (including food, 
                medicine, clothing, and medical and vocational training) 
                to persons displaced as a result of civil conflict in 
                Burma, including persons still within Burma.
                    (D) Assistance for displaced sierra leoneans.--Of 
                the amounts authorized to be appropriated in paragraph 
                (1), $2,000,000 for the fiscal year 2000 and $2,000,000 
                for the fiscal year 2001 are authorized to be available 
                for humanitarian assistance (including food, medicine, 
                clothing, and medical and vocational training) and 
                resettlement of persons who have been severely mutilated 
                as a result of civil conflict in Sierra Leone, including 
                persons still within Sierra Leone.
            (E) International rape counseling program.--Of the amounts 
        authorized to be appropriated in paragraph (1), $1,000,000 for 
        the fiscal year 2000 and $1,000,000 for the fiscal year 2001 are 
        authorized to be appropriated for a program of counseling for 
        female victims of rape and gender violence in times of conflict 
        and war.

    (b) Availability of Funds.--Funds appropriated pursuant to this 
section are authorized to remain available until expended.

SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
            PROGRAMS.

    (a) In General.--The following amounts are authorized to be 
appropriated for the Department of State to carry out international 
information activities and educational and cultural exchange programs 
under the United States Information and Educational Exchange Act of 
1948, the Mutual Educational and Cultural Exchange Act of 1961, 
Reorganization Plan Number 2 of 1977, the Dante B. Fascell North-South 
Center Act of 1991, and the National Endowment for Democracy Act, other 
such programs including the Claude and Mildred Pepper Scholarship 
Program of the Washington Workshops Foundation and the Mike Mansfield 
Fellowship Program, and to carry out other authorities in law consistent 
with such purposes:
            (1) Educational and cultural exchange programs.--
                    (A) Fulbright academic exchange programs.--For the 
                ``Fulbright Academic Exchange Programs'' (other than 
                programs described in subparagraph (B)), $112,000,000 
                for

[[Page 113 STAT. 1501A-413]]

                the fiscal year 2000 and $120,000,000 for the fiscal 
                year 2001.
                    (B) Other educational and cultural exchange 
                programs.--
                          (i) In general.--For other educational and 
                      cultural exchange programs authorized by law, 
                      including the Claude and Mildred Pepper 
                      Scholarship Program of the Washington Workshops 
                      Foundation and Mike Mansfield Fellowship Program, 
                      $98,329,000 for the fiscal year 2000 and 
                      $105,000,000 for the fiscal year 2001.
                          (ii) South pacific exchanges.--Of the amounts 
                      authorized to be appropriated under clause (i), 
                      $750,000 for the fiscal year 2000 and $750,000 for 
                      the fiscal year 2001 is authorized to be available 
                      for ``South Pacific Exchanges''.
                          (iii) East timorese scholarships.--Of the 
                      amounts authorized to be appropriated under clause 
                      (i), $500,000 for the fiscal year 2000 and 
                      $500,000 for the fiscal year 2001 is authorized to 
                      be available for ``East Timorese Scholarships''.
                          (iv) Tibetan exchanges.--Of the amounts 
                      authorized to be appropriated under clause (i), 
                      $500,000 for the fiscal year 2000 and $500,000 for 
                      the fiscal year 2001 is authorized to be available 
                      for ``Ngawang Choephel Exchange Programs'' 
                      (formerly known as educational and cultural 
                      exchanges with Tibet) under section 103(a) of the 
                      Human Rights, Refugee, and Other Foreign Relations 
                      Provisions Act of 1996 (Public Law 104-319).
                          (v) African exchanges.--Of the amounts 
                      authorized to be appropriated under clause (i), 
                      $500,000 for the fiscal year 2000 and $500,000 for 
                      the fiscal year 2001 is authorized to be available 
                      only for ``Educational and Cultural Exchanges with 
                      Sub-Saharan Africa''.
                          (vi) Israel-arab peace partners program.--Of 
                      the amounts authorized to be appropriated under 
                      clause (i), $750,000 for the fiscal year 2000 and 
                      $750,000 for the fiscal year 2001 is authorized to 
                      be available only for people-to-people activities 
                      (with a focus on young people) to support the 
                      Middle East peace process involving participants 
                      from Israel, the Palestinian Authority, Arab 
                      countries, and the United States, to be known as 
                      the ``Israel-Arab Peace Partners Program''. Not 
                      later than 90 days after the date of the enactment 
                      of this Act, the Secretary of State shall submit a 
                      plan to the appropriate congressional committees 
                      for implementation of such program. The Secretary 
                      shall not implement the plan until 45 days after 
                      its submission to the appropriate congressional 
                      committees.
            (2) National endowment for democracy.--
                    (A) Authorization of appropriations.--For the 
                ``National Endowment for Democracy'', $32,000,000 for 
                the fiscal year 2000 and $32,000,000 for the fiscal year 
                2001.
                    (B) Reagan-fascell democracy fellows.--Of the amount 
                authorized to be appropriated by subparagraph

[[Page 113 STAT. 1501A-414]]

                (A), $1,000,000 for fiscal year 2000 and $1,000,000 for 
                the fiscal year 2001 is authorized to be appropriated 
                only for a fellowship program, to be known as the 
                ``Reagan-Fascell Democracy Fellows'', for democracy 
                activists and scholars from around the world at the 
                International Forum for Democratic Studies in 
                Washington, D.C., to study, write, and exchange views 
                with other activists and scholars and with Americans.
            (3) Dante b. fascell north-south center.--For ``Dante B. 
        Fascell North-South Center'' $2,500,000 for the fiscal year 2000 
        and $2,500,000 for the fiscal year 2001.
            (4) Center for cultural and technical interchange between 
        east and west.--For the ``Center for Cultural and Technical 
        Interchange between East and West'', $12,500,000 for the fiscal 
        year 2000 and $12,500,000 for the fiscal year 2001.

    (b) Muskie Fellowships.--
            (1) Exchanges with russia.--Of the amounts authorized to be 
        appropriated by this or any other Act for the fiscal years 2000 
        and 2001 for exchange programs with the Russian Federation, 
        $5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 
        2001 shall be available only to carry out the Edmund S. Muskie 
        Program under section 227 of the Foreign Relations Authorization 
        Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C. 
        2452 note).
            (2) Doctoral graduate studies for nationals of the 
        independent states of the former soviet union.--Of the amounts 
        authorized to be appropriated by this or any other Act for the 
        fiscal years 2000 and 2001 for exchange programs, $1,500,000 for 
        fiscal year 2000 and $1,500,000 for fiscal year 2001 shall be 
        available only to provide scholarships for doctoral graduate 
        study in economics to nationals of the independent states of the 
        former Soviet Union under the Edmund S. Muskie Fellowship 
        Program authorized by section 227 of the Foreign Relations 
        Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
        138; 22 U.S.C. 2452 note).

    (c) Vietnam Fulbright Academic Exchange Program.--Of the amounts 
authorized to be appropriated by subsection (a)(1)(A), $4,000,000 for 
the fiscal year 2000 and $4,000,000 for the fiscal year 2001 shall be 
available only to carry out the Vietnam scholarship program established 
by section 229 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

SEC. 105. GRANTS TO THE ASIA FOUNDATION.

    Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164; 22 U.S.C. 4403) is amended to read as follows:
    ``Sec. 404. There are authorized to be appropriated to the Secretary 
of State $15,000,000 for each of the fiscal years 2000 and 2001 for 
grants to The Asia Foundation pursuant to this title.''.

SEC. 106. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        under the heading ``Contributions to International 
        Organizations'' $940,000,000 for the fiscal year 2000 and such 
        sums as may be necessary for the fiscal year 2001 for the 
        Department

[[Page 113 STAT. 1501A-415]]

        of State to carry out the authorities, functions, duties, and 
        responsibilities in the conduct of the foreign affairs of the 
        United States with respect to international organizations and to 
        carry out other authorities in law consistent with such 
        purposes.
            (2) Availability of funds for civil budget of nato.--Of the 
        amounts authorized in paragraph (1), $48,977,000 are authorized 
        in fiscal year 2000 and such sums as may be necessary in fiscal 
        year 2001 for the United States assessment for the civil budget 
        of the North Atlantic Treaty Organization.

    (b) No Growth Budget.--Of the funds made available under subsection 
(a), $80,000,000 may be made available during each calendar year only 
after the Secretary of State certifies that the United Nations has taken 
no action during the preceding calendar year to increase funding for any 
United Nations program without identifying an offsetting decrease during 
that calendar year elsewhere in the United Nations budget of 
$2,533,000,000, and cause the United Nations to exceed the initial 1998-
99 United Nations biennium budget adopted in December 1997.
    (c) Inspector General of the United Nations.--
            (1) Withholding of funds.--Twenty percent of the funds made 
        available in each fiscal year under subsection (a) for the 
        assessed contribution of the United States to the United Nations 
        shall be withheld from obligation and expenditure until a 
        certification is made under paragraph (2).
            (2) Certification.--A certification under this paragraph is 
        a certification by the Secretary of State in the fiscal year 
        concerned that the following conditions are satisfied:
                    (A) Action by the united nations.--The United 
                Nations--
                          (i) has met the requirements of paragraphs (1) 
                      through (6) of section 401(b) of the Foreign 
                      Relations Authorization Act, Fiscal Years 1994 and 
                      1995 (22 U.S.C. 287e note), as amended by 
                      paragraph (3);
                          (ii) has established procedures that require 
                      the Under Secretary General of the Office of 
                      Internal Oversight Services to report directly to 
                      the Secretary General on the adequacy of the 
                      Office's resources to enable the Office to fulfill 
                      its mandate; and
                          (iii) has made available an adequate amount of 
                      funds to the Office for carrying out its 
                      functions.
                    (B) Authority by oios.--The Office of Internal 
                Oversight Services has authority to audit, inspect, or 
                investigate each program, project, or activity funded by 
                the United Nations, and each executive board created 
                under the United Nations has been notified of that 
                authority.
            (3) Amendment of the foreign relations authorization act, 
        fiscal years 1994 and 1995.--Section 401(b) of the Foreign 
        Relations Authorization Act, Fiscal Years 1994 and 1995 is 
        amended--
                    (A) by amending paragraph (6) to read as follows:
            ``(6) the United Nations has procedures in place to ensure 
        that all reports submitted by the Office of Internal Oversight 
        Services are made available to the member states of the United 
        Nations without modification except to the extent necessary to 
        protect the privacy rights of individuals.''; and

[[Page 113 STAT. 1501A-416]]

                    (B) by striking ``Inspector General'' each place it 
                appears and inserting ``Office of Internal Oversight 
                Services''.

    (d) Prohibition on Certain Global Conferences.--None of the funds 
made available under subsection (a) shall be available for any United 
States contribution to pay for any expense related to the holding of any 
United Nations global conference, except for any conference scheduled 
prior to October 1, 1998.
    (e) Prohibition on Funding Other Framework Treaty-Based 
Organizations.--None of the funds made available for the 1998-1999 
biennium budget under subsection (a) for United States contributions to 
the regular budget of the United Nations shall be available for the 
United States proportionate share of any other framework treaty-based 
organization, including the Framework Convention on Global Climate 
Change, the International Seabed Authority, the Desertification 
Convention, and the International Criminal Court.
    (f) Foreign Currency Exchange Rates.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated by subsection (a), there are 
        authorized to be appropriated such sums as may be necessary for 
        each of fiscal years 2000 and 2001 to offset adverse 
        fluctuations in foreign currency exchange rates.
            (2) Availability of funds.--Amounts appropriated under this 
        subsection shall be available for obligation and expenditure 
        only to the extent that the Director of the Office of Management 
        and Budget determines and certifies to Congress that such 
        amounts are necessary due to such fluctuations.

    (g) Refund of Excess Contributions.--The United States shall 
continue to insist that the United Nations and its specialized and 
affiliated agencies shall credit or refund to each member of the agency 
concerned its proportionate share of the amount by which the total 
contributions to the agency exceed the expenditures of the regular 
assessed budgets of these agencies.

SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.

    There are authorized to be appropriated under the heading 
``Contributions for International Peacekeeping Activities'' $500,000,000 
for the fiscal year 2000 and such sums as may be necessary for the 
fiscal year 2001 for the Department of State to carry out the 
authorities, functions, duties, and responsibilities in the conduct of 
the foreign affairs of the United States with respect to international 
peacekeeping activities and to carry out other authorities in law 
consistent with such purposes.

SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for ``Voluntary Contributions to International 
Organizations'', $293,000,000 for the fiscal year 2000 and such sums as 
may be necessary for the fiscal year 2001.
    (b) Limitations on Authorizations of Appropriations.--
            (1) World food program.--Of the amounts authorized to be 
        appropriated under subsection (a), $5,000,000 for the fiscal 
        year 2000 and $5,000,000 for the fiscal year 2001 is authorized 
        to be appropriated only for a United States contribution to the 
        World Food Program.

[[Page 113 STAT. 1501A-417]]

            (2) United nations voluntary fund for victims of torture.--
        Of the amounts authorized to be appropriated under subsection 
        (a), $5,000,000 for the fiscal year 2000 and $5,000,000 for the 
        fiscal year 2001 is authorized to be appropriated only for a 
        United States contribution to the United Nations Voluntary Fund 
        for Victims of Torture.
            (3) Organization of american states.--Of the amounts 
        authorized to be appropriated under subsection (a), $240,000 for 
        the fiscal year 2000 and $240,000 for the fiscal year 2001 is 
        authorized to be appropriated only for a United States 
        contribution to the Organization of American States for the 
        Office of the Special Rapporteur for Freedom of Expression in 
        the Western Hemisphere to conduct investigations, including 
        field visits, to establish a network of nongovernmental 
        organizations, and to hold hemispheric conferences, of which 
        $6,000 for each fiscal year is authorized to be appropriated 
        only for the investigation and dissemination of information on 
        violations of freedom of expression by the Government of Cuba, 
        $6,000 for each fiscal year is authorized to be appropriated 
        only for the investigation and dissemination of information on 
        violations of freedom of expression by the Government of Peru, 
        and $6,000 for each fiscal year is authorized to be appropriated 
        only for the investigation and dissemination of information on 
        violations of freedom of expression by the Government of 
        Colombia.
            (4) UNICEF.--Of the amounts authorized to be appropriated 
        under subsection (a), $110,000,000 for the fiscal year 2000 is 
        authorized to be appropriated only for a United States 
        contribution to UNICEF.

    (c) Restrictions on United States Voluntary Contributions to United 
Nations Development Program.--
            (1) Limitation.--Of the amounts made available under 
        subsection (a) for each of the fiscal years 2000 and 2001 for 
        United States voluntary contributions to the United Nations 
        Development Program an amount equal to the amount the United 
        Nations Development Program will spend in Burma during each 
        fiscal year shall be withheld unless during such fiscal year the 
        Secretary of State submits to the appropriate congressional 
        committees the certification described in paragraph (2).
            (2) Certification.--The certification referred to in 
        paragraph (1) is a certification by the Secretary of State that 
        all programs and activities of the United Nations Development 
        Program (including United Nations Development Program--
        Administered Funds) in Burma--
                    (A) are focused on eliminating human suffering and 
                addressing the needs of the poor;
                    (B) are undertaken only through international or 
                private voluntary organizations that have been deemed 
                independent of the State Peace and Development Council 
                (SPDC) (formerly known as the State Law and Order 
                Restoration Council (SLORC)), after consultation with 
                the leadership of the National League for Democracy and 
                the leadership of the National Coalition Government of 
                the Union of Burma;
                    (C) provide no financial, political, or military 
                benefit to the SPDC; and

[[Page 113 STAT. 1501A-418]]

                    (D) are carried out only after consultation with the 
                leadership of the National League for Democracy and the 
                leadership of the National Coalition Government of the 
                Union of Burma.

    (d) Contributions to the United Nations Fund for Population 
Activities.--
            (1) Limitations on amount of contribution.--Of the amounts 
        made available under subsection (a), not more than $25,000,000 
        for fiscal year 2000 and $25,000,000 for fiscal year 2001 shall 
        be available for the United Nations Fund for Population 
        Activities (hereinafter in this subsection referred to as the 
        ``UNFPA'').
            (2) Prohibition on use of funds in china.--None of the funds 
        made available under subsection (a) may be made available for 
        the UNFPA for a country program in the People's Republic of 
        China.
            (3) Conditions on availability of funds.--Amounts made 
        available under subsection (a) for each of the fiscal years 2000 
        and 2001 for the UNFPA may not be made available to the UNFPA 
        unless--
                    (A) the UNFPA maintains amounts made available to 
                the UNFPA under this section in an account separate from 
                other accounts of the UNFPA;
                    (B) the UNFPA does not commingle amounts made 
                available to the UNFPA under this section with other 
                sums; and
                    (C) the UNFPA does not fund abortions.
            (4) Report to congress and withholding of funds.--
                    (A) Not later than February 15, of each of the years 
                2000 and 2001, the Secretary of State shall submit a 
                report to the appropriate congressional committees 
                indicating the amount of funds that the United Nations 
                Fund for Population Activities is budgeting for the year 
                in which the report is submitted for a country program 
                in the People's Republic of China.
                    (B) If a report under subparagraph (A) indicates 
                that the United Nations Population Fund plans to spend 
                funds for a country program in the People's Republic of 
                China in the year covered by the report, then the amount 
                of such funds that the UNFPA plans to spend in the 
                People's Republic of China shall be deducted from the 
                funds made available to the UNFPA after March 1 for 
                obligation for the remainder of the fiscal year in which 
                the report is submitted.

    (e) Availability of Funds.--Amounts authorized to be appropriated 
under subsection (a) are authorized to remain available until expended.

     Subtitle B--United States International Broadcasting Activities

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated to carry out the United States International Broadcasting 
Act of 1994, the Radio Broadcasting to Cuba Act, and

[[Page 113 STAT. 1501A-419]]

the Television Broadcasting to Cuba Act, and to carry out other 
authorities in law consistent with such purposes:
            (1) International broadcasting activities.--For 
        ``International Broadcasting Activities'', $385,900,000 for the 
        fiscal year 2000, and $393,618,000 for the fiscal year 2001.
            (2) Broadcasting capital improvements.--For ``Broadcasting 
        Capital Improvements'', $20,868,000 for the fiscal year 2000, 
        and $20,868,000 for the fiscal year 2001.
            (3) Broadcasting to cuba.--For ``Broadcasting to Cuba'', 
        $22,743,000 for the fiscal year 2000 and $22,743,000 for the 
        fiscal year 2001.
            (4) Radio free asia.--For ``Radio Free Asia'', $24,000,000 
        for the fiscal year 2000, and $30,000,000 for the fiscal year 
        2001.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 201. OFFICE OF CHILDREN'S ISSUES.

    (a) Director Requirements.--The Secretary of State shall fill the 
position of Director of the Office of Children's Issues of the 
Department of State (in this section referred to as the ``Office'') with 
an individual of senior rank who can ensure long-term continuity in the 
management and policy matters of the Office and has a strong background 
in consular affairs.
    (b) Case Officer Staffing.--Effective April 1, 2000, there shall be 
assigned to the Office of Children's Issues of the Department of State a 
sufficient number of case officers to ensure that the average caseload 
for each officer does not exceed 75.
    (c) Embassy Contact.--The Secretary of State shall designate in each 
United States diplomatic mission an employee who shall serve as the 
point of contact for matters relating to international abductions of 
children by parents. The Director of the Office shall regularly inform 
the designated employee of children of United States citizens abducted 
by parents to that country.
    (d) Reports to Parents.--
            (1) In general.--Except as provided in paragraph (2), 
        beginning 6 months after the date of enactment of this Act, and 
        at least once every 6 months thereafter, the Secretary of State 
        shall report to each parent who has requested assistance 
        regarding an abducted child overseas. Each such report shall 
        include information on the current status of the abducted 
        child's case and the efforts by the Department of State to 
        resolve the case.
            (2) Exception.--The requirement in paragraph (1) shall not 
        apply in a case of an abducted child if--
                    (A) the case has been closed and the Secretary of 
                State has reported the reason the case was closed to the 
                parent who requested assistance; or
                    (B) the parent seeking assistance requests that such 
                reports not be provided.

[[Page 113 STAT. 1501A-420]]

SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE 
            CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

    Section 2803(a) of the Foreign Affairs Reform and Restructuring Act 
of 1998 (as contained in division G of Public Law 105-277) is amended--
            (1) in the first sentence, by striking ``1999,'' and 
        inserting ``2001,'';
            (2) in paragraph (1), by striking ``United States citizens'' 
        and inserting ``applicants in the United States'';
            (3) in paragraph (2), by striking ``abducted.'' and 
        inserting ``abducted, are being wrongfully retained in violation 
        of United States court orders, or which have failed to comply 
        with any of their obligations under such convention with respect 
        to applications for the return of children, access to children, 
        or both, submitted by applicants in the United States.'';
            (4) in paragraph (3)--
                    (A) by striking ``children'' and inserting 
                ``children, access to children, or both,''; and
                    (B) by striking ``United States citizens'' and 
                inserting ``applicants in the United States'';
            (5) in paragraph (4), by inserting before the period at the 
        end the following: ``, including the specific actions taken by 
        the United States chief of mission in the country to which the 
        child is alleged to have been abducted''; and
            (6) by inserting after paragraph (5) the following new 
        paragraphs:
            ``(6) A list of the countries that are parties to the 
        Convention in which, during the reporting period, parents who 
        have been left-behind in the United States have not been able to 
        secure prompt enforcement of a final return or access order 
        under a Hague proceeding, of a United States custody, access, or 
        visitation order, or of an access or visitation order by 
        authorities in the country concerned, due to the absence of a 
        prompt and effective method for enforcement of civil court 
        orders, the absence of a doctrine of comity, or other factors.
            ``(7) A description of the efforts of the Secretary of State 
        to encourage the parties to the Convention to facilitate the 
        work of nongovernmental organizations within their countries 
        that assist parents seeking the return of children under the 
        Convention.''.

SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

    Not later than 30 days after the date of the enactment of this Act, 
and one year thereafter unless the investigation referred to in this 
section is completed, the Secretary of State, in consultation with the 
Attorney General, shall submit a report to the appropriate congressional 
committees, in classified and unclassified form, containing the most 
current information on the investigation into the March 30, 1997, 
grenade attack in Cambodia.

SEC. 204. INTERNATIONAL EXPOSITIONS.

    (a) Limitation.--Except as provided in subsection (b) and 
notwithstanding any other provision of law, the Department of State may 
not obligate or expend any funds appropriated to the Department of State 
for a United States pavilion or other major exhibit at any international 
exposition or world's fair registered by the

[[Page 113 STAT. 1501A-421]]

Bureau of International Expositions in excess of amounts expressly 
authorized and appropriated for such purpose.
    (b) Exceptions.--
            (1) In general.--The Department of State is authorized to 
        utilize its personnel and resources to carry out the 
        responsibilities of the Department for the following:
                    (A) Administrative services, including legal and 
                other advice and contract administration, under section 
                102(a)(3) of the Mutual Educational and Cultural 
                Exchange Act of 1961 (22 U.S.C. 2452(a)(3)) related to 
                United States participation in international fairs and 
                expositions abroad. Such administrative services may not 
                include capital expenses, operating expenses, or travel 
                or related expenses (other than such expenses as are 
                associated with the provision of administrative services 
                by employees of the Department of State).
                    (B) Activities under section 105(f) of such Act with 
                respect to encouraging foreign governments, 
                international organizations, and private individuals, 
                firms, associations, agencies and other groups to 
                participate in international fairs and expositions and 
                to make contributions to be utilized for United States 
                participation in international fairs and expositions.
                    (C) Encouraging private support of United States 
                pavilions and exhibits at international fairs and 
                expositions.
            (2) Statutory construction.--Nothing in this subsection 
        authorizes the use of funds appropriated to the Department of 
        State to make payments for--
                    (A) contracts, grants, or other agreements with any 
                other party to carry out the activities described in 
                this subsection; or
                    (B) the satisfaction of any legal claim or judgment 
                or the costs of litigation brought against the 
                Department of State arising from activities described in 
                this subsection.

    (c) Notification.--No funds made available to the Department of 
State by any Federal agency to be used for a United States pavilion or 
other major exhibit at any international exposition or world's fair 
registered by the Bureau of International Expositions may be obligated 
or expended unless the appropriate congressional committees are notified 
not less than 15 days prior to such obligation or expenditure.
    (d) Reports.--The Commissioner General of a United States pavilion 
or other major exhibit at any international exposition or world's fair 
registered by the Bureau of International Expositions shall submit to 
the Secretary of State and the appropriate congressional committees a 
report concerning activities relating to such pavilion or exhibit every 
180 days while serving as Commissioner General and shall submit a final 
report summarizing all such activities not later than 1 year after the 
closure of the pavilion or exhibit.
    (e) Repeal.--Section 230 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note) is repealed.

[[Page 113 STAT. 1501A-422]]

SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-
            AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION.

    (a) Responsibilities.--Section 8A(a) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) shall supervise, direct, and control audit and 
        investigative activities relating to programs and operations 
        within the Inter-American Foundation and the African Development 
        Foundation.''.

    (b) Conforming Amendment.--Section 8A(f) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by inserting before the period at 
the end the following: ``, an employee of the Inter-American Foundation, 
and an employee of the African Development Foundation''.

SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.

    (a) In General.--Not later than 120 days after the date of enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees an unclassified report (with a classified 
annex) on the extent of international drug trafficking through Cuba 
since 1990. The report shall include the following:
            (1) Information concerning the extent to which the Cuban 
        Government or any official, employee, or entity of the 
        Government of Cuba has engaged in, facilitated, or condoned such 
        trafficking.
            (2) The extent to which agencies of the United States 
        Government have investigated or prosecuted such activities.

    (b) Limitation.--The report need not include information about 
isolated instances of conduct by low-level employees, except to the 
extent that such information may suggest improper conduct by more senior 
officials.

SEC. 207. REVISION OF REPORTING REQUIREMENT.

    Section 3 of Public Law 102-1 is amended by striking ``60 days'' and 
inserting ``90 days''.

SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

    (a) Report on Language Proficiency.--Section 702 of the Foreign 
Service Act of 1980 (22 U.S.C. 4022) is amended by adding at the end the 
following new subsection:
    ``(c) Not later than March 31 of each year, the Director General of 
the Foreign Service shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives summarizing the number of positions in each 
overseas mission requiring foreign language competence that--
            ``(1) became vacant during the previous calendar year; and
            ``(2) were filled by individuals having the required foreign 
        language competence.''.

    (b) Repeal.--Section 304(c) of the Foreign Service Act of 1980 (22 
U.S.C. 3944(c)) is repealed.

[[Page 113 STAT. 1501A-423]]

SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

    (a) Reports on Claims by United States Firms Against the Government 
of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as enacted by division G of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999; Public 
Law 105-277) is amended by striking ``third'' and inserting ``seventh''.
    (b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of 
1998 (as enacted by division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by 
striking ``September 30, 1999,'' and inserting ``September 30, 2001,''.
    (c) Relations With Vietnam.--Section 2805 of the Foreign Affairs 
Reform and Restructuring Act of 1998 (as enacted by division G of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999; Public Law 105-277) is amended by striking ``September 30, 1999,'' 
and inserting ``September 30, 2001,''.
    (d) Reports on Ballistic Missile Cooperation With Russia.--Section 
2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as 
enacted by division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by 
striking ``and January 1, 2000,'' and inserting ``January 1, 2000, and 
January 1, 2001,''.
    (e) Continuation of Reports Terminated by the Federal Reports 
Elimination and Sunset Act of 1995.--Section 3003(a)(1) of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 
1113 note) does not apply to any report required to be submitted under 
any of the following provisions of law:
            (1) Section 1205 of the International Security and 
        Development Cooperation Act of 1985 (Public Law 99-83; 22 U.S.C. 
        2346 note) (relating to annual reports on economic conditions in 
        Egypt, Israel, Turkey, and Portugal).
            (2) Section 1307(f)(1)(A) of the International Financial 
        Institutions Act (Public Law 95-118) (relating to an assessment 
        of the environmental impact of proposed multilateral development 
        bank actions).
            (3) Section 118(f) of the Foreign Assistance Act of 1961 
        (Public Law 87-195; 22 U.S.C. 2151p-1) (relating to the 
        protection of tropical forests).
            (4) Section 586J(c)(4) of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1991 (Public 
        Law 101-513) (relating to sanctions taken by other nations 
        against Iraq).
            (5) Section 3 of the Authorization for Use of Military Force 
        Against Iraq Resolution (Public Law 102-1; 105 Stat. 3) 
        (relating to the status of efforts to obtain Iraqi compliance 
        with United Nations Security Council resolutions).
            (6) Section 124 of the Foreign Relations Authorization Act, 
        Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2680 
        note) (relating to expenditures for emergencies in the 
        diplomatic and consular service).
            (7) Section 620C(c) of the Foreign Assistance Act of 1961 
        (Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress 
        made toward the conclusion of a negotiated solution to the 
        Cyprus problem).

[[Page 113 STAT. 1501A-424]]

            (8) Section 533(b) of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 19991 
        (Public Law 101-513) (relating to international natural resource 
        management initiatives).
            (9) Section 3602 of the Omnibus Trade and Competitiveness 
        Act of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to 
        foreign treatment of United States financial institutions).
            (10) Section 1702 of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) (relating 
        to operating summaries of the multilateral development banks).
            (11) Section 1303(c) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c)) 
        (relating to international environmental assistance programs).
            (12) Section 1701(a) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r) (relating 
        to United States participation in international financial 
        institutions).
            (13) Section 163(a) of the Trade Act of 1974 (Public Law 93-
        618; 19 U.S.C. 2213) (relating to the trade agreements program 
        and national trade policy agenda).
            (14) Section 8 of the Export-Import Bank Act (Public Law 79-
        173; 12 U.S.C. 635g) (relating to Export-Import Bank 
        activities).
            (15) Section 407(f) of the Agricultural Trade Development 
        and Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 1736a) 
        (relating to Public Law 480 programs and activities).
            (16) Section 239(c) of the Foreign Assistance Act of 1961 
        (Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC audit 
        report).
            (17) Section 504(i) of the National Endowment for Democracy 
        Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the 
        activities of the National Endowment for Democracy).
            (18) Section 5(b) of the Japan-United States Friendship Act 
        (Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-United 
        States Friendship Commission activities).

SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL, 
            SCIENTIFIC, CULTURAL AND RELATED AREAS.

    Amounts made available to the Department of State for participation 
in joint funds under agreements for cooperation in environmental, 
scientific, cultural and related areas prior to fiscal year 1996 which, 
pursuant to express terms of such international agreements, were 
deposited in interest-bearing accounts prior to disbursement may earn 
interest, and interest accrued to such accounts may be used and retained 
without return to the Treasury of the United States and without further 
appropriation by Congress. The Department of State shall take action to 
ensure the complete and timely disbursement of appropriations and 
associated interest within joint funds covered by this section and final 
disposition of such agreements.

SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.

    (a) Report to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of State shall review extradition 
treaties and other agreements containing extradition obligations to 
which the United States is a party (only with regard to those treaties 
where the United States has diplomatic relations

[[Page 113 STAT. 1501A-425]]

with the treaty partner) and submit a report to the appropriate 
congressional committees regarding United States extradition policy and 
practice.
    (b) Contents of Report.--The report under subsection (a) shall--
            (1) discuss the factors that contribute to failure of 
        foreign nations to comply fully with their obligations under 
        bilateral extradition treaties with the United States;
            (2) discuss the factors that contribute to nations becoming 
        ``safe havens'' for individuals fleeing the United States 
        justice system;
            (3) identify those bilateral extradition treaties to which 
        the United States is a party which do not require the 
        extradition of nationals, and the reason such treaties contain 
        such a provision;
            (4) discuss appropriate legislative and diplomatic solutions 
        to existing gaps in United States extradition treaties and 
        practice; and
            (5) discuss current priorities of the United States for 
        negotiation of new extradition treaties and renegotiation of 
        existing treaties, including resource factors relevant to such 
        negotiations.

                    Subtitle B--Consular Authorities

SEC. 231. MACHINE READABLE VISAS.

    Section 140(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--
            (1) in paragraph (3) by amending the first sentence to read 
        as follows: ``For each of the fiscal years 2000, 2001, and 2002, 
        any amount collected under paragraph (1) that exceeds 
        $316,715,000 for fiscal year 2000, $316,715,000 for fiscal year 
        2001, and $316,715,000 for fiscal year 2002 may be made 
        available only if a notification is submitted to Congress in 
        accordance with the procedures applicable to reprogramming 
        notifications under section 34 of the State Department Basic 
        Authorities Act of 1956.''; and
            (2) by striking paragraphs (4) and (5).

SEC. 232. FEES RELATING TO AFFIDAVITS OF SUPPORT.

    (a) Authority To Charge Fee.--The Secretary of State may charge and 
retain a fee or surcharge for services provided by the Department of 
State to any sponsor who provides an affidavit of support under section 
213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure 
that such affidavit is properly completed before it is forwarded to a 
consular post for adjudication by a consular officer in connection with 
the adjudication of an immigrant visa. Such fee or surcharge shall be in 
addition to and separate from any fee imposed for immigrant visa 
application processing and issuance, and shall recover only the costs of 
such services not recovered by such fee.
    (b) Limitation.--Any fee established under subsection (a) shall be 
charged only once to a sponsor or joint sponsors who file essentially 
duplicative affidavits of support in connection with separate immigrant 
visa applications from the spouse and children of any

[[Page 113 STAT. 1501A-426]]

petitioner required by the Immigration and Nationality Act to petition 
separately for such persons.
    (c) Treatment of Fees.--Fees collected under the authority of 
subsection (a) shall be deposited as an offsetting collection to any 
Department of State appropriation to recover the cost of providing 
consular services.
    (d) Compliance With Budget Act.--Fees collected under the authority 
of subsection (a) shall be available only to such extent or in such 
amounts as are provided in advance in an appropriation Act.

SEC. 233. PASSPORT FEES.

    (a) Applications.--Section 1 of the Passport Act of June 4, 1920 (22 
U.S.C. 214), is amended--
            (1) in the first sentence--
                    (A) by striking ``each passport issued'' and 
                inserting ``the filing of each application for a 
                passport (including the cost of passport issuance and 
                use)''; and
                    (B) by striking ``each application for a passport;'' 
                and inserting ``each such application''; and
            (2) by adding after the first sentence the following new 
        sentence: ``Such fees shall not be refundable, except as the 
        Secretary may by regulation prescribe.''.

    (b) Repeal of Outdated Provision on Passport Fees.--Section 4 of the 
Passport Act of June 4, 1920 (22 U.S.C. 216) is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of issuance of final regulations under section 1 of 
the Passport Act of June 4, 1920, as amended by subsection (a).

SEC. 234. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.

    (a) Repeal.--Section 1709 of the Revised Statutes (22 U.S.C. 4195) 
is repealed.
    (b) Amendment to State Department Basic Authorities Act.--The State 
Department Basic Authorities Act of 1956 is amended by inserting after 
section 43 (22 U.S.C. 2715) the following new sections:

``SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.

    ``(a) In General.--Whenever a United States citizen or national dies 
abroad, a consular officer shall endeavor to notify, or assist the 
Secretary of State in notifying, the next of kin or legal guardian as 
soon as possible, except that, in the case of death of any Peace Corps 
volunteer (within the meaning of section 5(a) of the Peace Corps Act (22 
U.S.C. 2504(a)), any member of the Armed Forces, any dependent of such a 
volunteer or member, or any Department of Defense employee, the consular 
officer shall assist the Peace Corps or the appropriate military 
authorities, as the case may be, in making such notifications.
    ``(b) Reports of Death or Presumptive Death.--The consular officer 
may, for any United States citizen who dies abroad--
            ``(1) in the case of a finding of death by the appropriate 
        local authorities, issue a report of death or of presumptive 
        death; or
            ``(2) in the absence of a finding of death by the 
        appropriate local authorities, issue a report of presumptive 
        death.

[[Page 113 STAT. 1501A-427]]

    ``(c) Implementing Regulations.--The Secretary of State shall 
prescribe such regulations as may be necessary to carry out this 
section.

``SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

    ``(a) Conservation of Estates Abroad.--
            ``(1) Authority to act as conservator.--Whenever a United 
        States citizen or national dies abroad, a consular officer shall 
        act as the provisional conservator of the portion of the 
        decedent's estate located abroad and, subject to paragraphs (3), 
        (4), and (5), shall--
                    ``(A) take possession of the personal effects of the 
                decedent within his jurisdiction;
                    ``(B) inventory and appraise the personal effects of 
                the decedent, sign the inventory, and annex thereto a 
                certificate as to the accuracy of the inventory and 
                appraised value of each article;
                    ``(C) when appropriate in the exercise of prudent 
                administration, collect the debts due to the decedent in 
                the officer's jurisdiction and pay from the estate the 
                obligations owed by the decedent;
                    ``(D) sell or dispose of, as appropriate, in the 
                exercise of prudent administration, all perishable items 
                of property;
                    ``(E) sell, after reasonable public notice and 
                notice to such next of kin as can be ascertained with 
                reasonable diligence, such additional items of property 
                as necessary to provide funds sufficient to pay the 
                decedent's debts and property taxes in the country of 
                death, funeral expenses, and other expenses incident to 
                the disposition of the estate;
                    ``(F) upon the expiration of the one-year period 
                beginning on the date of death (or after such additional 
                period as may be required for final settlement of the 
                estate), if no claimant shall have appeared, after 
                reasonable public notice and notice to such next of kin 
                as can be ascertained with reasonable diligence, sell or 
                dispose of the residue of the personal estate, except as 
                provided in subparagraph (G), in the same manner as 
                United States Government-owned foreign excess property;
                    ``(G) transmit to the custody of the Secretary of 
                State in Washington, D.C. the proceeds of any sales, 
                together with all financial instruments (including 
                bonds, shares of stock, and notes of indebtedness), 
                jewelry, heirlooms, and other articles of obvious 
                sentimental value, to be held in trust for the legal 
                claimant; and
                    ``(H) in the event that the decedent's estate 
                includes an interest in real property located within the 
                jurisdiction of the officer and such interest does not 
                devolve by the applicable laws of intestate succession 
                or otherwise, provide for title to the property to be 
                conveyed to the Government of the United States unless 
                the Secretary declines to accept such conveyance.
            ``(2) Authority to act as administrator.--Subject to 
        paragraphs (3) and (4), a consular officer may act as 
        administrator of an estate in exceptional circumstances if 
        expressly authorized to do so by the Secretary of State.

[[Page 113 STAT. 1501A-428]]

            ``(3) Exceptions.--The responsibilities described in 
        paragraphs (1) and (2) may not be performed to the extent that 
        the decedent has left or there is otherwise appointed, in the 
        country where the death occurred or where the decedent was 
        domiciled, a legal representative, partner in trade, or trustee 
        appointed to take care of his personal estate. If the decedent's 
        legal representative shall appear at any time prior to 
        transmission of the estate to the Secretary and demand the 
        proceeds and effects being held by the consular officer, the 
        officer shall deliver them to the representative after having 
        collected any prescribed fee for the services performed under 
        this section.
            ``(4) Additional requirement.--In addition to being subject 
        to the limitations in paragraph (3), the responsibilities 
        described in paragraphs (1) and (2) may not be performed 
        unless--
                    ``(A) authorized by treaty provisions or permitted 
                by the laws or authorities of the country wherein the 
                death occurs, or the decedent is domiciled; or
                    ``(B) permitted by established usage in that 
                country.
            ``(5) Statutory construction.--Nothing in this section 
        supersedes or otherwise affects the authority of any military 
        commander under title 10 of the United States Code with respect 
        to the person or property of any decedent who died while under a 
        military command or jurisdiction or the authority of the Peace 
        Corps with respect to a Peace Corps volunteer or the volunteer's 
        property.

    ``(b) Disposition of Estates by the Secretary of State.--
            ``(1) Personal estates.--
                    ``(A) In general.--After receipt of a personal 
                estate pursuant to subsection (a), the Secretary may 
                seek payment of all outstanding debts to the estate as 
                they become due, may receive any balances due on such 
                estate, may endorse all checks, bills of exchange, 
                promissory notes, and other instruments of indebtedness 
                payable to the estate for the benefit thereof, and may 
                take such other action as is reasonably necessary for 
                the conservation of the estate.
                    ``(B) Disposition as surplus united states 
                property.--If, upon the expiration of a period of 5 
                fiscal years beginning on October 1 after a consular 
                officer takes possession of a personal estate under 
                subsection (a), no legal claimant for such estate has 
                appeared, title to the estate shall be conveyed to the 
                United States, the property in the estate shall be under 
                the custody of the Department of State, and the 
                Secretary shall dispose of the estate in the same manner 
                as surplus United States Government-owned property is 
                disposed or by such means as may be appropriate in light 
                of the nature and value of the property involved. The 
                expenses of sales shall be paid from the estate, and any 
                lawful claim received thereafter shall be payable to the 
                extent of the value of the net proceeds of the estate as 
                a refund from the appropriate Treasury appropriations 
                account.
                    ``(C) Transfer of proceeds.--The net cash estate 
                after disposition as provided in subparagraph (B) shall 
                be transferred to the miscellaneous receipts account of 
                the Treasury of the United States.
            ``(2) Real property.--

[[Page 113 STAT. 1501A-429]]

                    ``(A) Designation as excess property.--In the event 
                that title to real property is conveyed to the 
                Government of the United States pursuant to subsection 
                (a)(1)(H) and is not required by the Department of 
                State, such property shall be considered foreign excess 
                property under title IV of the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 511 et 
                seq.).
                    ``(B) Treatment as gift.--In the event that the 
                Department requires such property, the Secretary of 
                State shall treat such property as if it were an 
                unconditional gift accepted on behalf of the Department 
                of State under section 25 of this Act and section 
                9(a)(3) of the Foreign Service Buildings Act of 1926.

    ``(c) Losses in Connection With the Conservation of Estates.--
            ``(1) Authority to compensate.--The Secretary is authorized 
        to compensate the estate of any United States citizen who has 
        died overseas for property--
                    ``(A) the conservation of which has been undertaken 
                under section 43 or subsection (a) of this section; and
                    ``(B) that has been lost, stolen, or destroyed while 
                in the custody of officers or employees of the 
                Department of State.
            ``(2) Liability.--
                    ``(A) Exclusion of personal liability after 
                provision of compensation.--Any such compensation shall 
                be in lieu of personal liability of officers or 
                employees of the Department of State.
                    ``(B) Liability to the department.--An officer or 
                employee of the Department of State may be liable to the 
                Department of State to the extent of any compensation 
                provided under paragraph (1).
                    ``(C) Determinations of liability.--The liability of 
                any officer or employee of the Department of State to 
                the Department for any payment made under subsection (a) 
                shall be determined pursuant to the Department's 
                procedures for determining accountability for United 
                States Government property.

    ``(d) Regulations.--The Secretary of State may prescribe such 
regulations as may be necessary to carry out this section.''.
    (c) Effective Date.--The repeal and amendment made by this section 
shall take effect six months after the date of enactment of this Act.

SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND 
            INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.

    Section 43 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2715) is amended--
            (1) by inserting ``(a) Authority.--'' before ``In'';
            (2) by striking ``disposition of personal effects.'' in the 
        last sentence and inserting ``disposition of personal estates 
        pursuant to section 43B of this Act.''; and
            (3) by adding at the end the following new subsection:

    ``(b) Definitions.--For purposes of this section and sections 43A 
and 43B, the term `consular officer' includes any United States citizen 
employee of the Department of State who is designated

[[Page 113 STAT. 1501A-430]]

by the Secretary of State to perform consular services pursuant to such 
regulations as the Secretary may prescribe.''.

SEC. 236. ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.

    (a) In General.--
            (1) Regulations.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of State shall issue 
        regulations providing that before a child under the age of 14 
        years is issued a passport the requirements under paragraph (2) 
        shall apply under penalty of perjury.
            (2) Requirements.--
                    (A) Both parents, or the child's legal guardian, 
                must execute the application and provide documentary 
                evidence demonstrating that they are the parents or 
                guardian; or
                    (B) the person executing the application must 
                provide documentary evidence that such person--
                          (i) has sole custody of the child;
                          (ii) has the consent of the other parent to 
                      the issuance of the passport; or
                          (iii) is in loco parentis and has the consent 
                      of both parents, of a parent with sole custody 
                      over the child, or of the child's legal guardian, 
                      to the issuance of the passport.

    (b) Exceptions.--The regulations required by subsection (a) may 
provide for exceptions in exigent circumstances, such as those involving 
the health or welfare of the child, or when the Secretary determines 
that issuance of a passport is warranted by special family 
circumstances.

SEC. 237. PROCESSING OF VISA APPLICATIONS.

    (a) Policy.--It shall be the policy of the Department of State to 
process immigrant visa applications of immediate relatives of United 
States citizens and nonimmigrant K-1 visa applications of fiances of 
United States citizens within 30 days of the receipt of all necessary 
documents from the applicant and the Immigration and Naturalization 
Service. In the case of an immigrant visa application where the sponsor 
of such applicant is a relative other than an immediate relative, it 
should be the policy of the Department of State to process such an 
application within 60 days of the receipt of all necessary documents 
from the applicant and the Immigration and Naturalization Service.
    (b) Reports.--Not later than 180 days after the date of enactment of 
this Act, and not later than 1 year thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on the 
extent to which the Department of State is meeting the policy standards 
under subsection (a). Each report shall be based on a survey of the 22 
consular posts which account for approximately 72 percent of immigrant 
visas issued and, in addition, the consular posts in Guatemala City, 
Nicosia, Caracas, Naples, and Jakarta. Each report should include data 
on the average time for processing each category of visa application 
under subsection (a), a list of the embassies and consular posts which 
do not meet the policy standards under subsection (a), the amount of 
funds collected worldwide for processing of visa applications during the 
most recent fiscal year, the estimated costs of processing such visa 
applications (based on the Department of State's most recent fee study), 
the steps being taken by the Department of State to achieve such policy 
standards, and results achieved by

[[Page 113 STAT. 1501A-431]]

the interagency working group charged with the goal of reducing the 
overall processing time for visa applications.

SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON 
            INDIVIDUALS IN ARREARS ON CHILD SUPPORT.

    (a) Report to Congress.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary of State, in consultation with 
the Secretary of Health and Human Services, shall submit a report to the 
appropriate congressional committees, the Committee on Ways and Means of 
the House of Representatives, and the Committee on Finance of the Senate 
on the feasibility of decreasing the amount of an individual's 
arrearages of child support that would require the Secretary of State to 
refuse to issue a passport to such individual, or otherwise act with 
respect to such an individual, as provided under section 452(k) of the 
Social Security Act (42 U.S.C. 652(k)).
    (b) Contents of Report.--The report under subsection (a) shall 
include the following:
            (1) The estimated cost to the Department of State of 
        reducing the arrearage amount which would result in a refusal to 
        issue a passport to $2,500 and, in addition, an amount between 
        $5,000 and $2,500.
            (2) A projection of the estimated benefits of reducing the 
        amount to $2,500 (or an amount between $5,000 and $2,500), which 
        shall include an estimate of the additional numbers of 
        individuals who would be subject to denial, an estimate of the 
        additional child support arrearages that would be received 
        through such a reduction, and an estimate of the amount of child 
        support that would be paid earlier than under current law 
        (together with an estimate of how much earlier such amounts 
        would be paid).
            (3) Information regarding the number of individuals with 
        child support arrearages over $2,500 and the average length of 
        time it takes for individuals to reach $2,500 in arrearages.
            (4) The methodology for the cost estimates and benefit 
        projections described in paragraphs (1) and (2).

                          Subtitle C--Refugees

SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF 
            REFUGEES.

    (a) In General.--None of the funds made available by this Act or by 
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 
U.S.C. 2601(c)) shall be available to effect the involuntary return by 
the United States of any person to a country in which the person has a 
well-founded fear of persecution on account of race, religion, 
nationality, membership in a particular social group, or political 
opinion, except on grounds recognized as precluding protection as a 
refugee under the United Nations Convention Relating to the Status of 
Refugees of July 28, 1951, and the Protocol Relating to the Status of 
Refugees of January 31, 1967, subject to the reservations contained in 
the United States Senate Resolution of Ratification.
    (b) Migration and Refugee Assistance.--None of the funds made 
available by this Act or by section 2(c) of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be

[[Page 113 STAT. 1501A-432]]

available to effect the involuntary return of any person to any country 
unless the Secretary of State first notifies the appropriate 
congressional committees, except that in the case of an emergency 
involving a threat to human life the Secretary of State shall notify the 
appropriate congressional committees as soon as practicable.
    (c) Involuntary Return Defined.--As used in this section, the term 
``to effect the involuntary return'' means to require, by means of 
physical force or circumstances amounting to a threat thereof, a person 
to return to a country against the person's will, regardless of whether 
the person is physically present in the United States and regardless of 
whether the United States acts directly or through an agent.

SEC. 252. HUMAN RIGHTS REPORTS.

    Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2304(b)) is amended by inserting after the fourth sentence the 
following: ``Each report under this section shall describe the extent to 
which each country has extended protection to refugees, including the 
provision of first asylum and resettlement.''.

SEC. 253. GUIDELINES FOR REFUGEE PROCESSING POSTS.

    (a) Guidelines for Addressing Hostile Biases.--Section 602(c)(1) of 
the International Religious Freedom Act of 1998 (Public Law 105-292; 112 
Stat. 2812) is amended by inserting ``and of the Department of State'' 
after ``Service''.
    (b) Guidelines for Overseas Refugee Processing.--Section 602(c) of 
such Act is further amended by adding at the end the following new 
paragraph:
            ``(3) Not later than 120 days after the date of the 
        enactment of the Admiral James W. Nance and Meg Donovan Foreign 
        Relations Authorization Act, Fiscal Years 2000 and 2001, the 
        Secretary of State (after consultation with the Attorney 
        General) shall issue guidelines to ensure that persons with 
        potential biases against any refugee applicant, including 
        persons employed by, or otherwise subject to influence by, 
        governments known to be involved in persecution on account of 
        religion, race, nationality, membership in a particular social 
        group, or political opinion, shall not in any way be used in 
        processing determinations of refugee status, including 
        interpretation of conversations or examination of documents 
        presented by such applicants.''.

SEC. 254. GENDER-RELATED PERSECUTION TASK FORCE.

    (a) Establishment of Task Force.--The Secretary of State, in 
consultation with the Attorney General and other appropriate Federal 
agencies, shall establish a task force with the goal of determining 
eligibility guidelines for women seeking refugee status overseas due to 
gender-related persecution.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of State shall prepare and submit to the 
Congress a report outlining the guidelines determined by the task force 
under subsection (a).

SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.

    (a) Eligibility for In-Country Refugee Processing in Vietnam.--For 
purposes of eligibility for in-country refugee processing for nationals 
of Vietnam during fiscal years 2000 and 2001, an alien described in 
subsection (b) or (d) shall be considered

[[Page 113 STAT. 1501A-433]]

to be a refugee of special humanitarian concern to the United States 
(within the meaning of section 207 of the Immigration and Nationality 
Act (8 USC 1157)) and shall be admitted to the United States for 
resettlement if the alien would be admissible as an immigrant under the 
Immigration and Nationality Act (except as provided in section 207(c)(3) 
of that Act).
    (b) Aliens Covered.--An alien described in this subsection is an 
alien who--
            (1) is the son or daughter of a qualified national;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of the 
        alien's parent for resettlement under the Orderly Departure 
        Program or through the United States Consulate General in Ho Chi 
        Minh City.

    (c) Qualified National.--The term ``qualified national'' in 
subsection (b)(1) means a national of Vietnam who--
            (1)(A) was formerly interned in a re-education camp in 
        Vietnam by the Government of the Socialist Republic of Vietnam; 
        or
            (B) is the widow or widower of an individual described in 
        subparagraph (A);
            (2)(A) qualified for refugee processing under the Orderly 
        Departure Program re-education subprogram; and
            (B) except as provided in subsection (d), on or after April 
        1, 1995, is or has been accepted under the Orderly Departure 
        Program or through the United States Consulate General in Ho Chi 
        Minh City--
                    (i) for resettlement as a refugee; or
                    (ii) for admission to the United States as an 
                immediate relative immigrant; and
            (3)(A) is presently maintaining a residence in the United 
        States; or
            (B) was approved for refugee resettlement or immigrant visa 
        processing and is awaiting departure formalities from Vietnam.

    (d) Previous Denials Based on Lack of Co-Residency.--An alien who is 
otherwise qualified under subsection (b) is eligible for admission for 
resettlement regardless of the date of acceptance of the alien's parent 
if the alien previously was denied refugee resettlement based solely on 
the fact that the alien was not listed continuously on the parent's 
residence permit.

    TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                    Subtitle A--Organization Matters

SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE.

    (a) Development of Assessment.--The Secretary of State shall assess 
the administrative and personnel requirements for the establishment of 
legislative liaison offices for the Department of State within the 
office buildings of the House of Representatives and the Senate. In 
undertaking the assessment, the Secretary

[[Page 113 STAT. 1501A-434]]

should examine existing liaison offices of other executive departments 
that are located in the congressional office buildings, including the 
liaison offices of the military services.
    (b) Assessment Considerations.--The assessment required by 
subsection (a) shall consider--
            (1) space requirements;
            (2) cost implications;
            (3) personnel structure; and
            (4) the feasibility of modifying the Pearson Fellowship 
        program in order to have members of the Foreign Service who 
        serve in such fellowships serve a second year in a legislative 
        liaison office.

    (c) Transmittal of Assessment.--Not later than 6 months after the 
date of the enactment of this Act, the Secretary of State shall submit 
to the Committee on International Relations and the Committee on House 
Administration of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Rules and Administration of the 
Senate the assessment developed under subsection (a).

SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

    The Secretary of State shall designate a senior-level official of 
the Department of State with responsibility for promoting regional 
cooperation in and coordinating United States policy toward Northeastern 
Europe.

SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE.

    (a) Designation.--The Secretary of State shall designate a senior-
level official of the Department of State as the Science and Technology 
Adviser to the Secretary of State (in this section referred to as the 
``Adviser''). The Adviser shall have substantial experience in the area 
of science and technology. The Adviser shall report to the Secretary of 
State through the appropriate Under Secretary of State.
    (b) Duties.--The Adviser shall--
            (1) advise the Secretary of State, through the appropriate 
        Under Secretary of State, on international science and 
        technology matters affecting the foreign policy of the United 
        States; and
            (2) perform such duties, exercise such powers, and have such 
        rank and status as the Secretary of State shall prescribe.

SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS.

    Section 1333(c) of the Foreign Affairs Reform and Restructuring Act 
of 1998 (as enacted in division G of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended--
            (1) after ``diplomacy programs'' by inserting ``, identified 
        as public diplomacy funds in any Congressional Presentation 
        Document described in subsection (e), or reprogrammed for public 
        diplomacy purposes,'';
            (2) by striking ``Except'' and inserting ``(1) Except''; and
            (3) by adding at the end the following new paragraph:

    ``(2) Construction.--Nothing in paragraph (1) may be construed (A) 
to interfere with the integration of administrative

[[Page 113 STAT. 1501A-435]]

resources between public diplomacy and other functions of the Department 
of State or to prevent the occasional performance of functions other 
than public diplomacy by officials or employees of the Department of 
State who are primarily assigned to public diplomacy, provided there is 
no substantial resulting diminution in the amount of resources devoted 
to public diplomacy below the amounts described in paragraph (1), or (B) 
to supersede reprogramming procedures.''.

SEC. 305. REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM 
            OFFICE.

    (a) Additional Resources.--In addition to other amounts authorized 
to be appropriated for the purposes of the Diplomatic Telecommunications 
Service Program Office (DTS-PO), of the amounts made available to the 
Department of State under section 101(2), $18,000,000 shall be made 
available only to the DTS-PO for enhancement of Diplomatic 
Telecommunications Service capabilities.
    (b) Improvement of DTS-PO.--In order for the DTS-PO to better manage 
a fully integrated telecommunications network to service all agencies at 
diplomatic missions and consular posts, the DTS-PO shall--
            (1) ensure that those enhancements of, and the provision of 
        service for, telecommunication capabilities that involve the 
        national security interests of the United States receive the 
        highest prioritization;
            (2) not later than December 31, 1999, terminate all leases 
        for satellite systems located at posts in criteria countries, 
        unless all maintenance and servicing of the satellite system is 
        undertaken by United States citizens who have received 
        appropriate security clearances;
            (3) institute a system of charges for utilization of 
        bandwidth by each agency beginning October 1, 2000, and 
        institute a comprehensive chargeback system to recover all, or 
        substantially all, of the other costs of telecommunications 
        services provided through the Diplomatic Telecommunications 
        Service to each agency beginning October 1, 2001;
            (4) ensure that all DTS-PO policies and procedures comply 
        with applicable policies established by the Overseas Security 
        Policy Board; and
            (5) maintain the allocation of the positions of Director and 
        Deputy Director of DTS-PO as those positions were assigned as of 
        June 1, 1999, which assignments shall pertain through fiscal 
        year 2001, at which time such assignments shall be adjusted in 
        the customary manner.

    (c) Report on Improving Management.--Not later than March 31, 2000, 
the Director and Deputy Director of DTS-PO shall jointly submit to the 
Committee on International Relations and the Permanent Select Committee 
on Intelligence of the House of Representatives and the Committee on 
Foreign Relations and the Select Committee on Intelligence of the Senate 
the Director's plan for improving network architecture, engineering, 
operations monitoring and control, service metrics reporting, and 
service provisioning, so as to achieve highly secure, reliable, and 
robust communications capabilities that meet the needs of both national 
security agencies and other United States agencies with overseas 
personnel.

[[Page 113 STAT. 1501A-436]]

    (d) Funding of DTS-PO.--Funds appropriated for allocation to DTS-PO 
shall be made available only for DTS-PO until a comprehensive chargeback 
system is in place.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means the Committee on 
International Relations and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on 
Foreign Relations and the Select Committee on Intelligence of the 
Senate.

            Subtitle B--Personnel of the Department of State

SEC. 321. AWARD OF FOREIGN SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is amended by 
inserting after section 36 (22 U.S.C. 2708) the following new section:

``SEC. 36A. AWARD OF FOREIGN SERVICE STAR.

    ``(a) Authority to Award.--The President, upon the recommendation of 
the Secretary, may award a Foreign Service star to any member of the 
Foreign Service or any other civilian employee of the Government of the 
United States who, while employed at, or assigned permanently or 
temporarily to, an official mission overseas or while traveling abroad 
on official business, incurred a wound or other injury or an illness 
(whether or not the wound, other injury, or illness resulted in death)--
            ``(1) as the person was performing official duties;
            ``(2) as the person was on the premises of a United States 
        mission abroad; or
            ``(3) by reason of the person's status as a United States 
        Government employee.

    ``(b) Selection Criteria.--The Secretary shall prescribe the 
procedures for identifying and considering persons eligible for award of 
a Foreign Service star and for selecting the persons to be recommended 
for the award.
    ``(c) Award in the Event of Death.--If a person selected for award 
of a Foreign Service star dies before being presented the award, the 
award may be made and the star presented to the person's family or to 
the person's representative, as designated by the President.
    ``(d) Form of Award.--The Secretary shall prescribe the design of 
the Foreign Service star. The award may not include a stipend or any 
other cash payment.
    ``(e) Funding.--Any expenses incurred in awarding a person a Foreign 
Service star may be paid out of appropriations available at the time of 
the award for personnel of the department or agency of the United States 
Government in which the person was employed when the person incurred the 
wound, injury, or illness upon which the award is based.''.

SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.

    Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
3968(a)(1)) is amended in the last sentence--
            (1) by striking ``(A)'' and all that follows through 
        ``(B)''; and

[[Page 113 STAT. 1501A-437]]

            (2) by striking ``this total compensation package'' and 
        inserting ``the total compensation package''.

SEC. 323. LIMITATION ON PERCENTAGE OF SENIOR FOREIGN SERVICE ELIGIBLE 
            FOR PERFORMANCE PAY.

    Section 405(b)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
3965(b)(1)) is amended by striking ``50'' and inserting ``33''.

SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.

    The Director General of the Foreign Service shall submit a report on 
the first day of each fiscal quarter to the appropriate congressional 
committees containing the following:
            (1) The number of members of the Senior Foreign Service.
            (2) The number of vacant positions designated for members of 
        the Senior Foreign Service.
            (3) The number of members of the Senior Foreign Service who 
        are not assigned to positions.

SEC. 325. REPORT ON MANAGEMENT TRAINING.

    Not later than April 1, 2000, the Department of State shall report 
to the appropriate congressional committees on the feasibility of 
modifying current training programs and curricula so that the Department 
can provide significant and comprehensive management training at all 
career grades for Foreign Service personnel.

SEC. 326. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL 
            AGENCIES.

    Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C. 
4001(c)) is amended by striking paragraph (4) and inserting the 
following:
    ``(4) Not later than March 1, 2001, and every four years thereafter, 
the Secretary of State shall submit a report to the Speaker of the House 
of Representatives and to the Committee on Foreign Relations of the 
Senate which shall include the following:
            ``(A) A description of the steps taken and planned in 
        furtherance of--
                    ``(i) maximum compatibility among agencies utilizing 
                the Foreign Service personnel system, as provided for in 
                section 203, and
                    ``(ii) the development of uniform policies and 
                procedures and consolidated personnel functions, as 
                provided for in section 204.
            ``(B) A workforce plan for the subsequent five years, 
        including projected personnel needs, by grade and by skill. Each 
        such plan shall include for each category the needs for foreign 
        language proficiency, geographic and functional expertise, and 
        specialist technical skills. Each workforce plan shall 
        specifically account for the training needs of Foreign Service 
        personnel and shall delineate an intake program of generalist 
        and specialist Foreign Service personnel to meet projected 
        future requirements.

    ``(5) If there are substantial modifications to any workforce plan 
under paragraph (4)(B) during any year in which a report under paragraph 
(4) is not required, a supplemental annual notification shall be 
submitted in the same manner as reports are required to be submitted 
under paragraph (4).''.

[[Page 113 STAT. 1501A-438]]

SEC. 327. RECORDS OF DISCIPLINARY ACTIONS.

    (a) In General.--Section 604 of the Foreign Service Act of 1980 (22 
U.S.C. 4004) is amended--
            (1) by striking ``Confidentiality of Records.--'' and 
        inserting ``Records.--(a)''; and
            (2) by adding at the end the following new subsection:

    ``(b) Notwithstanding subsection (a), any record of disciplinary 
action that includes a suspension of more than five days taken against a 
member of the Service, including any correction of that record under 
section 1107(b)(1), shall remain a part of the personnel records until 
the member is tenured as a career member of the Service or next 
promoted.''.
    (b) Effective Date.--The amendments made by this section apply to 
all disciplinary actions initiated on or after the date of enactment of 
this Act.

SEC. 328. LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN 
            SERVICE RECOMMENDED FOR SEPARATION FOR CAUSE.

    Section 610(a) of the Foreign Service Act (22 U.S.C. 4010(a)) is 
amended by adding at the end the following new paragraph:
    ``(6) Notwithstanding the hearing required by paragraph (2), at the 
time the Secretary recommends that a member of the Service be separated 
for cause, that member shall be placed on leave without pay pending 
final resolution of the underlying matter, subject to reinstatement with 
back pay if cause for separation is not established in a hearing before 
the Board.''.

SEC. 329. TREATMENT OF GRIEVANCE RECORDS.

    Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
4133(d)(1)) is amended by adding the following new sentence at the end: 
``Nothing in this subsection shall prevent a grievant from placing a 
rebuttal to accompany a record of disciplinary action in such grievant's 
personnel records nor prevent the Department from including a response 
to such rebuttal, including documenting those cases in which the Board 
has reviewed and upheld the discipline.''.

SEC. 330. DEADLINES FOR FILING GRIEVANCES.

    (a) In General.--Section 1104(a) of the Foreign Service Act of 1980 
(22 U.S.C. 4134(a)) is amended in the first sentence by striking 
``within a period of 3 years'' and all that follows through the period 
and inserting ``not later than two years after the occurrence giving 
rise to the grievance or, in the case of a grievance with respect to the 
grievant's rater or reviewer, one year after the date on which the 
grievant ceased to be subject to rating or review by that person, but in 
no case less than two years after the occurrence giving rise to the 
grievance.''.
    (b) Grievances Alleging Discrimination.--Section 1104 of that Act 
(22 U.S.C. 4134) is amended in subsection (c) by striking ``3 years'' 
and inserting ``2 years''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act and shall apply 
to grievances which arise on or after such effective date.

[[Page 113 STAT. 1501A-439]]

SEC. 331. REPORTS BY THE FOREIGN SERVICE GRIEVANCE BOARD.

    Section 1105 of the Foreign Service Act of 1980 (22 U.S.C. 4135) is 
amended by adding at the end the following new subsection:
    ``(f)(1) Not later than March 1 of each year, the Chairman of the 
Foreign Service Grievance Board shall prepare a report summarizing the 
activities of the Board during the previous calendar year. The report 
shall include--
            ``(A) the number of cases filed;
            ``(B) the types of cases filed;
            ``(C) the number of cases on which a final decision was 
        reached, as well as data on the outcome of cases, whether 
        affirmed, reversed, settled, withdrawn, or dismissed;
            ``(D) the number of oral hearings conducted and the length 
        of each such hearing;
            ``(E) the number of instances in which interim relief was 
        granted by the Board; and
            ``(F) data on the average time for consideration of a 
        grievance, from the time of filing to a decision of the Board.

    ``(2) The report required under paragraph (1) shall be submitted to 
the Director General of the Foreign Service and the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives.''.

SEC. 332. EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL SYSTEM.

    Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C. 
3922(a)) is amended by adding at the end the following new paragraph:
            ``(4)(A) Whenever (and to the extent) the Secretary of State 
        considers it in the best interests of the United States 
        Government, the Secretary of State may authorize the head of any 
        agency or other Government establishment (including any 
        establishment in the legislative or judicial branch) to appoint 
        under section 303 individuals described in subparagraph (B) as 
        members of the Service and to utilize the Foreign Service 
        personnel system with respect to such individuals under such 
        regulations as the Secretary of State may prescribe.
            ``(B) The individuals referred to in subparagraph (A) are 
        individuals eligible for employment abroad under section 
        311(a).''.

SEC. 333. BORDER EQUALIZATION PAY ADJUSTMENT.

    (a) In General.--Chapter 4 of title I of the Foreign Service Act of 
1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the 
following new section:

``SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.

    ``(a) In General.--An employee who regularly commutes from the 
employee's place of residence in the continental United States to an 
official duty station in Canada or Mexico shall receive a border 
equalization pay adjustment equal to the amount of comparability 
payments under section 5304 of title 5, United States Code, that the 
employee would receive if the employee were assigned to an official duty 
station within the United States locality pay area closest to the 
employee's official duty station.
    ``(b) Employee Defined.--For purposes of this section, the term 
`employee' means a person who--

[[Page 113 STAT. 1501A-440]]

            ``(1) is an `employee' as defined under section 2105 of 
        title 5, United States Code; and
            ``(2) is employed by the Department of State, the United 
        States Agency for International Development, or the 
        International Joint Commission of the United States and Canada 
        (established under Article VII of the treaty signed January 11, 
        1909) (36 Stat. 2448), except that the term shall not include 
        members of the Service (as specified in section 103).

    ``(c) Treatment as Basic Pay.--An equalization pay adjustment paid 
under this section shall be considered to be part of basic pay for the 
same purposes for which comparability payments are considered to be part 
of basic pay under section 5304 of title 5, United States Code.
    ``(d) Regulations.--The heads of the agencies referred to in 
subsection (b)(2) may prescribe regulations to carry out this 
section.''.
    (b) Conforming Amendment.--The table of contents for the Foreign 
Service Act of 1980 is amended by inserting after the item relating to 
section 413 the following new item:

``Sec. 414. Border equalization pay adjustment.''.

SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH 
            INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Title 5 of the United States Code is amended by 
inserting after section 8432b the following new section:

``Sec. 8432c. Contributions of certain persons reemployed after service 
                        with international organizations

    ``(a) In this section, the term `covered person' means any person 
who--
            ``(1) transfers from a position of employment covered by 
        chapter 83 or 84 or subchapter I or II of chapter 8 of the 
        Foreign Service Act of 1980 to a position of employment with an 
        international organization pursuant to section 3582;
            ``(2) pursuant to section 3582 elects to retain coverage, 
        rights, and benefits under any system established by law for the 
        retirement of persons during the period of employment with the 
        international organization and currently deposits the necessary 
        deductions in payment for such coverage, rights, and benefits in 
        the system's fund; and
            ``(3) is reemployed pursuant to section 3582(b) to a 
        position covered by chapter 83 or 84 or subchapter I or II of 
        chapter 8 of the Foreign Service Act of 1980 after separation 
        from the international organization.

    ``(b)(1) Each covered person may contribute to the Thrift Savings 
Fund, in accordance with this subsection, an amount not to exceed the 
amount described in paragraph (2).
    ``(2) The maximum amount which a covered person may contribute under 
paragraph (1) is equal to--
            ``(A) the total amount of all contributions under section 
        8351(b)(2) or 8432(a), as applicable, which the person would 
        have made over the period beginning on the date of transfer of 
        the person (as described in subsection (a)(1)) and ending on the 
        day before the date of reemployment of the person (as described 
        in subsection (a)(3)), minus

[[Page 113 STAT. 1501A-441]]

            ``(B) the total amount of all contributions, if any, under 
        section 8351(b)(2) or 8432(a), as applicable, actually made by 
        the person over the period described in subparagraph (A).

    ``(3) Contributions under paragraph (1)--
            ``(A) shall be made at the same time and in the same manner 
        as would any contributions under section 8351(b)(2) or 8432(a), 
        as applicable;
            ``(B) shall be made over the period of time specified by the 
        person under paragraph (4)(B); and
            ``(C) shall be in addition to any contributions actually 
        being made by the person during that period under section 
        8351(b)(2) or 8432(a), as applicable.

    ``(4) The Executive Director shall prescribe the time, form, and 
manner in which a covered person may specify--
            ``(A) the total amount the person wishes to contribute with 
        respect to any period described in paragraph (2)(A); and
            ``(B) the period of time over which the covered person 
        wishes to make contributions under this subsection.

    ``(c) If a covered person who makes contributions under section 
8432(a) makes contributions under subsection (b), the agency employing 
the person shall make those contributions to the Thrift Savings Fund on 
the person's behalf in the same manner as contributions are made for an 
employee described in section 8432b(a) under sections 8432b(c), 
8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid 
in the same manner as amounts are paid under section 8432b(g).
    ``(d) For purposes of any computation under this section, a covered 
person shall, with respect to the period described in subsection 
(b)(2)(A), be considered to have been paid at the rate which would have 
been payable over such period had the person remained continuously 
employed in the position that the person last held before transferring 
to the international organization.
    ``(e) For purposes of section 8432(g), a covered person shall be 
credited with a period of civilian service equal to the period beginning 
on the date of transfer of the person (as described in subsection 
(a)(1)) and ending on the day before the date of reemployment of the 
person (as described in subsection (a)(3)).
    ``(f) The Executive Director shall prescribe regulations to carry 
out this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 84 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 8432b the following:

``8432c. Contributions of certain persons reemployed after service with 
           international organizations.''.

    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to persons reemployed on or after the date of enactment of this 
Act.

SEC. 335. TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE 
            PERSONNEL.

    Section 5922 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(f)(1) If an employee dies at post in a foreign area, a transfer 
allowance under section 5924(2)(B) may be granted to the spouse or 
dependents of such employee (or both) for the purpose of providing for 
their return to the United States.

[[Page 113 STAT. 1501A-442]]

    ``(2) A transfer allowance under this subsection may not be granted 
with respect to the spouse or a dependent of the employee unless, at the 
time of death, such spouse or dependent was residing--
            ``(A) at the employee's post of assignment; or
            ``(B) at a place, outside the United States, for which a 
        separate maintenance allowance was being furnished under section 
        5924(3).

    ``(3) The President may prescribe any regulations necessary to carry 
out this subsection.''.

SEC. 336. PARENTAL CHOICE IN EDUCATION.

    Section 5924(4) of title 5, United States Code, is amended--
            (1) in subparagraph (A), by striking ``between that post and 
        the nearest locality where adequate schools are available,'' and 
        inserting ``between that post and the school chosen by the 
        employee, not to exceed the total cost to the Government of the 
        dependent attending an adequate school in the nearest locality 
        where an adequate school is available,''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) In those cases in which an adequate school is 
                available at the post of the employee, if the employee 
                chooses to educate the dependent at a school away from 
                post, the education allowance which includes board and 
                room, and periodic travel between the post and the 
                school chosen, shall not exceed the total cost to the 
                Government of the dependent attending an adequate school 
                at the post of the employee.''.

SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

    Section 5927 of title 5, United States Code, is amended to read as 
follows:

``Sec. 5927. Advances of pay

    ``(a) Up to three months' pay may be paid in advance--
            ``(1) to an employee upon the assignment of the employee to 
        a post in a foreign area;
            ``(2) to an employee, other than an employee appointed under 
        section 303 of the Foreign Service Act of 1980 (and employed 
        under section 311 of such Act), who--
                    ``(A) is a citizen of the United States;
                    ``(B) is officially stationed or located outside the 
                United States pursuant to Government authorization; and
                    ``(C) requires (or has a family member who requires) 
                medical treatment outside the United States, in 
                circumstances specified by the President in regulations; 
                and
            ``(3) to a foreign national employee appointed under section 
        303 of the Foreign Service Act of 1980, or a nonfamily member 
        United States citizen appointed under such section 303 (and 
        employed under section 311 of such Act) for service at such 
        nonfamily member's post of residence, who--
                    ``(A) is located outside the country of employment 
                of such foreign national employee or nonfamily member 
                (as the case may be) pursuant to Government 
                authorization; and

[[Page 113 STAT. 1501A-443]]

                    ``(B) requires medical treatment outside the country 
                of employment of such foreign national employee or 
                nonfamily member (as the case may be), in circumstances 
                specified by the President in regulations.

    ``(b) For the purpose of this section, the term `country of 
employment', as used with respect to an individual under subsection 
(a)(3), means the country (or other area) outside the United States 
where such individual is appointed (as described in subsection (a)(3)) 
by the Government.''.

SEC. 338. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE 
            AND TECHNICAL PERSONNEL.

    (a) Findings.--Congress finds that administrative and technical 
personnel posted to United States missions abroad who do not have 
diplomatic status suffer financial disadvantages from their lack of such 
status.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of State should submit a report to the 
appropriate congressional committees concerning the extent to which 
administrative and technical personnel posted to United States missions 
abroad who do not have diplomatic status suffer financial disadvantages 
from their lack of such status, including proposals to alleviate such 
disadvantages.

SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL 
            INVESTIGATIONS.

    (a) Amendment of the Foreign Service Act of 1980.--Section 209(c) of 
the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding 
at the end the following:
            ``(5) Investigations.--
                    ``(A) Conduct of investigations.--In conducting 
                investigations of potential violations of Federal 
                criminal law or Federal regulations, the Inspector 
                General shall--
                          ``(i) abide by professional standards 
                      applicable to Federal law enforcement agencies; 
                      and
                          ``(ii) make every reasonable effort to permit 
                      each subject of an investigation an opportunity to 
                      provide exculpatory information.
                    ``(B) Final reports of investigations.--In order to 
                ensure that final reports of investigations are thorough 
                and accurate, the Inspector General shall--
                          ``(i) make every reasonable effort to ensure 
                      that any person named in a final report of 
                      investigation has been afforded an opportunity to 
                      refute any allegation of wrongdoing or assertion 
                      with respect to a material fact made regarding 
                      that person's actions;
                          ``(ii) include in every final report of 
                      investigation any exculpatory information, as well 
                      as any inculpatory information, that has been 
                      discovered in the course of the investigation.''.

    (b) Annual Report.--Section 209(d)(2) of the Foreign Service Act of 
1980 (22 U.S.C. 3929(d)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:

[[Page 113 STAT. 1501A-444]]

                    ``(F) a notification, which may be included, if 
                necessary, in the classified portion of the report, of 
                any instance in a case that was closed during the period 
                covered by the report when the Inspector General decided 
                not to afford an individual the opportunity described in 
                subsection (c)(5)(B)(i) to refute any allegation and the 
                rationale for denying such individual that 
                opportunity.''.

    (c) Statutory Construction.--Nothing in the amendments made by this 
section may be construed to modify--
            (1) section 209(d)(4) of the Foreign Service Act of 1980 (22 
        U.S.C. 3929(d)(4));
            (2) section 7(b) of the Inspector General Act of 1978 (5 
        U.S.C. app.);
            (3) the Privacy Act of 1974 (5 U.S.C. 552a);
            (4) the provisions of section 2302(b)(8) of title 5 
        (relating to whistleblower protection);
            (5) rule 6(e) of the Federal Rules of Criminal Procedure 
        (relating to the protection of grand jury information); or
            (6) any statute or executive order pertaining to the 
        protection of classified information.

    (d) No Grievance or Right of Action.--A failure to comply with the 
amendments made by this section shall not give rise to any private right 
of action in any court or to an administrative complaint or grievance 
under any law.
    (e) Effective Date.--The amendments made by this section shall apply 
to cases opened on or after the date of the enactment of this Act.

SEC. 340. STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS 
            OVERSEAS.

    Not later than 180 days after the date of enactment of this Act, the 
President shall submit a report to the appropriate congressional 
committees on the benefits and compensation paid to the survivors and 
personal representatives of the United States Government employees 
(including those in the uniformed services and Foreign Service National 
employees) killed in the performance of duty abroad as result of 
terrorist acts. All appropriate United States Government agencies shall 
contribute to the preparation of the report. The report shall include a 
comparison of benefits available to military and civilian employees and 
should include any recommendations for additional or other types of 
benefits or compensation.

SEC. 341. PRESERVATION OF DIVERSITY IN REORGANIZATION.

    Section 1613(c) of the Foreign Affairs Reform and Restructuring Act 
of 1998 (as enacted by division G of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by inserting after the first sentence the following: ``In 
carrying out the reorganization under this Act, the Secretary shall 
ensure that the advances made in increasing the number and status of 
women and minorities within the foreign affairs agencies of the Federal 
Government, in terms of representation within the agencies as well as 
relative rank, are not undermined by discrimination within the newly 
reorganized Department of State.''.

[[Page 113 STAT. 1501A-445]]

    TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                 Subtitle A--Authorities and Activities

SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR 
            TIBETANS AND BURMESE.

    (a) Designation of Ngawang Choephel Exchange Programs.--Section 
103(a) of the Human Rights, Refugee, and Other Foreign Relations 
Provisions Act of 1996 (Public Law 104-319) is amended by inserting 
after the first sentence the following: ``Exchange programs under this 
subsection shall be known as the `Ngawang Choephel Exchange 
Programs'.''.
    (b) Scholarships for Tibetans and Burmese.--Section 103(b)(1) of the 
Human Rights, Refugee, and Other Foreign Relations Provisions Act of 
1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended by striking 
``for the fiscal year 1999'' and inserting ``for the fiscal year 2000''.
    (c) Scholarships for Preservation of Tibet's culture, language, and 
religion.--Section 103(b)(1) of the Human Rights, Refugee, and Other 
Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 
2151 note) is further amended by striking ``Tibet,'' and inserting 
``Tibet (whenever practical giving consideration to individuals who are 
active in the preservation of Tibet's culture, language, and 
religion),''.

SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    Section 102 of the Human Rights, Refugee, and Other Foreign 
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2452 
note) is amended to read as follows:

``SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE 
            PROGRAMS.

    ``(a) In General.--In carrying out programs of educational and 
cultural exchange in countries whose people do not fully enjoy freedom 
and democracy, the Secretary of State, with the assistance of the Under 
Secretary of State for Public Diplomacy, shall provide, where 
appropriate, opportunities for significant participation in such 
programs to nationals of such countries who are--
            ``(1) human rights or democracy leaders of such countries; 
        or
            ``(2) committed to advancing human rights and democratic 
        values in such countries.

    ``(b) Grantee Organizations.--To the extent practicable, grantee 
organizations selected to operate programs described in subsection (a) 
shall be selected through an open competitive process. Among the factors 
that should be considered in the selection of such a grantee are the 
willingness and ability of the organization to--
            ``(1) recruit a broad range of participants, including those 
        described in paragraphs (1) and (2) of subsection (a); and

[[Page 113 STAT. 1501A-446]]

            ``(2) ensure that the governments of the countries described 
        in subsection (a) do not have inappropriate influence in the 
        selection process.''.

SEC. 403. NATIONAL SECURITY MEASURES.

    The United States Information and Educational Exchange Act of 1948 
(22 U.S.C. 1431 et seq.) is amended by adding after section 1011 the 
following new section:

``SEC. 1012. NATIONAL SECURITY MEASURES.

    ``(a) Restriction.--In coordination with other appropriate executive 
branch officials, the Secretary of State shall take all appropriate 
steps to--
            ``(1) prevent any agent of a foreign power from 
        participating in educational and cultural exchange programs 
        under this Act;
            ``(2) ensure that no person who is involved in the research, 
        development, design, testing, evaluation, or production of 
        missiles or weapons of mass destruction is a participant in any 
        program of educational or cultural exchange under this Act if 
        such person is employed by, or attached to, an entity within a 
        country that has been identified by any element of the United 
        States intelligence community (as defined by section 3(4) of the 
        National Security Act of 1947) within the previous 5 years as 
        having been involved in the proliferation of missiles or weapons 
        of mass destruction; and
            ``(3) ensure that no person who is involved in the research, 
        development, design, testing, evaluation, or production of 
        chemical or biological weapons for offensive purposes is a 
        participant in any program of educational or cultural exchange 
        under this Act.

    ``(b) Definitions.--
            ``(1) The term `appropriate executive branch officials' 
        means officials from the elements of the United States 
        Government listed pursuant to section 101 of the Intelligence 
        Authorization Act for Fiscal Year 1999 (Public Law 105-272).
            ``(2) The term `agent of a foreign power' has the same 
        meaning as set forth in section 101(b)(1)(B) and (b)(2) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), 
        and does not include any person who acts in the capacity defined 
        under section 101(b)(1)(A) of such Act.

SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
            DIPLOMACY.

    (a) Restoration of Advisory Commission.--Section 1334 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted in division G 
of the Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999; Public Law 105-277) is amended to read as follows:

``SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
            DIPLOMACY.

    ``The United States Advisory Commission on Public Diplomacy, 
established under section 604 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of 
Reorganization Plan Numbered 2 of 1977, shall continue to exist and 
operate under such provisions of law until October 1, 2001.''.

[[Page 113 STAT. 1501A-447]]

    (b) Retroactivity of Effective Date.--The amendment made by 
subsection (a) shall take effect as if included in the enactment of the 
Foreign Affairs Reform and Restructuring Act of 1998.
    (c) Reenactment and Repeal of Certain Provisions of Law.--
            (1) Reenactment.--The provisions of law repealed by section 
        1334 of the Foreign Affairs Reform and Restructuring Act of 
        1998, as in effect before the date of the enactment of this Act, 
        are hereby reenacted into law.
            (2) Repeal.--Effective September 30, 2001, section 604 of 
        the United States Information and Educational Exchange Act of 
        1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan 
        Numbered 2 of 1977 are repealed.

    (d) Continuity of Advisory Commission.--Notwithstanding any other 
provision of law, any period of discontinuity of the United States 
Advisory Commission on Public Diplomacy shall not affect the appointment 
or terms of service of members of the commission.
    (e) Reduction in Staff and Budget.--Notwithstanding section 604(b) 
of the United States Information and Educational Exchange Act of 1948, 
effective on the date of the enactment of this Act, the United States 
Advisory Commission on Public Diplomacy shall have not more than 2 
individuals who are compensated staff, and not more than 50 percent of 
the resources allocated in fiscal year 1999.

SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING. 

    (a)  Training for the Royal Ulster Constabulary.--No funds 
authorized to be appropriated by this or any other Act may be used to 
support any training or exchange program conducted by the Federal Bureau 
of Investigation or any other Federal law enforcement agency for the 
Royal Ulster Constabulary (in this section referred to as the ``RUC'') 
or RUC members until the President submits to the appropriate 
congressional committees the report required by subsection (b) and the 
certification described in subsection (c)(1).
    (b)  Report on Past Training Programs.--The President shall report 
on training or exchange programs conducted by the Federal Bureau of 
Investigation or other Federal law enforcement agencies for the RUC or 
RUC members during fiscal years 1994 through 1999. Such report shall 
include--
            (1) the number of training or exchange programs conducted 
        during the period of the report;
            (2) the number and rank of the RUC members who participated 
        in such training or exchange programs in each fiscal year;
            (3) the duration and location of such training or exchange 
        programs; and
            (4) a detailed description of the curriculum of the training 
        or exchange programs.

    (c)  Certification Regarding Future Training Activities.--
            (1)  In general.--The certification described in this 
        subsection is a certification by the President that--
                    (A) training or exchange programs conducted by the 
                Federal Bureau of Investigation or other Federal law 
                enforcement agencies for the RUC or RUC members are 
                necessary to--

[[Page 113 STAT. 1501A-448]]

                          (i) improve the professionalism of policing in 
                      Northern Ireland; and
                          (ii) advance the peace process in Northern 
                      Ireland;
                    (B) such programs will include in the curriculum a 
                significant human rights component;
                    (C) vetting procedures have been established in the 
                Departments of State and Justice, and any other 
                appropriate Federal agency, to ensure that training or 
                exchange programs do not include RUC members who there 
                are substantial grounds for believing have committed or 
                condoned violations of internationally recognized human 
                rights, including any role in the murder of Patrick 
                Finucane or Rosemary Nelson or other violence or serious 
                threat of violence against defense attorneys in Northern 
                Ireland; and
                    (D) the governments of the United Kingdom and the 
                Republic of Ireland are committed to assisting in the 
                full implementation of the recommendations contained in 
                the Patten Commission report issued September 9, 1999.
            (2) Fiscal year 2001 application.--The President shall make 
        an additional certification under paragraph (1) before any 
        Federal law enforcement agency conducts training for the RUC or 
        RUC members in fiscal year 2001.
            (3) Application to successor organizations.--The provisions 
        of this subsection shall apply to any successor organization of 
        the RUC.

     Subtitle B--Russian and Ukrainian Business Management Education

SEC. 421. PURPOSE.

    The purpose of this subtitle is to establish a training program in 
Russia and Ukraine for nationals of those countries to obtain skills in 
business administration, accounting, and marketing, with special 
emphasis on instruction in business ethics and in the basic terminology, 
techniques, and practices of those disciplines, to achieve international 
standards of quality, transparency, and competitiveness.

SEC. 422. DEFINITIONS.

    In this subtitle:
            (1) Distance learning.--The term ``distance learning'' means 
        training through computers, interactive videos, 
        teleconferencing, and videoconferencing between and among 
        students and teachers.
            (2) Eligible enterprise.--The term ``eligible enterprise'' 
        means--
                    (A) in the case of Russia--
                          (i) a business concern operating in Russia 
                      that employs Russian nationals in Russia; or
                          (ii) a private enterprise that is being formed 
                      or operated by former officers of the Russian 
                      armed forces in Russia; and
                    (B) in the case of Ukraine--
                          (i) a business concern operating in Ukraine 
                      that employs Ukrainian nationals in Ukraine; or

[[Page 113 STAT. 1501A-449]]

                          (ii) a private enterprise that is being formed 
                      or operated by former officers of the Ukrainian 
                      armed forces in Ukraine.
            (3) Eligible national.--The term ``eligible national'' means 
        the employee of an eligible enterprise who is employed in the 
        program country.
            (4) Program.--The term ``program'' means the program of 
        technical assistance established under section 423.
            (5) Program country.--The term ``program country'' means--
                    (A) Russia in the case of any eligible enterprise 
                operating in Russia that receives technical assistance 
                under the program; or
                    (B) Ukraine in the case of any eligible enterprise 
                operating in Ukraine that receives technical assistance 
                under the program.

SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

    (a) Training Program.--
            (1) In general.--The President is authorized to establish a 
        program of technical assistance to provide the training 
        described in section 421 to eligible enterprises.
            (2) Implementation.--Training shall be carried out by United 
        States nationals having expertise in business administration, 
        accounting, and marketing or by eligible nationals who have been 
        trained under the program. Such training may be carried out--
                    (A) in the offices of eligible enterprises, at 
                business schools or institutes, or at other locations in 
                the program country, including facilities of the armed 
                forces of the program country, educational institutions, 
                or in the offices of trade or industry associations, 
                with special consideration given to locations where 
                similar training opportunities are limited or 
                nonexistent; or
                    (B) by ``distance learning'' programs originating in 
                the United States or in European branches of United 
                States institutions.

    (b) Internships With United States Domestic Business Concerns.--
Authorized program costs may include the travel expenses and appropriate 
in-country business English language training, if needed, of eligible 
nationals who have completed training under the program to undertake 
short-term internships with business concerns in the United States.

SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.

    (a) Procedures.--
            (1) In general.--Each eligible enterprise that desires to 
        receive training for its employees and managers under this 
        subtitle shall submit an application to the clearinghouse under 
        subsection (c), at such time, in such manner, and accompanied by 
        such additional information as may reasonably be required.
            (2) Joint applications.--A consortium of eligible 
        enterprises may file a joint application under the provisions of 
        paragraph (1).

    (b) Contents.--An application under subsection (a) may be approved 
only if the application--

[[Page 113 STAT. 1501A-450]]

            (1) is for an individual or individuals employed in an 
        eligible enterprise or enterprises applying under the program;
            (2) describes the level of training for which assistance 
        under this subtitle is sought;
            (3) provides evidence that the eligible enterprise meets the 
        general policies adopted for the administration of this 
        subtitle;
            (4) provides assurances that the eligible enterprise will 
        pay a share of the costs of the training, which share may 
        include in-kind contributions; and
            (5) provides such additional assurances as are determined to 
        be essential to ensure compliance with the requirements of this 
        subtitle.

    (c) Clearinghouse.--A clearinghouse shall be established or 
designated in each program country to manage and execute the program in 
that country. The clearinghouse shall screen applications, provide 
information regarding training and teachers, monitor performance of the 
program, and coordinate appropriate post-program follow-on activities.

SEC. 425. RESTRICTIONS NOT APPLICABLE.

    Prohibitions on the use of foreign assistance funds for assistance 
for the Russian Federation or for Ukraine shall not apply with respect 
to the funds made available to carry out this subtitle.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $10,000,000 
for the fiscal year 2000 and $10,000,000 for the fiscal year 2001 to 
carry out this subtitle.
    (b) Availability of Funds.--Amounts appropriated under subsection 
(a) are authorized to remain available until expended.

      TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA.

    Section 309 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6208) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (d), (e), (f), (g), (h), 
        and (i) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (3) in subsection (c) (as redesignated by paragraph (2))--
                    (A) in paragraph (1)--
                          (i) by striking ``(A)''; and
                          (ii) by striking subparagraph (B);
                    (B) in paragraph (2), by striking ``September 30, 
                1999'' and inserting ``September 30, 2009'';
                    (C) in paragraph (4), by striking ``$22,000,000 in 
                any fiscal year'' and inserting ``$30,000,000 in each of 
                the fiscal years 2000 and 2001'';
                    (D) by striking paragraph (5); and
                    (E) by redesignating paragraph (6) as paragraph (5); 
                and

[[Page 113 STAT. 1501A-451]]

            (4) by amending subsection (f) (as redesignated by paragraph 
        (2)) to read as follows:

    ``(f) Sunset Provision.--The Board may not make any grant for the 
purpose of operating Radio Free Asia after September 30, 2009.''.

SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING 
            BOARD OF GOVERNORS.

    Section 304(b)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (22 U.S.C. 6203 (b)(2)), is amended--
            (1) by striking ``designate'' and inserting ``appoint''; and
            (2) by adding at the end the following: ``, subject to the 
        advice and consent of the Senate''.

SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).

    Section 312 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6211) is amended to read as follows:

``SEC. 312. THE CONTINUING MISSION OF RADIO FREE EUROPE AND RADIO 
            LIBERTY BROADCASTS.

    ``It is the sense of Congress that Radio Free Europe and Radio 
Liberty should continue to broadcast to the peoples of Central Europe, 
Eurasia, and the Persian Gulf until such time as--
            ``(1) a particular nation has clearly demonstrated the 
        successful establishment and consolidation of democratic rule; 
        and
            ``(2) its domestic media which provide balanced, accurate, 
        and comprehensive news and information, is firmly established 
        and widely accessible to the national audience, thus making 
        redundant broadcasts by Radio Free Europe or Radio Liberty.

``At such time as a particular nation meets both of these conditions, 
RFE/RL should phase out broadcasting to that nation.''.

SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF 
            GOVERNORS.

    Section 304 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6203) is amended by adding at the end the following 
subsection:
    ``(g) Immunity From Civil Liability.--Notwithstanding any other 
provision of law, any and all limitations on liability that apply to the 
members of the Broadcasting Board of Governors also shall apply to such 
members when acting in their capacities as members of the boards of 
directors of RFE/RL, Incorporated and Radio Free Asia.''.

        TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Secure Embassy Construction and 
Counterterrorism Act of 1999''.

SEC. 602. FINDINGS.

    Congress makes the following findings:
            (1) On August 7, 1998, the United States embassies in 
        Nairobi, Kenya, and in Dar es Salaam, Tanzania, were

[[Page 113 STAT. 1501A-452]]

        destroyed by simultaneously exploding bombs. The resulting 
        explosions killed 220 persons and injured more than 4,000 
        others. Twelve Americans and 40 Kenyan and Tanzanian employees 
        of the United States Foreign Service were killed in the attack.
            (2) The United States personnel in both Dar es Salaam and 
        Nairobi showed leadership and personal courage in their response 
        to the attacks. Despite the havoc wreaked upon the embassies, 
        staff in both embassies provided rapid response in locating and 
        rescuing victims, providing emergency assistance, and quickly 
        restoring embassy operations during a crisis.
            (3) The bombs are believed to have been set by individuals 
        associated with Osama bin Laden, leader of a known transnational 
        terrorist organization. In February 1998, bin Laden issued a 
        directive to his followers that called for attacks against 
        United States interests anywhere in the world.
            (4) Threats continue to be made against United States 
        diplomatic facilities.
            (5) Accountability Review Boards were convened following the 
        bombings, as required by Public Law 99-399, chaired by Admiral 
        William J. Crowe, United States Navy (Ret.) (in this section 
        referred to as the ``Crowe panels'').
            (6) The conclusions of the Crowe panels were strikingly 
        similar to those stated by the Commission chaired by Admiral 
        Bobby Ray Inman, which issued an extensive embassy security 
        report in 1985.
            (7) The Crowe panels issued a report setting out many 
        problems with security at United States diplomatic facilities, 
        in particular the following:
                    (A) The United States Government has devoted 
                inadequate resources to security against terrorist 
                attacks.
                    (B) The United States Government places too low a 
                priority on security concerns.
            (8) The result has been a failure to take adequate steps to 
        prevent tragedies such as the bombings in Kenya and Tanzania.
            (9) The Crowe panels found that there was an institutional 
        failure on the part of the Department of State to recognize 
        threats posed by transnational terrorism and vehicular bombs.
            (10) Responsibility for ensuring adequate resources for 
        security programs is widely shared throughout the United States 
        Government, including Congress. Unless the vulnerabilities 
        identified by the Crowe panels are addressed in a sustained and 
        financially realistic manner, the lives and safety of United 
        States employees in diplomatic facilities will continue to be at 
        risk from further terrorist attacks.
            (11) Although service in the Foreign Service or other United 
        States Government positions abroad can never be completely 
        without risk, the United States Government must take all 
        reasonable steps to minimize security risks.

SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this title, the terms `United States diplomatic facility' and 
`diplomatic facility' mean any chancery, consulate, or other office 
notified to the host government as diplomatic or consular premises in 
accordance with the Vienna Conventions on Diplomatic and Consular 
Relations, or otherwise subject to a publicly available

[[Page 113 STAT. 1501A-453]]

bilateral agreement with the host government (contained in the records 
of the United States Department of State) that recognizes the official 
status of the United States Government personnel present at the 
facility.

SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated by this or any other Act, there 
are authorized to be appropriated for ``Embassy Security, Construction 
and Maintenance''--
            (1) for fiscal year 2000, $900,000,000;
            (2) for fiscal year 2001, $900,000,000;
            (3) for fiscal year 2002, $900,000,000;
            (4) for fiscal year 2003, $900,000,000; and
            (5) for fiscal year 2004, $900,000,000.

    (b) Purposes.--Funds made available under the ``Embassy Security, 
Construction, and Maintenance'' account may be used only for the 
purposes of--
            (1) the acquisition of United States diplomatic facilities 
        and, if necessary, any residences or other structures located in 
        close physical proximity to such facilities, or
            (2) the provision of major security enhancements to United 
        States diplomatic facilities,

to the extent necessary to bring the United States Government into 
compliance with all requirements applicable to the security of United 
States diplomatic facilities, including the relevant requirements set 
forth in section 606.
    (c) Availability of Authorizations.--Authorizations of 
appropriations under subsection (a) shall remain available until the 
appropriations are made.
    (d) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.

SEC. 605. OBLIGATIONS AND EXPENDITURES.

    (a) Report and Priority of Obligations.--
            (1) Report.--Not later than February 1 of the year 2000 and 
        each of the four subsequent years, the Secretary of State shall 
        submit a classified report to the appropriate congressional 
        committees identifying each diplomatic facility or each 
        diplomatic or consular post composed of such facilities that is 
        a priority for replacement or for any major security enhancement 
        because of its vulnerability to terrorist attack (by reason of 
        the terrorist threat and the current condition of the facility). 
        The report shall list such facilities in groups of 20. The 
        groups shall be ranked in order from most vulnerable to least 
        vulnerable to such an attack.
            (2) Priority on use of funds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds authorized to be appropriated by section 604 
                for a particular project may be used only for those 
                facilities which are listed in the first four groups 
                described in paragraph (1).
                    (B) Exception.--Funds authorized to be made 
                available by section 604 may only be used for facilities 
                which are not in the first 4 groups described in 
                paragraph (1), if the Congress authorizes or 
                appropriates funds for such a diplomatic facility or the 
                Secretary of State notifies the appropriate 
                congressional committees that such funds will

[[Page 113 STAT. 1501A-454]]

                be used for a facility in accordance with the procedures 
                applicable to a reprogramming of funds under section 
                34(a) of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2706(a)).

    (b) Prohibition on Transfer of Funds.--None of the funds authorized 
to be appropriated by section 604 may be transferred to any other 
account.
    (c) Semiannual Reports on Acquisition and Major Security Upgrades.--
On June 1 and December 1 of each year, the Secretary of State shall 
submit a report to the appropriate congressional committees on the 
embassy construction and security program authorized under this title. 
The report shall include--
            (1) obligations and expenditures--
                    (A) during the previous two fiscal quarters; and
                    (B) since the enactment of this Act;
            (2) projected obligations and expenditures for the fiscal 
        year in which the report is submitted and how these obligations 
        and expenditures will improve security conditions of specific 
        diplomatic facilities; and
            (3) the status of ongoing acquisition and major security 
        enhancement projects, including any significant changes in--
                    (A) the budgetary requirements for such projects;
                    (B) the schedule of such projects; and
                    (C) the scope of the projects.

SEC. 606. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

    (a) In General.--The following security requirements shall apply 
with respect to United States diplomatic facilities and specified 
personnel:
            (1) Threat assessment.--
                    (A) Emergency action plan.--The Emergency Action 
                Plan (EAP) of each United States mission shall address 
                the threat of large explosive attacks from vehicles and 
                the safety of employees during such an explosive attack. 
                Such plan shall be reviewed and updated annually.
                    (B) Security environment threat list.--The Security 
                Environment Threat List shall contain a section that 
                addresses potential acts of international terrorism 
                against United States diplomatic facilities based on 
                threat identification criteria that emphasize the threat 
                of transnational terrorism and include the local 
                security environment, host government support, and other 
                relevant factors such as cultural realities. Such plan 
                shall be reviewed and updated every six months.
            (2) Site selection.--
                    (A) In general.--In selecting a site for any new 
                United States diplomatic facility abroad, the Secretary 
                shall ensure that all United States Government personnel 
                at the post (except those under the command of an area 
                military commander) will be located on the site.
                    (B) Waiver authority.--
                          (i) In general.--Subject to clause (ii), the 
                      Secretary of State may waive subparagraph (A) if 
                      the Secretary, together with the head of each 
                      agency employing personnel that would not be 
                      located at the

[[Page 113 STAT. 1501A-455]]

                      site, determine that security considerations 
                      permit and it is in the national interest of the 
                      United States.
                          (ii) Chancery or consulate building.--
                                    (I) Authority not delegable.--The 
                                Secretary may not delegate the waiver 
                                authority under clause (i) with respect 
                                to a chancery or consulate building.
                                    (II) Congressional notification.--
                                Not less than 15 days prior to 
                                implementing the waiver authority under 
                                clause (i) with respect to a chancery or 
                                consulate building, the Secretary shall 
                                notify the appropriate congressional 
                                committees in writing of the waiver and 
                                the reasons for the determination.
                          (iii) Report to congress.--The Secretary shall 
                      submit to the appropriate congressional committees 
                      an annual report of all waivers under this 
                      subparagraph.
            (3) Perimeter distance.--
                    (A) Requirement.--Each newly acquired United States 
                diplomatic facility shall be sited not less than 100 
                feet from the perimeter of the property on which the 
                facility is to be situated.
                    (B) Waiver authority.--
                          (i) In general.--Subject to clause (ii), the 
                      Secretary of State may waive subparagraph (A) if 
                      the Secretary determines that security 
                      considerations permit and it is in the national 
                      interest of the United States.
                          (ii) Chancery or consulate building.--
                                    (I) Authority not delegable.--The 
                                Secretary may not delegate the waiver 
                                authority under clause (i) with respect 
                                to a chancery or consulate building.
                                    (II) Congressional notification.--
                                Not less than 15 days prior to 
                                implementing the waiver authority under 
                                subparagraph (A) with respect to a 
                                chancery or consulate building, the 
                                Secretary shall notify the appropriate 
                                congressional committees in writing of 
                                the waiver and the reasons for the 
                                determination.
                          (iii) Report to congress.--The Secretary shall 
                      submit to the appropriate congressional committees 
                      an annual report of all waivers under this 
                      subparagraph.
            (4) Crisis management training.--
                    (A) Training of headquarters staff.--The appropriate 
                personnel of the Department of State headquarters staff 
                shall undertake crisis management training for mass 
                casualty and mass destruction incidents relating to 
                diplomatic facilities for the purpose of bringing about 
                a rapid response to such incidents from Department of 
                State headquarters in Washington, D.C.
                    (B) Training of personnel abroad.--A program of 
                appropriate instruction in crisis management shall be 
                provided to personnel at United States diplomatic 
                facilities abroad at least on an annual basis.

[[Page 113 STAT. 1501A-456]]

            (5) Diplomatic security training.--Not later than six months 
        after the date of the enactment of this Act, the Secretary of 
        State shall--
                    (A) develop annual physical fitness standards for 
                all diplomatic security agents to ensure that the agents 
                are prepared to carry out all of their official 
                responsibilities; and
                    (B) provide for an independent evaluation by an 
                outside entity of the overall adequacy of current new 
                agent, in-service, and management training programs to 
                prepare agents to carry out the full scope of diplomatic 
                security responsibilities, including preventing attacks 
                on United States personnel and facilities.
                    (6) State department support.--
                    (A) Foreign emergency support team.--The Foreign 
                Emergency Support Team (FEST) of the Department of State 
                shall receive sufficient support from the Department, 
                including--
                          (i) conducting routine training exercises of 
                      the FEST;
                          (ii) providing personnel identified to serve 
                      on the FEST as a collateral duty;
                          (iii) providing personnel to assist in 
                      activities such as security, medical relief, 
                      public affairs, engineering, and building safety; 
                      and
                          (iv) providing such additional support as may 
                      be necessary to enable the FEST to provide support 
                      in a post-crisis environment involving mass 
                      casualties and physical damage.
                    (B) Fest aircraft.--
                          (i) Replacement aircraft.--The President shall 
                      develop a plan to replace on a priority basis the 
                      current FEST aircraft funded by the Department of 
                      Defense with a dedicated, capable, and reliable 
                      replacement aircraft and backup aircraft to be 
                      operated and maintained by the Department of 
                      Defense.
                          (ii) Report.--Not later than 60 days after the 
                      date of enactment of this Act, the President shall 
                      submit a report to the appropriate congressional 
                      committees describing the aircraft selected 
                      pursuant to clause (i) and the arrangements for 
                      the funding, operation, and maintenance of such 
                      aircraft.
                          (iii) Authority to lease aircraft to respond 
                      to a terrorist attack abroad.--Subject to the 
                      availability of appropriations, when the Attorney 
                      General of the Department of Justice exercises the 
                      Attorney General's authority to lease commercial 
                      aircraft to transport equipment and personnel in 
                      response to a terrorist attack abroad if there 
                      have been reasonable efforts to obtain appropriate 
                      Department of Defense aircraft and such aircraft 
                      are unavailable, the Attorney General shall have 
                      the authority to obtain indemnification insurance 
                      or guarantees if necessary and appropriate.
            (7) Rapid response procedures.--The Secretary of State shall 
        enter into a memorandum of understanding with the Secretary of 
        Defense setting out rapid response procedures

[[Page 113 STAT. 1501A-457]]

        for mobilization of personnel and equipment of their respective 
        departments to provide more effective assistance in times of 
        emergency with respect to United States diplomatic facilities.
            (8) Storage of emergency equipment and records.--All United 
        States diplomatic facilities shall have emergency equipment and 
        records required in case of an emergency situation stored at an 
        off-site facility.

    (b) Statutory Construction.--Nothing in this section alters or 
amends existing security requirements not addressed by this section.

SEC. 607. REPORT ON OVERSEAS PRESENCE.

    (a) Review.--The Secretary of State shall review the findings of the 
Overseas Presence Advisory Panel of the Department of State.
    (b) Report.--
            (1) In general.--Not later than 120 days after submission of 
        the Overseas Presence Advisory Panel Report, the Secretary of 
        State shall submit a report to the appropriate congressional 
        committees setting forth the results of the review conducted 
        under subsection (a).
            (2) Elements of the report.--To the extent not addressed by 
        the review described in subsection (a), the report shall also--
                    (A) specify whether any United States diplomatic 
                facility should be closed because--
                          (i) the facility is highly vulnerable and 
                      subject to threat of terrorist attack; and
                          (ii) adequate security enhancements cannot be 
                      provided to the facility;
                    (B) in the event that closure of a diplomatic 
                facility is required, identify plans to provide secure 
                premises for permanent use by the United States 
                diplomatic mission, whether in country or in a regional 
                United States diplomatic facility, or for temporary 
                occupancy by the mission in a facility pending 
                acquisition of new buildings;
                    (C) outline the potential for reduction or transfer 
                of personnel or closure of missions if technology is 
                adequately exploited for maximum efficiencies;
                    (D) examine the possibility of creating regional 
                missions in certain parts of the world;
                    (E) in the case of diplomatic facilities that are 
                part of the Special Embassy Program, report on the 
                foreign policy objectives served by retaining such 
                missions, balancing the importance of these objectives 
                against the well-being of United States personnel; and
                    (F) examine the feasibility of opening new regional 
                outreach centers, modeled on the system used by the 
                United States Embassy in Paris, France, with each center 
                designed to operate--
                          (i) at no additional cost to the United States 
                      Government;
                          (ii) with staff consisting of one or two 
                      Foreign Service officers currently assigned to the 
                      United States diplomatic mission in the country in 
                      which the center is located; and

[[Page 113 STAT. 1501A-458]]

                          (iii) in a region of the country with high 
                      gross domestic product (GDP), a high density 
                      population, and a media market that not only 
                      includes but extends beyond the region.

SEC. 608. ACCOUNTABILITY REVIEW BOARDS.

    Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act 
of 1986 (22 U.S.C. 4831) is amended to read as follows:

``SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

    ``(a) In General.--
            ``(1) Convening a board.--Except as provided in paragraph 
        (2), in any case of serious injury, loss of life, or significant 
        destruction of property at, or related to, a United States 
        Government mission abroad, and in any case of a serious breach 
        of security involving intelligence activities of a foreign 
        government directed at a United States Government mission 
        abroad, which is covered by the provisions of titles I through 
        IV (other than a facility or installation subject to the control 
        of a United States area military commander), the Secretary of 
        State shall convene an Accountability Review Board (in this 
        title referred to as the `Board'). The Secretary shall not 
        convene a Board where the Secretary determines that a case 
        clearly involves only causes unrelated to security.
            ``(2) Department of defense facilities and personnel.--The 
        Secretary of State is not required to convene a Board in the 
        case of an incident described in paragraph (1) that involves any 
        facility, installation, or personnel of the Department of 
        Defense with respect to which the Secretary has delegated 
        operational control of overseas security functions to the 
        Secretary of Defense pursuant to section 106 of this Act. In any 
        such case, the Secretary of Defense shall conduct an appropriate 
        inquiry. The Secretary of Defense shall report the findings and 
        recommendations of such inquiry, and the action taken with 
        respect to such recommendations, to the Secretary of State and 
        Congress.

    ``(b) Deadlines for convening boards.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of State shall convene a Board not later than 60 days 
        after the occurrence of an incident described in subsection 
        (a)(1), except that such 60-day period may be extended for one 
        additional 60-day period if the Secretary determines that the 
        additional period is necessary for the convening of the Board.
            ``(2) Delay in cases involving intelligence activities.-- 
        With respect to breaches of security involving intelligence 
        activities, the Secretary of State may delay the establishment 
        of a Board if, after consultation with the chairman of the 
        Select Committee on Intelligence of the Senate and the chairman 
        of the Permanent Select Committee on Intelligence of the House 
        of Representatives, the Secretary determines that the 
        establishment of a Board would compromise intelligence sources 
        or methods. The Secretary shall promptly advise the chairmen of 
        such committees of each determination pursuant to this paragraph 
        to delay the establishment of a Board.

    ``(c) Notification to Congress.--Whenever the Secretary of State 
convenes a Board, the Secretary shall promptly inform the

[[Page 113 STAT. 1501A-459]]

chairman of the Committee on Foreign Relations of the Senate and the 
Speaker of the House of Representatives--
            ``(1) that a Board has been convened;
            ``(2) of the membership of the Board; and
            ``(3) of other appropriate information about the Board.''.

SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.

    Not later than six months after the date of the enactment of this 
Act, the Secretary of State, in consultation with the Secretary of the 
Treasury and the Attorney General, shall submit a report to the 
appropriate congressional committees on a proposed operational plan and 
site selection to expeditiously establish an International Law 
Enforcement Academy (ILEA) on the continent of Africa in order to 
increase training and cooperation on the continent in anti-terrorism and 
transnational crime fighting.

         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

  Subtitle A--International Organizations Other than the United Nations

SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN 
            INTERPARLIAMENTARY GROUPS.

    (a) Transatlantic Legislators' Dialogue.--Section 109(c) of the 
Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 
U.S.C. 276 note) is amended by striking ``United States-European 
Community Interparliamentary Group'' and inserting ``Transatlantic 
Legislators' Dialogue (United States-European Union Interparliamentary 
Group)''.
    (b) NATO Parliamentary Assembly--
            (1) In general.--The joint resolution entitled ``Joint 
        Resolution to authorize participation by the United States in 
        parliamentary conferences of the North Atlantic Treaty 
        Organization'', approved July 11, 1956 (22 U.S.C. 1928a et 
        seq.), is amended in sections 2, 3, and 4 (22 U.S.C. 1928b, 
        1928c, and 1928d, respectively) by striking ``North Atlantic 
        Assembly'' each place it appears and inserting ``NATO 
        Parliamentary Assembly''.
            (2) Conforming amendment.--Section 105(b) of the Legislative 
        Branch Appropriation Act, 1961 (22 U.S.C. 276c-1) is amended by 
        striking ``North Atlantic Assembly'' and inserting ``NATO 
        Parliamentary Assembly''.
            (3) References.--In the case of any provision of law having 
        application on or after May 31, 1999 (other than a provision of 
        law specified in subparagraphs (A) or (B)), any reference 
        contained in that provision to the North Atlantic Assembly 
        shall, on and after that date, be considered to be a reference 
        to the NATO Parliamentary Assembly.

SEC. 702. AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION 
            TO ASSIST STATE AND LOCAL GOVERNMENTS.

    (a) Authority.--The Commissioner of the United States section of the 
International Boundary and Water Commission may provide

[[Page 113 STAT. 1501A-460]]

technical tests, evaluations, information, surveys, or others similar 
services to State or local governments upon the request of such State or 
local government on a reimbursable basis.
    (b) Reimbursements.--Reimbursements shall be paid in advance of the 
goods or services ordered and shall be for the estimated or actual cost 
as determined by the United States section of the International Boundary 
and Water Commission. Proper adjustment of amounts paid in advance shall 
be made as determined by the United States section of the International 
Boundary and Water Commission on the basis of the actual cost of goods 
or services provided. Reimbursements received by the United States 
section of the International Boundary and Water Commission for providing 
services under this section shall be credited to the appropriation from 
which the cost of providing the services is charged.

SEC. 703. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    Section 2(b) of the American-Mexican Chamizal Convention Act of 1964 
(Public Law 88-300; 22 U.S.C. 277d-18(b)) is amended by inserting 
``operations, maintenance, and'' after ``cost of''.

SEC. 704. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR 
            PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.

    (a) Reports Required.--Not later than 60 days after the date of 
enactment of this Act, and every 6 months thereafter for fiscal years 
2000 and 2001, the Secretary of State shall submit to Congress a report 
in a classified and unclassified manner on the status of efforts by the 
United States Government to support--
            (1) the membership of Taiwan in international organizations 
        that do not require statehood as a prerequisite to such 
        membership; and
            (2) the appropriate level of participation by Taiwan in 
        international organizations that may require statehood as a 
        prerequisite to full membership.

    (b) Report Elements.--Each report under subsection (a) shall--
            (1) set forth a comprehensive list of the international 
        organizations in which the United States Government supports the 
        membership or participation of Taiwan;
            (2) describe in detail the efforts of the United States 
        Government to achieve the membership or participation of Taiwan 
        in each organization listed; and
            (3) identify the obstacles to the membership or 
        participation of Taiwan in each organization listed, including a 
        list of any governments that do not support the membership or 
        participation of Taiwan in each such organization.

SEC. 705. RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE 
            INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition.--The United States shall not become a party to the 
International Criminal Court except pursuant to a treaty made under 
Article II, section 2, clause 2 of the Constitution of the United States 
on or after the date of enactment of this Act.
    (b) Prohibition.--None of the funds authorized to be appropriated by 
this or any other Act may be obligated for use by, or for support of, 
the International Criminal Court unless the United States has become a 
party to the Court pursuant to a treaty made under Article II, section 
2, clause 2 of the Constitution

[[Page 113 STAT. 1501A-461]]

of the United States on or after the date of enactment of this Act.
    (c) International Criminal Court Defined.--In this section, the term 
``International Criminal Court'' means the court established by the Rome 
Statute of the International Criminal Court, adopted by the United 
Nations Diplomatic Conference of Plenipotentiaries on the Establishment 
of an International Criminal Court on July 17, 1998.

SEC. 706. PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES 
            CITIZENS TO THE INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition on Extradition.--None of the funds authorized to be 
appropriated or otherwise made available by this or any other Act may be 
used to extradite a United States citizen to a foreign country that is 
under an obligation to surrender persons to the International Criminal 
Court unless that foreign country confirms to the United States that 
applicable prohibitions on reextradition apply to such surrender or 
gives other satisfactory assurances to the United States that the 
country will not extradite or otherwise transfer that citizen to the 
International Criminal Court.
    (b) Prohibition on Consent to Extradition by Third Countries.--None 
of the funds authorized to be appropriated or otherwise made available 
by this or any other Act may be used to provide consent to the 
extradition or transfer of a United States citizen by a foreign country 
to a third country that is under an obligation to surrender persons to 
the International Criminal Court, unless the third country confirms to 
the United States that applicable prohibitions on reextradition apply to 
such surrender or gives other satisfactory assurances to the United 
States that the third country will not extradite or otherwise transfer 
that citizen to the International Criminal Court.
    (c) Definition.--In this section, the term ``International Criminal 
Court'' has the meaning given the term in section 705(c) of this Act.

SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.

    Section 2505 of the Foreign Affairs Reform and Restructuring Act of 
1998 (as contained in division G of Public Law 105-277) is amended--
            (1) in subsection (a), by striking ``by this division for 
        fiscal year 1999'' and inserting ``for the Department of State 
        for fiscal year 2000 or 2001''; and
            (2) in subsection (d), by striking ``not later than April 1, 
        1999,'' and inserting ``on January 31 of the years 2000 and 2001 
        and July 31 of the years 2000 and 2001,''.

SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC 
            ENERGY AGENCY.

    (a) Amendment to the United Nations Participation Act of 1945.--
Section 2(h) of the United Nations Participation Act of 1945 (22 U.S.C. 
287(h)) is amended by adding at the end the following new sentence: 
``The representative of the United States to the Vienna office of the 
United Nations shall also serve as representative of the United States 
to the International Atomic Energy Agency.''.

[[Page 113 STAT. 1501A-462]]

    (b) Amendment to the IAEA Participation Act of 1957.--Section 2(a) 
of the International Atomic Energy Agency Participation Act of 1957 (22 
U.S.C. 2021(a)) is amended by adding at the end the following new 
sentence: ``The Representative of the United States to the Vienna office 
of the United Nations shall also serve as representative of the United 
States to the Agency.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to individuals appointed on or after the date of enactment 
of this Act.

                  Subtitle B--United Nations Activities

SEC. 721. UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.

    (a) Congressional Statement.--It shall be the policy of the United 
States to promote an end to the persistent inequity experienced by 
Israel in the United Nations whereby Israel is the only longstanding 
member of the organization to be denied acceptance into any of the 
United Nations regional blocs.
    (b) Policy on Abolition of Certain United Nations Groups.--It shall 
be the policy of the United States to seek the abolition of certain 
United Nations groups the existence of which is inimical to the ongoing 
Middle East peace process, those groups being the Special Committee to 
Investigate Israeli Practices Affecting the Human Rights of the 
Palestinian People and other Arabs of the Occupied Territories; the 
Committee on the Exercise of the Inalienable Rights of the Palestinian 
People; the Division for the Palestinian Rights; and the Division on 
Public Information on the Question of Palestine.
    (c) Annual Reports.--On January 15 of each year, the Secretary of 
State shall submit a report to the appropriate congressional committees 
(in classified or unclassified form as appropriate) on--
            (1) actions taken by representatives of the United States to 
        encourage the nations of the Western Europe and Others Group 
        (WEOG) to accept Israel into their regional bloc;
            (2) other measures being undertaken, and which will be 
        undertaken, to ensure and promote Israel's full and equal 
        participation in the United Nations; and
            (3) steps taken by the United States under subsection (b) to 
        secure abolition by the United Nations of groups described in 
        that subsection.

    (d) Annual Consultation.--At the time of the submission of each 
annual report under subsection (c), the Secretary of State shall consult 
with the appropriate congressional committees on specific responses 
received by the Secretary of State from each of the nations of the 
Western Europe and Others Group (WEOG) on their position concerning 
Israel's acceptance into their organization.

SEC. 722. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS 
            PEACEKEEPING OPERATIONS.

    Chapter 6 of part II of the Foreign Assistance Act of 1961 (22 
U.S.C. 2348 et seq.) is amended by adding at the end the following:

[[Page 113 STAT. 1501A-463]]

``SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS 
            PEACEKEEPING OPERATIONS.

    ``(a) United States Costs.--The President shall annually provide to 
the Secretary General of the United Nations data regarding all costs 
incurred by the United States Department of Defense during the preceding 
year in support of all United Nations Security Council resolutions as 
reported to the Congress pursuant to section 8079 of the Department of 
Defense Appropriations Act, 1998.
    ``(b) United Nations Member Costs.--The President shall request that 
the United Nations compile and publish information concerning costs 
incurred by United Nations members in support of such resolutions.''.

SEC. 723. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED 
            STATES TO THE UNITED NATIONS.

    The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) 
is amended by adding at the end the following new section:

``SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED 
            STATES TO THE UNITED NATIONS.

    ``(a) Requirement To Obtain Reimbursement.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        President shall seek and obtain in a timely fashion a commitment 
        from the United Nations to provide reimbursement to the United 
        States from the United Nations whenever the United States 
        Government furnishes assistance pursuant to the provisions of 
        law described in subsection (c)--
                    ``(A) to the United Nations when the assistance is 
                designed to facilitate or assist in carrying out an 
                assessed peacekeeping operation;
                    ``(B) for any United Nations peacekeeping operation 
                that is authorized by the United Nations Security 
                Council under Chapter VI or Chapter VII of the United 
                Nations Charter and paid for by peacekeeping or regular 
                budget assessment of the United Nations members; or
                    ``(C) to any country participating in any operation 
                authorized by the United Nations Security Council under 
                Chapter VI or Chapter VII of the United Nations Charter 
                and paid for by peacekeeping assessments of United 
                Nations members when the assistance is designed to 
                facilitate or assist the participation of that country 
                in the operation.
            ``(2) Exceptions.--
                    ``(A) In general.--The requirement in paragraph (1) 
                shall not apply to--
                          ``(i) goods and services provided to the 
                      United States Armed Forces;
                          ``(ii) assistance having a value of less than 
                      $3,000,000 per fiscal year per operation;
                          ``(iii) assistance furnished before the date 
                      of enactment of this section;
                          ``(iv) salaries and expenses of civilian 
                      police and other civilian and military monitors 
                      where United Nations policy is to require payment 
                      by contributing members for similar assistance to 
                      United Nations peacekeeping operations; or

[[Page 113 STAT. 1501A-464]]

                          ``(v) any assistance commitment made before 
                      the date of enactment of this section.
                    ``(B) Deployments of united states military 
                forces.-- The requirements of subsection (d)(1)(B) shall 
                not apply to the deployment of United States military 
                forces when the President determines that such 
                deployment is important to the security interests of the 
                United States. The cost of such deployment shall be 
                included in the data provided under section 554 of the 
                Foreign Assistance Act of 1961.
            ``(3) Form and amount.--
                    ``(A) Amount.--The amount of any reimbursement under 
                this subsection shall be determined at the usual rate 
                established by the United Nations.
                    ``(B) Form.--Reimbursement under this subsection may 
                include credits against the United States assessed 
                contributions for United Nations peacekeeping 
                operations, if the expenses incurred by any United 
                States department or agency providing the assistance 
                have first been reimbursed.

    ``(b) Treatment of Reimbursements.--
            ``(1) Credit.--The amount of any reimbursement paid the 
        United States under subsection (a) shall be credited to the 
        current applicable appropriation, fund, or account of the United 
        States department or agency providing the assistance for which 
        the reimbursement is paid.
            ``(2) Availability.--Amounts credited under paragraph (1) 
        shall be merged with the appropriations, or with appropriations 
        in the fund or account, to which credited and shall be available 
        for the same purposes, and subject to the same conditions and 
        limitations, as the appropriations with which merged.

    ``(c) Covered Assistance.--Subsection (a) applies to assistance 
provided under the following provisions of law:
            ``(1) Sections 6 and 7 of this Act.
            ``(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the 
        Foreign Assistance Act of 1961.
            ``(3) Any other provisions of law pursuant to which 
        assistance is provided by the United States to carry out the 
        mandate of an assessed United Nations peacekeeping operation.

    ``(d) Waiver.--
            ``(1) Authority.--
                    ``(A) In general.--The President may authorize the 
                furnishing of assistance covered by this section without 
                regard to subsection (a) if the President determines, 
                and so notifies in writing the Committee on Foreign 
                Relations of the Senate and the Speaker of the House of 
                Representatives, that to do so is important to the 
                security interests of the United States.
                    ``(B) Congressional notification.--When exercising 
                the authorities of subparagraph (A), the President shall 
                notify the Committee on Foreign Relations of the Senate 
                and the Committee on International Relations of the 
                House of Representatives in accordance with the 
                procedures applicable to reprogramming notifications 
                under section 634A of the Foreign Assistance Act of 
                1961.
            ``(2) Congressional review.--Notwithstanding a notice under 
        paragraph (1) with respect to assistance covered by this

[[Page 113 STAT. 1501A-465]]

        section, subsection (a) shall apply to the furnishing of the 
        assistance if, not later than 15 calendar days after receipt of 
        a notification under that paragraph, the Congress enacts a joint 
        resolution disapproving the determination of the President 
        contained in the notification.
            ``(3) Senate procedures.--Any joint resolution described in 
        paragraph (2) shall be considered in the Senate in accordance 
        with the provisions of section 601(b) of the International 
        Security Assistance and Arms Export Control Act of 1976.

    ``(e) Relationship to Other Reimbursement Authority.--Nothing in 
this section shall preclude the President from seeking reimbursement for 
assistance covered by this section that is in addition to the 
reimbursement sought for the assistance under subsection (a).
    ``(f) Definition.--In this section, the term `assistance' includes 
personnel, services, supplies, equipment, facilities, and other 
assistance if such assistance is provided by the Department of Defense 
or any other United States Government agency.''.

SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS 
            PEACEKEEPING OPERATIONS.

    (a) Codification.--Section 4 of the United Nations Participation Act 
of 1945 (22 U.S.C. 287b) is amended--
            (1) in subsection (a), by striking the second sentence; and
            (2) by striking subsection (e) and inserting the following:

    ``(e) Consultations and Reports on United Nations Peacekeeping 
Operations.--
            ``(1) Consultations.--Each month the President shall consult 
        with Congress on the status of United Nations peacekeeping 
        operations.
            ``(2) Information to be provided.--In connection with such 
        consultations, the following information shall be provided each 
        month to the designated congressional committees:
                    ``(A) With respect to ongoing United Nations 
                peacekeeping operations, the following:
                          ``(i) A list of all resolutions of the United 
                      Nations Security Council anticipated to be voted 
                      on during such month that would extend or change 
                      the mandate of any United Nations peacekeeping 
                      operation.
                          ``(ii) For each such operation, any changes in 
                      the duration, mandate, and command and control 
                      arrangements that are anticipated as a result of 
                      the adoption of the resolution.
                          ``(iii) An estimate of the total cost to the 
                      United Nations of each such operation for the 
                      period covered by the resolution, and an estimate 
                      of the amount of that cost that will be assessed 
                      to the United States.
                          ``(iv) Any anticipated significant changes in 
                      United States participation in or support for each 
                      such operation during the period covered by the 
                      resolution (including the provision of facilities, 
                      training, transportation, communication, and 
                      logistical support, but not including intelligence 
                      activities reportable under title V of the 
                      National Security Act of 1947 (50 U.S.C. 413 et 
                      seq.)), and the estimated costs to the United 
                      States of such changes.

[[Page 113 STAT. 1501A-466]]

                    ``(B) With respect to each new United Nations 
                peacekeeping operation that is anticipated to be 
                authorized by a Security Council resolution during such 
                month, the following information for the period covered 
                by the resolution:
                          ``(i) The anticipated duration, mandate, and 
                      command and control arrangements of such 
                      operation, the planned exit strategy, and the 
                      vital national interest to be served.
                          ``(ii) An estimate of the total cost to the 
                      United Nations of the operation, and an estimate 
                      of the amount of that cost that will be assessed 
                      to the United States.
                          ``(iii) A description of the functions that 
                      would be performed by any United States Armed 
                      Forces participating in or otherwise operating in 
                      support of the operation, an estimate of the 
                      number of members of the Armed Forces that will 
                      participate in or otherwise operate in support of 
                      the operation, and an estimate of the cost to the 
                      United States of such participation or support.
                          ``(iv) A description of any other United 
                      States assistance to or support for the operation 
                      (including the provision of facilities, training, 
                      transportation, communication, and logistical 
                      support, but not including intelligence activities 
                      reportable under title V of the National Security 
                      Act of 1947 (50 U.S.C. 413 et seq.)), and an 
                      estimate of the cost to the United States of such 
                      assistance or support.
                          ``(v) A reprogramming of funds pursuant to 
                      section 34 of the State Department Basic 
                      Authorities Act of 1956, submitted in accordance 
                      with the procedures set forth in such section, 
                      describing the source of funds that will be used 
                      to pay for the cost of the new United Nations 
                      peacekeeping operation, provided that such 
                      notification shall also be submitted to the 
                      Committee on Appropriations of the House of 
                      Representatives and the Committee on 
                      Appropriations of the Senate.
            ``(3) Form and timing of information.--
                    ``(A) Form.--The President shall submit information 
                under clauses (i) and (iii) of paragraph (2)(A) in 
                writing.
                    ``(B) Timing.--
                          ``(i) Ongoing operations.--The information 
                      required under paragraph (2)(A) for a month shall 
                      be submitted not later than the 10th day of the 
                      month.
                          ``(ii) New operations.--The information 
                      required under paragraph (2)(B) shall be submitted 
                      in writing with respect to each new United Nations 
                      peacekeeping operation not less than 15 days 
                      before the anticipated date of the vote on the 
                      resolution concerned unless the President 
                      determines that exceptional circumstances prevent 
                      compliance with the requirement to report 15 days 
                      in advance. If the President makes such a 
                      determination, the information required under 
                      paragraph (2)(B) shall be submitted as far in 
                      advance of the vote as is practicable.
            ``(4) New united nations peacekeeping operation defined.--As 
        used in paragraph (2), the term `new United

[[Page 113 STAT. 1501A-467]]

        Nations peacekeeping operation' includes any existing or 
        otherwise ongoing United Nations peacekeeping operation--
                    ``(A) where the authorized force strength is to be 
                expanded;
                    ``(B) that is to be authorized to operate in a 
                country in which it was not previously authorized to 
                operate; or
                    ``(C) the mandate of which is to be changed so that 
                the operation would be engaged in significant additional 
                or significantly different functions.
            ``(5) Notification and quarterly reports regarding united 
        states assistance.--
                    ``(A) Notification of certain assistance.--
                          ``(i) In general.--The President shall notify 
                      the designated congressional committees at least 
                      15 days before the United States provides any 
                      assistance to the United Nations to support 
                      peacekeeping operations.
                          ``(ii) Exception.--This subparagraph does not 
                      apply to--
                                    ``(I) assistance having a value of 
                                less than $3,000,000 in the case of 
                                nonreimbursable assistance or less than 
                                $14,000,000 in the case of reimbursable 
                                assistance; or
                                    ``(II) assistance provided under the 
                                emergency drawdown authority of sections 
                                506(a)(1) and 552(c)(2) of the Foreign 
                                Assistance Act of 1961 (22 U.S.C. 
                                2318(a)(1) and 2348a(c)(2)).
                    ``(B) Quarterly reports.--
                          ``(i) In general.--The President shall submit 
                      quarterly reports to the designated congressional 
                      committees on all assistance provided by the 
                      United States during the preceding calendar 
                      quarter to the United Nations to support 
                      peacekeeping operations.
                          ``(ii) Matters included.--Each report under 
                      this subparagraph shall describe the assistance 
                      provided for each such operation, listed by 
                      category of assistance.
                          ``(iii) Fourth quarter report.--The report 
                      under this subparagraph for the fourth calendar 
                      quarter of each year shall be submitted as part of 
                      the annual report required by subsection (d) and 
                      shall include cumulative information for the 
                      preceding calendar year.

    ``(f) Designated Congressional Committees.--In this section, the 
term `designated congressional committees' means the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate and 
the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.''.
            (2) Conforming repeal.--Subsection (a) of section 407 of the 
        Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
        (Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 448) is 
        repealed.

    (b) Relationship to Other Notice Requirements.--Section 4 of the 
United Nations Participation Act of 1945, as amended by subsection (a), 
is further amended by adding at the end the following:

[[Page 113 STAT. 1501A-468]]

    ``(g) Relationship to Other Notification Requirements.--Nothing in 
this section is intended to alter or supersede any notification 
requirement with respect to peacekeeping operations that is established 
under any other provision of law.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 801. DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS 
            ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION 
            OR STERILIZATION POLICY.

    (a) Denial of Entry.--Notwithstanding any other provision of law, 
the Secretary of State may not issue any visa to, and the Attorney 
General may not admit to the United States, any foreign national whom 
the Secretary finds, based on credible and specific information, to have 
been directly involved in the establishment or enforcement of population 
control policies forcing a woman to undergo an abortion against her free 
choice or forcing a man or woman to undergo sterilization against his or 
her free choice, unless the Secretary has substantial grounds for 
believing that the foreign national has discontinued his or her 
involvement with, and support for, such policies.
    (b) Exceptions.--The prohibitions in subsection (a) shall not apply 
in the case of a foreign national who is a head of state, head of 
government, or cabinet level minister.
    (c) Waiver.--The Secretary of State may waive the prohibitions in 
subsection (a) with respect to a foreign national if the Secretary--
            (1) determines that it is important to the national interest 
        of the United States to do so; and
            (2) provides written notification to the appropriate 
        congressional committees containing a justification for the 
        waiver.

SEC. 802. TECHNICAL CORRECTIONS.

    (a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and 
Restructuring Act (as contained in division G of Public Law 105-277; 112 
Stat. 2681-792) is amended by striking ``divisionAct'' and inserting 
``division''.
    (b) Section 1002(a) of the Foreign Affairs Reform and Restructuring 
Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-
762) is amended by striking paragraph (3).
    (c) The table of contents of division G of Public Law 105-277 (112 
Stat. 2681-762) is amended by striking ``division__'' and inserting 
``division g''.
    (d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is amended in 
the first sentence by striking ``Secretary'' the first place it appears 
and inserting ``Secretary, in consultation with the Secretary of 
State,''.

SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA.

    (a) Reports Required.--
            (1) In general.--Not later than each of the dates specified 
        in paragraph (2), the Secretary of State shall submit a report 
        to the appropriate congressional committees describing specific

[[Page 113 STAT. 1501A-469]]

        steps being taken by the Government of Morocco and by the 
        Popular Front for the Liberation of Saguia el-Hamra and Rio de 
        Oro (POLISARIO) to ensure that a free, fair, and transparent 
        referendum in which the people of the Western Sahara will choose 
        between independence and integration with Morocco will be held 
        by July 2000.
            (2) Deadlines for submission of reports.--The dates referred 
        to in paragraph (1) are January 1, 2000, and June 1, 2000.

    (b) Report Elements.--The report shall include--
            (1) a description of preparations for the referendum, 
        including the extent to which free access to the territory for 
        independent international organizations, including election 
        observers and international media, will be guaranteed;
            (2) a description of current efforts by the Department of 
        State to ensure that a referendum will be held by July 2000;
            (3) an assessment of the likelihood that the July 2000 date 
        will be met;
            (4) a description of obstacles, if any, to the voter 
        registration process and other preparations for the referendum, 
        and efforts being made by the parties and the United States 
        Government to overcome those obstacles; and
            (5) an assessment of progress being made in the repatriation 
        process.

SEC. 804. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT OF 
            1989.

    The PLO Commitments Compliance Act of 1989 is amended --
            (1) in section 804(b), by striking ``In conjunction with 
        each written policy justification required under section 
        604(b)(1) of the Middle East Peace Facilitation Act of 1995 or 
        every'' and inserting ``Every'';
            (2) in section 804(b)--
                    (A) by striking ``and'' at the end of paragraph (9);
                    (B) by striking the period at the end of paragraph 
                (10); and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(11) a statement on the effectiveness of end-use 
        monitoring of international or United States aid being provided 
        to the Palestinian Authority, Palestinian Liberation 
        Organization, or the Palestinian Legislative Council, or to any 
        other agent or instrumentality of the Palestinian Authority, on 
        Palestinian efforts to comply with international accounting 
        standards and on enforcement of anti-corruption measures; and
            ``(12) a statement on compliance by the Palestinian 
        Authority with the democratic reforms, with specific details 
        regarding the separation of powers called for between the 
        executive and Legislative Council, the status of legislation 
        passed by the Legislative Council and sent to the executive, the 
        support of the executive for local and municipal elections, the 
        status of freedom of the press, and of the ability of the press 
        to broadcast debate from within the Legislative Council and 
        about the activities of the Legislative Council.''.

[[Page 113 STAT. 1501A-470]]

SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS 
            WERE KILLED AND RELATED MATTERS.

    (a) In General.--Not later than 6 months after the date of enactment 
of this Act and every 6 months thereafter until October 1, 2001, the 
Secretary of State shall prepare and submit a report, with a classified 
annex as necessary, to the appropriate congressional committees 
regarding terrorist attacks in Israel, in territory administered by 
Israel, and in territory administered by the Palestinian Authority. The 
report shall contain the following information:
            (1) A list of formal commitments the Palestinian Authority 
        has made to combat terrorism.
            (2) A list of terrorist attacks, occurring between September 
        13, 1993 and the date of the report, against United States 
        citizens in Israel, in territory administered by Israel, or in 
        territory administered by the Palestinian Authority, including--
                    (A) a list of all citizens of the United States 
                killed or injured in such attacks;
                    (B) the date of each attack and the total number of 
                people killed or injured in each attack;
                    (C) the person or group claiming responsibility for 
                the attack and where such person or group has found 
                refuge or support;
                    (D) a list of suspects implicated in each attack and 
                the nationality of each suspect, including information 
                on--
                          (i) which suspects are in the custody of the 
                      Palestinian Authority and which suspects are in 
                      the custody of Israel;
                          (ii) which suspects are still at large in 
                      areas controlled by the Palestinian Authority or 
                      Israel; and
                          (iii) the whereabouts (or suspected 
                      whereabouts) of suspects implicated in each 
                      attack.
            (3) Of the suspects implicated in the attacks described in 
        paragraph (2) and detained by Palestinian or Israeli 
        authorities, information on--
                    (A) the date each suspect was incarcerated;
                    (B) whether any suspects have been released, the 
                date of such release, and whether any released suspect 
                was implicated in subsequent acts of terrorism; and
                    (C) the status of each case pending against a 
                suspect, including information on whether the suspect 
                has been indicted, prosecuted, or convicted by the 
                Palestinian Authority or Israel.
            (4) The policy of the Department of State with respect to 
        offering rewards for information on terrorist suspects, 
        including any information on whether a reward has been posted 
        for suspects involved in terrorist attacks listed in the report.
            (5) A list of each request by the United States for 
        assistance in investigating terrorist attacks listed in the 
        report, a list of each request by the United States for the 
        transfer of terrorist suspects from the Palestinian Authority 
        and Israel since September 13, 1993, and the response to each 
        request from the Palestinian Authority and Israel.
            (6) A description of efforts made by United States officials 
        since September 13, 1993 to bring to justice perpetrators of 
        terrorist acts against United States citizens as listed in the 
        report.

[[Page 113 STAT. 1501A-471]]

            (7) A list of any terrorist suspects in these cases who are 
        members of Palestinian police or security forces, the Palestine 
        Liberation Organization, or any Palestinian governing body.
            (8) A list of all United States citizens killed or injured 
        in terrorist attacks in Israel or in territory administered by 
        Israel between 1950 and September 13, 1993, to include in each 
        case, where such information is reasonably available, any stated 
        claim of responsibility and the resolution or disposition of 
        each case, except that this list shall be submitted only once 
        with the initial report required under this section unless 
        additional relevant information on these cases becomes 
        available.

    (b) Consultation with Other Departments.--The Secretary of State 
shall, in preparing the report required by this section, consult and 
coordinate with all other Government officials who have information 
necessary to complete the report. Nothing contained in this section 
shall require the disclosure, on a classified or unclassified basis, of 
information that would jeopardize sensitive sources and methods or other 
vital national security interests or jeopardize ongoing criminal 
investigations or proceedings.
    (c) Initial Report.--Except as provided in subsection (a)(8), the 
initial report filed under this section shall cover the period between 
September 13, 1993 and the date of the report.

SEC. 806. ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY, AND 
            GENOCIDE.

    (a) Section 116 of Foreign Assistance Act of 1961.--Section 116(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``and''; and
            (3) by adding at the end the following:
            ``(8) wherever applicable, consolidated information 
        regarding the commission of war crimes, crimes against humanity, 
        and evidence of acts that may constitute genocide (as defined in 
        article 2 of the Convention on the Prevention and Punishment of 
        the Crime of Genocide and modified by the United States 
        instrument of ratification to that convention and section 2(a) 
        of the Genocide Convention Implementation Act of 1987).''.

    (b) Section 502B of the Foreign Assistance Act of 1961.--Section 
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is 
amended by inserting after the first sentence the following: ``Wherever 
applicable, such report shall include consolidated information regarding 
the commission of war crimes, crimes against humanity, and evidence of 
acts that may constitute genocide (as defined in article 2 of the 
Convention on the Prevention and Punishment of the Crime of Genocide and 
modified by the United States instrument of ratification to that 
convention and section 2(a) of the Genocide Convention Implementation 
Act of 1987).''.

[[Page 113 STAT. 1501A-472]]

                Subtitle B--North Korea Threat Reduction

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``North Korea Threat Reduction Act 
of 1999''.

SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

    (a) In General.--Notwithstanding any other provision of law or any 
international agreement, no agreement for cooperation (as defined in 
sec. 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between 
the United States and North Korea may become effective, no license may 
be issued for export directly or indirectly to North Korea of any 
nuclear material, facilities, components, or other goods, services, or 
technology that would be subject to such agreement, and no approval may 
be given for the transfer or retransfer directly or indirectly to North 
Korea of any nuclear material, facilities, components, or other goods, 
services, or technology that would be subject to such agreement, until 
the President determines and reports to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate that--
            (1) North Korea has come into full compliance with its 
        safeguards agreement with the IAEA (INFCIRC/403), and has taken 
        all steps that have been deemed necessary by the IAEA in this 
        regard;
            (2) North Korea has permitted the IAEA full access to all 
        additional sites and all information (including historical 
        records) deemed necessary by the IAEA to verify the accuracy and 
        completeness of North Korea's initial report of May 4, 1992, to 
        the IAEA on all nuclear sites and material in North Korea;
            (3) North Korea is in full compliance with its obligations 
        under the Agreed Framework;
            (4) North Korea has consistently taken steps to implement 
        the Joint Declaration on Denuclearization, and is in full 
        compliance with its obligations under numbered paragraphs 1, 2, 
        and 3 of the Joint Declaration on Denuclearization (excluding in 
        the case of numbered paragraph 3 facilities frozen pursuant to 
        the Agreed Framework);
            (5) North Korea does not have uranium enrichment or nuclear 
        reprocessing facilities (excluding facilities frozen pursuant to 
        the Agreed Framework), and is making no significant progress 
        toward acquiring or developing such facilities;
            (6) North Korea does not have nuclear weapons and is making 
        no significant effort to acquire, develop, test, produce, or 
        deploy such weapons; and
            (7) the transfer to North Korea of key nuclear components, 
        under the proposed agreement for cooperation with North Korea 
        and in accordance with the Agreed Framework, is in the national 
        interest of the United States.

    (b) Construction.--The restrictions contained in subsection (a) 
shall apply in addition to all other applicable procedures, 
requirements, and restrictions contained in the Atomic Energy Act of 
1954 and other laws.

[[Page 113 STAT. 1501A-473]]

SEC. 823. DEFINITIONS.

    In this subtitle:
            (1) Agreed framework.--The term ``Agreed Framework'' means 
        the ``Agreed Framework Between the United States of America and 
        the Democratic People's Republic of Korea'', signed in Geneva on 
        October 21, 1994, and the Confidential Minute to that Agreement.
            (2) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (3) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
            (4) Joint declaration on denuclearization.--The term ``Joint 
        Declaration on Denuclearization'' means the Joint Declaration on 
        the Denuclearization of the Korean Peninsula, issued by the 
        Republic of Korea and the Democratic People's Republic of Korea 
        on January 1, 1992.

                 Subtitle C--People's Republic of China

SEC. 871. FINDINGS.

    Congress makes the following findings:
            (1) Congress concurs in the conclusions of the Department of 
        State, as set forth in the Country Reports on Human Rights 
        Practices for 1998, on human rights in the People's Republic of 
        China in 1998 as follows:
                    (A) ``The People's Republic of China (PRC) is an 
                authoritarian state in which the Chinese Communist Party 
                (CCP) is the paramount source of power. . . . Citizens 
                lack both the freedom peacefully to express opposition 
                to the party-led political system and the right to 
                change their national leaders or form of government.''.
                    (B) ``The Government continued to commit widespread 
                and well-documented human rights abuses, in violation of 
                internationally accepted norms. These abuses stemmed 
                from the authorities' very limited tolerance of public 
                dissent aimed at the Government, fear of unrest, and the 
                limited scope or inadequate implementation of laws 
                protecting basic freedoms.''.
                    (C) ``Abuses included instances of extrajudicial 
                killings, torture and mistreatment of prisoners, forced 
                confessions, arbitrary arrest and detention, lengthy 
                incommunicado detention, and denial of due process.''.
                    (D) ``Prison conditions at most facilities remained 
                harsh. . . . The Government infringed on citizens' 
                privacy rights. The Government continued restrictions on 
                freedom of speech and of the press, and tightened these 
                toward the end of the year. The Government severely 
                restricted freedom of assembly, and continued to 
                restrict freedom of association, religion, and 
                movement.''.
                    (E) ``Discrimination against women, minorities, and 
                the disabled; violence against women, including coercive 
                family planning practices--which sometimes include 
                forced abortion and forced sterilization; prostitution, 
                trafficking in women and children, and the abuse of 
                children all are problems.''.

[[Page 113 STAT. 1501A-474]]

                    (F) ``The Government continued to restrict tightly 
                worker rights, and forced labor remains a problem.''.
                    (G) ``Serious human rights abuses persisted in 
                minority areas, including Tibet and Xinjiang, where 
                restrictions on religion and other fundamental freedoms 
                intensified.''.
                    (H) ``Unapproved religious groups, including 
                Protestant and Catholic groups, continued to experience 
                varying degrees of official interference and 
                repression.''.
                    (I) ``Although the Government denies that it holds 
                political or religious prisoners, and argues that all 
                those in prison are legitimately serving sentences for 
                crimes under the law, an unknown number of persons, 
                estimated at several thousand, are detained in violation 
                of international human rights instruments for peacefully 
                expressing their political, religious, or social 
                views.''.
            (2) In addition to the State Department, credible press 
        reports and human rights organizations have documented an 
        intense crackdown on political activists by the Government of 
        the People's Republic of China, involving the harassment, 
        detainment, arrest, and imprisonment of dozens of activists.
            (3) The People's Republic of China, as a member of the 
        United Nations, is expected to abide by the provisions of the 
        Universal Declaration of Human Rights.
            (4) The People's Republic of China is a party to numerous 
        international human rights conventions, including the Convention 
        Against Torture and Other Cruel, Inhuman or Degrading Treatment 
        or Punishment, and is a signatory to the International Covenant 
        on Civil and Political Rights and the Covenant on Economic, 
        Social, and Cultural Rights.

SEC. 872. FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO REPORT 
            ON POLITICAL, ECONOMIC, AND HUMAN RIGHTS MATTERS IN THE 
            PEOPLE'S REPUBLIC OF CHINA.

    Of the amounts authorized to be appropriated for the Department of 
State by this Act, $2,200,000 for fiscal year 2000 and $2,200,000 for 
fiscal year 2001 shall be made available only to support additional 
personnel in the United States Embassies in Beijing and Kathmandu, as 
well as the American consulates in Guangzhou, Shanghai, Shenyang, 
Chengdu, and Hong Kong, in order to monitor political and social 
conditions, with particular emphasis on respect for, and violations of, 
internationally recognized human rights, in the People's Republic of 
China.

SEC. 873. PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC OF 
            CHINA.

    (a) Requirement.--The Secretary of State shall establish and 
maintain a registry which shall, to the extent practicable, provide 
information on all political prisoners, prisoners of conscience, and 
prisoners of faith in the People's Republic of China. The registry shall 
be known as the ``Prisoner Information Registry for the People's 
Republic of China''.
    (b) Information in Registry.--The registry required by subsection 
(a) shall include information on the charges, judicial processes, 
administrative actions, uses of forced labor, incidents of torture, 
lengths of imprisonment, physical and health conditions, and other 
matters associated with the incarceration of prisoners in the People's 
Republic of China referred to in that subsection.

[[Page 113 STAT. 1501A-475]]

    (c) Availability of Funds.--The Secretary may make a grant to 
nongovernmental organizations currently engaged in monitoring activities 
regarding political prisoners in the People's Republic of China in order 
to assist in the establishment and maintenance of the registry required 
by subsection (a).

                  TITLE IX--ARREARS PAYMENTS AND REFORM

                     Subtitle A--General Provisions

SEC. 901. SHORT TITLE.

    This title may be cited as the ``United Nations Reform Act of 
1999''.

SEC. 902. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations and the Committee on Appropriations of the 
        Senate and the Committee on International Relations and the 
        Committee on Appropriations of the House of Representatives.
            (2) Designated specialized agency defined.--The term 
        ``designated specialized agency'' means the International Labor 
        Organization, the World Health Organization, and the Food and 
        Agriculture Organization.
            (3) General assembly.--The term ``General Assembly'' means 
        the General Assembly of the United Nations.
            (4) Secretary general.--The term ``Secretary General'' means 
        the Secretary General of the United Nations.
            (5) Security council.--The term ``Security Council'' means 
        the Security Council of the United Nations.
            (6) United nations member.--The term ``United Nations 
        member'' means any country that is a member of the United 
        Nations.
            (7) United nations peacekeeping operation.--The term 
        ``United Nations peacekeeping operation'' means any United 
        Nations-led operation to maintain or restore international peace 
        or security that--
                    (A) is authorized by the Security Council; and
                    (B) is paid for from assessed contributions of 
                United Nations members that are made available for 
                peacekeeping activities.

              Subtitle B--Arrearages to the United Nations

 CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE 
                                OF FUNDS

SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
            (1) Fiscal year 1998.--

[[Page 113 STAT. 1501A-476]]

                    (A) Regular assessments.--Amounts appropriated by 
                title IV of the Departments of Commerce, Justice, and 
                State, the Judiciary, and Related Agencies 
                Appropriations Act, 1998 (Public Law 105-119), under the 
                heading ``Contributions to International 
                Organizations'', are hereby authorized to be 
                appropriated and shall be available for obligation and 
                expenditure subject to the provisions of this title.
                    (B) Peacekeeping assessments.--Amounts appropriated 
                by title IV of the Departments of Commerce, Justice, and 
                State, the Judiciary, and Related Agencies 
                Appropriations Act, 1998 (Public Law 105-119), under the 
                heading ``Contributions for International Peacekeeping 
                Activities'', are hereby authorized to be appropriated 
                and shall be available for obligation and expenditure 
                subject to the provisions of this title.
            (2) Fiscal year 1999.--Amounts appropriated under the 
        heading ``Arrearage Payments'' in title IV of the Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1999 (as contained in section 101(b) of 
        division A of the Omnibus Consolidated and Emergency 
        Supplemental Appropriations Act, 1999; Public Law 105-277), are 
        hereby authorized to be appropriated and shall be available for 
        obligation and expenditure subject to the provisions of this 
        title.
            (3) Fiscal year 2000.--There are authorized to be 
        appropriated to the Department of State for payment of 
        arrearages owed by the United States described in subsection (b) 
        as of September 30, 1997, $244,000,000 for fiscal year 2000. 
        Amounts appropriated pursuant to this paragraph shall be 
        available for obligation and expenditure subject to the 
        provisions of this title.

    (b) Limitation.--Amounts made available under subsection (a) are 
authorized to be available only--
            (1) to pay the United States share of assessments for the 
        regular budget of the United Nations;
            (2) to pay the United States share of United Nations 
        peacekeeping operations;
            (3) to pay the United States share of United Nations 
        specialized agencies; and
            (4) to pay the United States share of other international 
        organizations.

    (c) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
    (d) Statutory Construction.--For purposes of payments made using 
funds made available under subsection (a), section 404(b)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236) shall not apply to United Nations peacekeeping operation 
assessments received by the United States prior to October 1, 1995.

SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

    (a) In General.--Funds made available pursuant to section 911 may be 
obligated and expended only if the requirements of subsections (b) and 
(c) of this section are satisfied.
    (b) Obligation and Expenditure Upon Satisfaction of Certification 
Requirements.--Subject to subsections (e) and (f), funds made available 
pursuant to section 911 may be obligated and

[[Page 113 STAT. 1501A-477]]

expended only in the following allotments and upon the following 
certifications:
            (1) Amounts made available for fiscal year 1998, upon the 
        certification described in section 921.
            (2) Amounts made available for fiscal year 1999, upon the 
        certification described in section 931.
            (3) Amounts authorized to be appropriated for fiscal year 
        2000, upon the certification described in section 941.

    (c) Advance Congressional Notification.--Funds made available 
pursuant to section 911 may be obligated and expended only if the 
appropriate certification has been submitted to the appropriate 
congressional committees 30 days prior to the payment of the funds.
    (d) Transmittal of Certifications.--Certifications made under this 
chapter shall be transmitted by the Secretary of State to the 
appropriate congressional committees.
    (e) Waiver Authority With Respect to Fiscal Year 1999 Funds.--
            (1) In general.--Subject to paragraph (3) and 
        notwithstanding subsection (b), funds made available under 
        section 911 for fiscal year 1999 may be obligated or expended 
        pursuant to subsection (b)(2) even if the Secretary of State 
        cannot certify that the condition described in section 931(b)(1) 
        has been satisfied.
            (2) Requirements.--
                    (A) In general.--The authority to waive the 
                condition described in paragraph (1) of this subsection 
                may be exercised only if the Secretary of State--
                          (i) determines that substantial progress 
                      towards satisfying the condition has been made and 
                      that the expenditure of funds pursuant to that 
                      paragraph is important to the interests of the 
                      United States; and
                          (ii) has notified, and consulted with, the 
                      appropriate congressional committees prior to 
                      exercising the authority.
                    (B) Effect on subsequent certification.--If the 
                Secretary of State exercises the authority of paragraph 
                (1), the condition described in that paragraph shall be 
                deemed to have been satisfied for purposes of making any 
                certification under section 941.
            (3) Additional requirement.--If the authority to waive a 
        condition under paragraph (1)(A) is exercised, the Secretary of 
        State shall notify the United Nations that the Congress does not 
        consider the United States obligated to pay, and does not intend 
        to pay, arrearages that have not been included in the contested 
        arrearages account or other mechanism described in section 
        931(b)(1).

    (f) Waiver Authority With Respect to Fiscal Year 2000 Funds.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding subsection (b), funds made available under 
        section 911 for fiscal year 2000 may be obligated or expended 
        pursuant to subsection (b)(3) even if the Secretary of State 
        cannot certify that the condition described in paragraph (1) of 
        section 941(b) has been satisfied.
            (2) Requirements.--

[[Page 113 STAT. 1501A-478]]

                    (A) In general.--The authority to waive a condition 
                under paragraph (1) may be exercised only if the 
                Secretary of State has notified, and consulted with, the 
                appropriate congressional committees prior to exercising 
                the authority.
                    (B) Effect on subsequent certification.--If the 
                Secretary of State exercises the authority of paragraph 
                (1) with respect to a condition, such condition shall be 
                deemed to have been satisfied for purposes of making any 
                certification under section 941.

SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE 
            UNITED STATES.

    (a) Forgiveness of Indebtedness.--Subject to subsection (b), the 
President is authorized to forgive or reduce any amount owed by the 
United Nations to the United States as a reimbursement, including any 
reimbursement payable under the Foreign Assistance Act of 1961 or the 
United Nations Participation Act of 1945.
    (b) Limitations.--
            (1) Total amount.--The total of amounts forgiven or reduced 
        under subsection (a) may not exceed $107,000,000.
            (2) Relation to united states arrearages.--Amounts shall be 
        forgiven or reduced under this section only to the same extent 
        as the United Nations forgives or reduces amounts owed by the 
        United States to the United Nations as of September 30, 1997.

    (c) Requirements.--The authority in subsection (a) shall be 
available only to the extent and in the amounts provided in advance in 
appropriations Acts.
    (d) Congressional Notification.--Before exercising any authority in 
subsection (a), the President shall notify the appropriate congressional 
committees in accordance with the same procedures as are applicable to 
reprogramming notifications under section 634A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2394-1).
    (e) Effective Date.--This section shall take effect on the date a 
certification is transmitted to the appropriate congressional committees 
under section 931.

                  CHAPTER 2--UNITED STATES SOVEREIGNTY

SEC. 921. CERTIFICATION REQUIREMENTS.

    (a) Contents of Certification.--A certification described in this 
section is a certification by the Secretary of State that the following 
conditions are satisfied:
            (1) Supremacy of the united states constitution.--No action 
        has been taken by the United Nations or any of its specialized 
        or affiliated agencies that requires the United States to 
        violate the United States Constitution or any law of the United 
        States.
            (2) No united nations sovereignty.--Neither the United 
        Nations nor any of its specialized or affiliated agencies--
                    (A) has exercised sovereignty over the United 
                States; or
                    (B) has taken any steps that require the United 
                States to cede sovereignty.
            (3) No united nations taxation.--

[[Page 113 STAT. 1501A-479]]

                    (A) No legal authority.--Except as provided in 
                subparagraph (D), neither the United Nations nor any of 
                its specialized or affiliated agencies has the authority 
                under United States law to impose taxes or fees on 
                United States nationals.
                    (B) No taxes or fees.--Except as provided in 
                subparagraph (D), a tax or fee has not been imposed on 
                any United States national by the United Nations or any 
                of its specialized or affiliated agencies.
                    (C) No taxation proposals.--Except as provided in 
                subparagraph (D), neither the United Nations nor any of 
                its specialized or affiliated agencies has, on or after 
                October 1, 1996, officially approved any formal effort 
                to develop, advocate, or promote any proposal concerning 
                the imposition of a tax or fee on any United States 
                national in order to raise revenue for the United 
                Nations or any such agency.
                    (D) Exception.--This paragraph does not apply to--
                          (i) fees for publications or other kinds of 
                      fees that are not tantamount to a tax on United 
                      States citizens;
                          (ii) the World Intellectual Property 
                      Organization; or
                          (iii) the staff assessment costs of the United 
                      Nations and its specialized or affiliated 
                      agencies.
            (4) No standing army.--The United Nations has not, on or 
        after October 1, 1996, budgeted any funds for, nor taken any 
        official steps to develop, create, or establish any special 
        agreement under Article 43 of the United Nations Charter to make 
        available to the United Nations, on its call, the armed forces 
        of any member of the United Nations.
            (5) No interest fees.--The United Nations has not, on or 
        after October 1, 1996, levied interest penalties against the 
        United States or any interest on arrearages on the annual 
        assessment of the United States, and neither the United Nations 
        nor its specialized agencies have, on or after October 1, 1996, 
        amended their financial regulations or taken any other action 
        that would permit interest penalties to be levied against the 
        United States or otherwise charge the United States any interest 
        on arrearages on its annual assessment.
            (6) United states real property rights.--Neither the United 
        Nations nor any of its specialized or affiliated agencies has 
        exercised authority or control over any United States national 
        park, wildlife preserve, monument, or real property, nor has the 
        United Nations nor any of its specialized or affiliated agencies 
        implemented plans, regulations, programs, or agreements that 
        exercise control or authority over the private real property of 
        United States citizens located in the United States without the 
        approval of the property owner.
            (7) Termination of borrowing authority.--
                    (A) Prohibition on authorization of external 
                borrowing.--On or after the date of enactment of this 
                Act, neither the United Nations nor any specialized 
                agency of the United Nations has amended its financial 
                regulations to permit external borrowing.
                    (B) Prohibition of united states payment of interest 
                costs.--The United States has not, on or after October 
                1, 1984, paid its share of any interest costs made

[[Page 113 STAT. 1501A-480]]

                known to or identified by the United States Government 
                for loans incurred, on or after October 1, 1984, by the 
                United Nations or any specialized agency of the United 
                Nations through external borrowing.

    (b) Transmittal.--The Secretary of State may transmit a 
certification under subsection (a) at any time during fiscal year 1998 
or thereafter if the requirements of the certification are satisfied.

    CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING 
                               OPERATIONS

SEC. 931. CERTIFICATION REQUIREMENTS.

    (a) In General.--A certification described in this section is a 
certification by the Secretary of State that the conditions in 
subsection (b) are satisfied. Such certification shall not be made by 
the Secretary if the Secretary determines that any of the conditions set 
forth in section 921 are no longer satisfied.
    (b) Conditions.--The conditions under this subsection are the 
following:
            (1) Contested arrearages.--The United Nations has 
        established an account or other appropriate mechanism with 
        respect to all United States arrearages incurred before the date 
        of enactment of this Act with respect to which payments are not 
        authorized by this Act, and the failure to pay amounts specified 
        in the account does not affect the application of Article 19 of 
        the Charter of the United Nations. The account established under 
        this paragraph may be referred to as the ``contested arrearages 
        account''.
            (2) Limitation on assessed share of budget for united 
        nations peacekeeping operations.--The assessed share of the 
        budget for each assessed United Nations peacekeeping operation 
        does not exceed 25 percent for any single United Nations member.
            (3) Limitation on assessed share of regular budget.--The 
        share of the total of all assessed contributions for the regular 
        budget of the United Nations does not exceed 22 percent for any 
        single United Nations member.

                 CHAPTER 4--BUDGET AND PERSONNEL REFORM

SEC. 941. CERTIFICATION REQUIREMENTS.

    (a) In General.--
            (1) In general.--Except as provided in paragraph (2), a 
        certification described in this section is a certification by 
        the Secretary of State that the conditions in subsection (b) are 
        satisfied.
            (2) Specified certification.--A certification described in 
        this section is also a certification that, with respect to the 
        United Nations or a particular designated specialized agency, 
        the conditions in subsection (b)(4) applicable to that 
        organization are satisfied, regardless of whether the conditions 
        in subsection (b)(4) applicable to any other organization are 
        satisfied, if the other conditions in subsection (b) are 
        satisfied.
            (3) Effect of specified certification.--Funds made available 
        under section 912(b)(3) upon a certification made under this 
        section with respect to the United Nations or a particular 
        designated specialized agency shall be limited to

[[Page 113 STAT. 1501A-481]]

        that portion of the funds available under that section that is 
        allocated for the organization with respect to which the 
        certification is made and for any other organization to which 
        none of the conditions in subsection (b) apply.
            (4) Limitation.--A certification described in this section 
        shall not be made by the Secretary if the Secretary determines 
        that any of the conditions set forth in sections 921 and 931 are 
        no longer satisfied.

    (b) Conditions.--The conditions under this subsection are the 
following:
            (1) Limitation on assessed share of regular budget.--The 
        share of the total of all assessed contributions for the regular 
        budget of the United Nations, or any designated specialized 
        agency of the United Nations, does not exceed 20 percent for any 
        single United Nations member.
            (2) Inspectors general for certain organizations.--
                    (A) Establishment of offices.--Each designated 
                specialized agency has established an independent office 
                of inspector general to conduct and supervise objective 
                audits, inspections, and investigations relating to the 
                programs and operations of the organization.
                    (B) Appointment of inspectors general.--The Director 
                General of each designated specialized agency has 
                appointed an inspector general, with the approval of the 
                member states, and that appointment was made principally 
                on the basis of the appointee's integrity and 
                demonstrated ability in accounting, auditing, financial 
                analysis, law, management analysis, public 
                administration, or investigations.
                    (C) Assigned functions.--Each inspector general 
                appointed under subparagraph (A) is authorized to--
                          (i) make investigations and reports relating 
                      to the administration of the programs and 
                      operations of the agency concerned;
                          (ii) have access to all records, documents, 
                      and other available materials relating to those 
                      programs and operations of the agency concerned; 
                      and
                          (iii) have direct and prompt access to any 
                      official of the agency concerned.
                    (D) Complaints.--Each designated specialized agency 
                has procedures in place designed to protect the identity 
                of, and to prevent reprisals against, any staff member 
                making a complaint or disclosing information to, or 
                cooperating in any investigation or inspection by, the 
                inspector general of the agency.
                    (E) Compliance with recommendations.--Each 
                designated specialized agency has in place procedures 
                designed to ensure compliance with the recommendations 
                of the inspector general of the agency.
                    (F) Availability of reports.--Each designated 
                specialized agency has in place procedures to ensure 
                that all annual and other relevant reports submitted by 
                the inspector general to the agency are made available 
                to the member states without modification except to the 
                extent necessary to protect the privacy rights of 
                individuals.

[[Page 113 STAT. 1501A-482]]

            (3) New budget procedures for the united nations.--The 
        United Nations has established and is implementing budget 
        procedures that--
                    (A) require the maintenance of a budget not in 
                excess of the level agreed to by the General Assembly at 
                the beginning of each United Nations budgetary biennium, 
                unless increases are agreed to by consensus; and
                    (B) require the system-wide identification of 
                expenditures by functional categories such as personnel, 
                travel, and equipment.
            (4) Sunset policy for certain united nations programs.--
                    (A) Existing authority.--The Secretary General and 
                the Director General of each designated specialized 
                agency have used their existing authorities to require 
                program managers within the United Nations Secretariat 
                and the Secretariats of the designated specialized 
                agencies to conduct evaluations of United Nations 
                programs approved by the General Assembly, and of 
                programs of the designated specialized agencies, in 
                accordance with the standardized methodology referred to 
                in subparagraph (B).
                    (B) Development of evaluation criteria.--
                          (i) United nations.--The Office of Internal 
                      Oversight Services has developed a standardized 
                      methodology for the evaluation of United Nations 
                      programs approved by the General Assembly, 
                      including specific criteria for determining the 
                      continuing relevance and effectiveness of the 
                      programs.
                          (ii) Designated specialized agencies.--
                      Patterned on the work of the Office of Internal 
                      Oversight Services of the United Nations, each 
                      designated specialized agency has developed a 
                      standardized methodology for the evaluation of the 
                      programs of the agency, including specific 
                      criteria for determining the continuing relevance 
                      and effectiveness of the programs.
                    (C) Procedures.--Consistent with the July 16, 1997, 
                recommendations of the Secretary General regarding a 
                sunset policy and results-based budgeting for United 
                Nations programs, the United Nations and each designated 
                specialized agency has established and is implementing 
                procedures--
                          (i) requiring the Secretary General or the 
                      Director General of the agency, as the case may 
                      be, to report on the results of evaluations 
                      referred to in this paragraph, including the 
                      identification of programs that have met criteria 
                      for continuing relevance and effectiveness and 
                      proposals to terminate or modify programs that 
                      have not met such criteria; and
                          (ii) authorizing an appropriate body within 
                      the United Nations or the agency, as the case may 
                      be, to review each evaluation referred to in this 
                      paragraph and report to the General Assembly on 
                      means of improving the program concerned or on 
                      terminating the program.
                    (D) United states policy.--It shall be the policy of 
                the United States to seek adoption by the United Nations 
                of a resolution requiring that each United Nations 
                program

[[Page 113 STAT. 1501A-483]]

                approved by the General Assembly, and to seek adoption 
                by each designated specialized agency of a resolution 
                requiring that each program of the agency, be subject to 
                an evaluation referred to in this paragraph and have a 
                specific termination date so that the program will not 
                be renewed unless the evaluation demonstrates the 
                continuing relevance and effectiveness of the program.
                    (E) Definition.--For purposes of this paragraph, the 
                term ``United Nations program approved by the General 
                Assembly'' means a program approved by the General 
                Assembly of the United Nations which is administered or 
                funded by the United Nations.
            (5) United nations advisory committee on administrative and 
        budgetary questions.--
                    (A) In general.--The United States has a seat on the 
                United Nations Advisory Committee on Administrative and 
                Budgetary Questions or the five largest member 
                contributors each have a seat on the Advisory Committee.
                    (B) Definition.--As used in this paragraph, the term 
                ``5 largest member contributors'' means the 5 United 
                Nations member states that, during a United Nations 
                budgetary biennium, have more total assessed 
                contributions than any other United Nations member state 
                to the aggregate of the United Nations regular budget 
                and the budget (or budgets) for United Nations 
                peacekeeping operations.
            (6) Access by the general accounting office.--The United 
        Nations has in effect procedures providing access by the United 
        States General Accounting Office to United Nations financial 
        data to assist the Office in performing nationally mandated 
        reviews of United Nations operations.
            (7) Personnel.--
                    (A) Appointment and service of personnel.--The 
                Secretary General--
                          (i) has established and is implementing 
                      procedures that ensure that staff employed by the 
                      United Nations is appointed on the basis of merit 
                      consistent with Article 101 of the United Nations 
                      Charter; and
                          (ii) is enforcing those contractual 
                      obligations requiring worldwide availability of 
                      all professional staff of the United Nations to 
                      serve and be relocated based on the needs of the 
                      United Nations.
                    (B) Code of conduct.--The General Assembly has 
                adopted, and the Secretary General has the authority to 
                enforce and is effectively enforcing, a code of conduct 
                binding on all United Nations personnel, including the 
                requirement of financial disclosure statements binding 
                on senior United Nations personnel and the establishment 
                of rules against nepotism that are binding on all United 
                Nations personnel.
                    (C) Personnel evaluation system.--The United Nations 
                has adopted and is enforcing a personnel evaluation 
                system.
                    (D) Periodic assessments.--The United Nations has 
                established and is implementing a mechanism to conduct 
                periodic assessments of the United Nations payroll to 
                determine total staffing, and the results of such 
                assessments

[[Page 113 STAT. 1501A-484]]

                are reported in an unabridged form to the General 
                Assembly.
                    (E) Review of united nations allowance system.--The 
                United States has completed a thorough review of the 
                United Nations personnel allowance system. The review 
                shall include a comparison of that system with the 
                United States civil service system, and shall make 
                recommendations to reduce entitlements to allowances and 
                allowance funding levels from the levels in effect on 
                January 1, 1998.
            (8) Reduction in budget authorities.--The designated 
        specialized agencies have achieved zero nominal growth in their 
        biennium budgets for 2000-01 from the 1998-99 biennium budget 
        levels of the respective agencies.
            (9) New budget procedures and financial regulations.--Each 
        designated specialized agency has established procedures to--
                    (A) require the maintenance of a budget that does 
                not exceed the level agreed to by the member states of 
                the organization at the beginning of each budgetary 
                biennium, unless increases are agreed to by consensus;
                    (B) require the identification of expenditures by 
                functional categories such as personnel, travel, and 
                equipment; and
                    (C) require approval by the member states of the 
                agency's supplemental budget requests to the Secretariat 
                in advance of expenditures under those requests.
            (10) Limitation on assessed share of regular budget for the 
        designated specialized agencies.--The share of the total of all 
        assessed contributions for any designated specialized agency 
        does not exceed 22 percent for any single member of the agency.

                  Subtitle C--Miscellaneous Provisions

SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.

    Except as otherwise specifically provided, nothing in this title may 
be construed to make available funds in violation of any provision of 
law containing a specific prohibition or restriction on the use of the 
funds, including section 114 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 22 U.S.C. 287e 
note), section 151 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section 
404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236; 22 U.S.C. 287e note).

SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER 
            INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS 
            WITHDRAWN OR RESCINDED FUNDING.

    None of the funds authorized to be appropriated by this title shall 
be used to pay any arrearage for--
            (1) the United Nations Industrial Development Organization;

[[Page 113 STAT. 1501A-485]]

            (2) any costs to merge that organization into the United 
        Nations;
            (3) the costs associated with any other organization of the 
        United Nations from which the United States has withdrawn 
        including the costs of the merger of such organization into the 
        United Nations; or
            (4) the World Tourism Organization, or any other 
        international organization with respect to which Congress has 
        rescinded funding.

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Arms Control, Nonproliferation, 
and Security Assistance Act of 1999''.

               TITLE XI--ARMS CONTROL AND NONPROLIFERATION

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Arms Control and Nonproliferation 
Act of 1999''.

SEC. 1102. DEFINITIONS.

    In this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        International Relations and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the Committee 
        on Foreign Relations and the Select Committee on Intelligence of 
        the Senate.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the position of Assistant Secretary of State for 
        Verification and Compliance designated under section 1112.
            (3) Executive agency.--The term ``Executive agency'' has the 
        meaning given the term in section 105 of title 5, United States 
        Code.
            (4) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (5) START treaty or treaty.--The term ``START Treaty'' or 
        ``Treaty'' means the Treaty With the Union of Soviet Socialist 
        Republics on the Reduction and Limitation of Strategic Offensive 
        Arms, including all agreed statements, annexes, protocols, and 
        memoranda, signed at Moscow on July 31, 1991.
            (6) START ii treaty.--The term ``START II Treaty'' means the 
        Treaty Between the United States of America and the Russian 
        Federation on Further Reduction and Limitation of Strategic 
        Offensive Arms, and related protocols and memorandum of 
        understanding, signed at Moscow on January 3, 1993.

[[Page 113 STAT. 1501A-486]]

                        Subtitle A--Arms Control

   CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL 
                               AGREEMENTS

SEC. 1111. KEY VERIFICATION ASSETS FUND.

    (a) In General.--The Secretary of State is authorized to transfer 
funds available to the Department of State under this section to the 
Department of Defense, the Department of Energy, or any agency, entity, 
or component of the intelligence community, as needed, for retaining, 
researching, developing, or acquiring technologies or programs relating 
to the verification of arms control, nonproliferation, and disarmament 
agreements or commitments.
    (b) Prohibition on Reprogramming.--Notwithstanding any other 
provision of law, funds made available to carry out this section may not 
be used for any purpose other than the purposes specified in subsection 
(a).
    (c) Funding.--Of the total amount of funds authorized to be 
appropriated to the Department of State by this Act for the fiscal years 
2000 and 2001, $5,000,000 is authorized to be available for each such 
fiscal year to carry out subsection (a).
    (d) Designation of Fund.--Amounts made available under subsection 
(c) may be referred to as the ``Key Verification Assets Fund''.

SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND COMPLIANCE.

    (a) Designation of Position.--The Secretary of State shall designate 
one of the Assistant Secretaries of State authorized by section 1(c)(1) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2651a(c)(1)) as the Assistant Secretary of State for Verification and 
Compliance. The Assistant Secretary shall report to the Under Secretary 
of State for Arms Control and International Security.
    (b) Directive Governing the Assistant Secretary of State.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of State shall issue a 
        directive governing the position of the Assistant Secretary.
            (2) Elements of the directive.--The directive issued under 
        paragraph (1) shall set forth, consistent with this section--
                    (A) the duties of the Assistant Secretary;
                    (B) the relationships between the Assistant 
                Secretary and other officials of the Department of 
                State;
                    (C) any delegation of authority from the Secretary 
                of State to the Assistant Secretary; and
                    (D) such matters as the Secretary considers 
                appropriate.

    (c) Duties.--
            (1) In general.--The Assistant Secretary shall have as his 
        principal responsibility the overall supervision (including 
        oversight of policy and resources) within the Department of 
        State of all matters relating to verification and compliance 
        with international arms control, nonproliferation, and 
        disarmament agreements or commitments.
            (2) Participation of the assistant secretary.--

[[Page 113 STAT. 1501A-487]]

                    (A) Primary role.--Except as provided in 
                subparagraphs (B) and (C), the Assistant Secretary, or 
                his designee, shall participate in all interagency 
                groups or organizations within the executive branch of 
                Government that assess, analyze, or review United States 
                planned or ongoing policies, programs, or actions that 
                have a direct bearing on verification or compliance 
                matters, including interagency intelligence committees 
                concerned with the development or exploitation of 
                measurement or signals intelligence or other national 
                technical means of verification.
                    (B) Requirement for designation.--Subparagraph (A) 
                shall not apply to groups or organizations on which the 
                Secretary of State or the Undersecretary of State for 
                Arms Control and International Security sits, unless 
                such official designates the Assistant Secretary to 
                attend in his stead.
                    (C) National security limitation.--
                          (i) Waiver by president.--The President may 
                      waive the provisions of subparagraph (A) if 
                      inclusion of the Assistant Secretary would not be 
                      in the national security interests of the United 
                      States.
                          (ii) Waiver by others.--With respect to an 
                      interagency group or organization, or meeting 
                      thereof, working with exceptionally sensitive 
                      information contained in compartments under the 
                      control of the Director of Central Intelligence, 
                      the Secretary of Defense, or the Secretary of 
                      Energy, such Director or Secretary, as the case 
                      may be, may waive the provision of subparagraph 
                      (A) if inclusion of the Assistant Secretary would 
                      not be in the national security interests of the 
                      United States.
                          (iii) Transmission of waiver to congress.--Any 
                      waiver of participation under clause (i) or (ii) 
                      shall be transmitted in writing to the appropriate 
                      committees of Congress.
            (3) Relationship to the intelligence community.--The 
        Assistant Secretary shall be the principal policy community 
        representative to the intelligence community on verification and 
        compliance matters.
            (4) Reporting responsibilities.--The Assistant Secretary 
        shall have responsibility within the Department of State for--
                    (A) all reports required pursuant to section 306 of 
                the Arms Control and Disarmament Act (22 U.S.C. 2577);
                    (B) so much of the report required under paragraphs 
                (4) through (6) of section 403(a) of the Arms Control 
                and Disarmament Act (22 U.S.C. 2593a(a)(4) through (6)) 
                as relates to verification or compliance matters; and
                    (C) other reports being prepared by the Department 
                of State as of the date of enactment of this Act 
                relating to arms control, nonproliferation, or 
                disarmament verification or compliance matters.

SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.

    (a) Annual Report.--Section 403(a) of the Arms Control and 
Disarmament Act (22 U.S.C. 2593a(a)) is amended--
            (1) in paragraph (4)--

[[Page 113 STAT. 1501A-488]]

                    (A) by inserting ``or commitments, including the 
                Missile Technology Control Regime,'' after 
                ``agreements'' the first time it appears;
                    (B) by inserting ``or commitments'' after 
                ``agreements'' the second time it appears;
                    (C) by inserting ``or commitment'' after 
                ``agreement''; and
                    (D) by striking ``and'' at the end;
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) a specific identification, to the maximum extent 
        practicable in unclassified form, of each and every question 
        that exists with respect to compliance by other countries with 
        arms control, nonproliferation, and disarmament agreements with 
        the United States.''.

    (b) Additional Requirement.--Section 403 of the Arms Control and 
Disarmament Act (22 U.S.C. 2593a) is amended by adding at the end the 
following:
    ``(d) Each report required by this section shall include a 
discussion of each significant issue described in subsection (a)(6) that 
was contained in a previous report issued under this section during 
1995, or after December 31, 1995, until the question or concern has been 
resolved and such resolution has been reported in detail to the 
appropriate committees of Congress (as defined in section 1102(1) of the 
Arms Control, Non-Proliferation, and Security Assistance Act of 
1999).''.

SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Director of Central Intelligence shall submit to the 
appropriate committees of Congress a detailed report in classified form. 
Such report shall include the following:
            (1) A comprehensive identification of all monitoring 
        activities associated with the START Treaty and the START II 
        Treaty.
            (2) The specific intelligence community assets and 
        capabilities, including analytical capabilities, that the Senate 
        was informed, prior to the Senate giving its advice and consent 
        to ratification of the treaties, would be necessary to 
        accomplish those activities.
            (3) An identification of the extent to which those assets 
        and capabilities have, or have not, been attained or retained, 
        and the corresponding effect this has had upon United States 
        monitoring confidence levels.
            (4) An assessment of any Russian activities relating to the 
        START Treaty which have had an impact upon the ability of the 
        United States to monitor Russian adherence to the Treaty.

    (b) Compartmented Annex.--Exceptionally sensitive, compartmented 
information in the report required by this section may be provided in a 
compartmented annex submitted to the Select Committee on Intelligence of 
the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives.

[[Page 113 STAT. 1501A-489]]

SEC. 1115. STANDARDS FOR VERIFICATION.

    (a) Verification of Compliance.--Section 306(a) of the Arms Control 
and Disarmament Act (22 U.S.C. 2577(a)) is amended in the matter 
preceding paragraph (1) by striking ``adequately''.
    (b) Assessments Upon Request.--Section 306 of the Arms Control and 
Disarmament Act (22 U.S.C. 2577) is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following:

    ``(b) Assessments Upon Request.--Upon the request of the chairman or 
ranking minority member of the Committee on Foreign Relations of the 
Senate or the Committee on International Relations of the House of 
Representatives, in case of an arms control, nonproliferation, or 
disarmament proposal presented to a foreign country by the United States 
or presented to the United States by a foreign country, the Secretary of 
State shall submit a report to the Committee on the degree to which 
elements of the proposal are capable of being verified.''.

SEC. 1116. CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.

    The United States Government shall, to the maximum extent 
practicable, make available to the public in real time, or as quickly as 
possible, all raw seismological data provided to the United States 
Government by any international organization that is directly 
responsible for seismological monitoring.

SEC. 1117. PROTECTION OF UNITED STATES COMPANIES.

    (a) Reimbursement.--During the 2-year period beginning on the date 
of the enactment of this Act, the United States National Authority (as 
designated pursuant to section 101 of the Chemical Weapons Convention 
Implementation Act of 1998 (as contained in division I of Public Law 
105-277)) shall, upon request of the Director of the Federal Bureau of 
Investigation, reimburse the Federal Bureau of Investigation for all 
costs incurred by the Bureau for such period in connection with 
implementation of section 303(b)(2)(A) of that Act, except that such 
reimbursement may not exceed $2,000,000 for such 2-year period.
    (b) Report.--Not later than 180 days prior to the expiration of the 
2-year period described in subsection (a), the Director of the Federal 
Bureau of Investigation shall prepare and submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on how activities 
under section 303(b)(2)(A) of the Chemical Weapons Convention 
Implementation Act of 1998 will be fully funded and implemented by the 
Federal Bureau of Investigation notwithstanding the expiration of the 2-
year period described in subsection (a).

SEC. 1118. REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.

    Whenever a United States delegation engaging in negotiations on arms 
control, nonproliferation, or disarmament submits to the Secretary of 
State a summary of the activities of the delegation or the status of 
those negotiations, a copy of each such summary shall be further 
transmitted by the Secretary of State to the Committee on Foreign 
Relations of the Senate and to the Committee on International Relations 
of the House of Representatives promptly.

[[Page 113 STAT. 1501A-490]]

    CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS

SEC. 1121. SHORT TITLE.

    This chapter may be cited as the ``National Security and Corporate 
Fairness under the Biological Weapons Convention Act''.

SEC. 1122. DEFINITIONS.

    In this chapter:
            (1) Biological weapons convention.--The term ``Biological 
        Weapons Convention'' means the 1972 Convention on the 
        Prohibition of the Development, Production and Stockpiling of 
        Bacteriological (Biological) and Toxin Weapons and on their 
        Destruction.
            (2) Compliance protocol.--The term ``compliance protocol'' 
        means that segment of a bilateral or multilateral agreement that 
        enables investigation of questions of compliance entailing 
        written data or visits to facilities to monitor compliance.

    (3) Industry.--The term ``industry'' means any corporate or private 
sector entity engaged in the research, development, production, import, 
and export of peaceful pharmaceuticals and bio-technological and related 
products.

SEC. 1123. FINDINGS.

    Congress makes the following findings:
            (1) The threat of biological weapons and their proliferation 
        is one of the greatest national security threats facing the 
        United States.
            (2) The threat of biological weapons and materials 
        represents a serious and increasing danger to people around the 
        world.
            (3) Biological weapons are relatively inexpensive to 
        produce, can be made with readily available expertise and 
        equipment, do not require much space to make and can therefore 
        be readily concealed, do not require unusual raw materials or 
        materials not readily available for legitimate purposes, do not 
        require the maintenance of stockpiles, or can be delivered with 
        low-technology mechanisms, and can effect widespread casualties 
        even in small quantities.
            (4) Unlike other weapons of mass destruction, biological 
        materials capable of use as weapons can occur naturally in the 
        environment and are also used for medicinal or other beneficial 
        purposes.
            (5) Biological weapons are morally reprehensible, prompting 
        the United States Government to halt its offensive biological 
        weapons program in 1969, subsequently destroy its entire 
        biological weapons arsenal, and maintain henceforth only a 
        robust defensive capacity.
            (6) The Senate gave its advice and consent to ratification 
        of the Biological Weapons Convention in 1974.
            (7) The Director of the Arms Control and Disarmament Agency 
        explained, at the time of the Senate's consideration of the 
        Biological Weapons Convention, that the treaty contained no 
        verification provisions because verification would be 
        ``difficult''.

[[Page 113 STAT. 1501A-491]]

            (8) A compliance protocol has now been proposed to 
        strengthen the 1972 Biological Weapons Convention.
            (9) The resources needed to produce, stockpile, and store 
        biological weapons are the same as those used in peaceful 
        industry facilities to discover, develop, and produce medicines.
            (10) The raw materials of biological agents are difficult to 
        use as an indicator of an offensive military program because the 
        same materials occur in nature or can be used to produce a wide 
        variety of products.
            (11) Some biological products are genetically manipulated to 
        develop new commercial products, optimizing production and 
        ensuring the integrity of the product, making it difficult to 
        distinguish between legitimate commercial activities and 
        offensive military activities.
            (12) Only a small culture of a biological agent and some 
        growth medium are needed to produce a large amount of biological 
        agents with the potential for offensive purposes.
            (13) The United States pharmaceutical and biotechnology 
        industries are a national asset and resource that contribute to 
        the health and well-being of the American public as well as 
        citizens around the world.
            (14) One bacterium strain can represent a large proportion 
        of a company's investment in a pharmaceutical product and thus 
        its potential loss during an arms control monitoring activity 
        could conceivably be worth billions of dollars.
            (15) Biological products contain proprietary genetic 
        information.
            (16) The proposed compliance regime for the Biological 
        Weapons Convention entails new data reporting and investigation 
        requirements for industry.
            (17) A compliance regime which contributes to the control of 
        biological weapons and materials must have a reasonable chance 
        of success in reducing the risk of production, stockpiling, or 
        use of biological weapons while protecting the reputations, 
        intellectual property, and confidential business information of 
        legitimate companies.

SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

    (a) National Security Trial Investigations and Trial Visits.--The 
President shall conduct a series of national security trial 
investigations and trial visits, both during and following negotiations 
to develop a compliance protocol to the Biological Weapons Convention, 
with the objective of ensuring that the compliance procedures of the 
protocol are effective and adequately protect the national security of 
the United States. These trial investigations and trial visits shall be 
conducted at such sites as United States Government facilities, 
installations, and national laboratories.
    (b) United States Industry Trial Investigations and Trial Visits.--
The President shall take all appropriate steps to conduct or sponsor a 
series of United States industry trial investigations and trial visits, 
both during and following negotiations to develop a compliance protocol 
to the Biological Weapons Convention, with the objective of ensuring 
that the compliance procedures of the protocol are effective and 
adequately protect the national security and the concerns of affected 
United States industries and research institutions. These trial 
investigations and trial visits shall be conducted at such sites as 
academic institutions, vaccine production

[[Page 113 STAT. 1501A-492]]

facilities, and pharmaceutical and biotechnology firms in the United 
States.
    (c) Participation by Defense Department and Other Appropriate 
Personnel.--The Secretary of Defense and, as appropriate, the Director 
of the Federal Bureau of Investigation shall make available specialized 
personnel to participate--
            (1) in each trial investigation or trial visit conducted 
        pursuant to subsection (a); and
            (2) in each trial investigation or trial visit conducted 
        pursuant to subsection (b), except for any investigation or 
        visit in which the host facility requests that such personnel 
        not participate,

for the purpose of assessing the information security implications of 
such investigation or visit. The Secretary of Defense, in coordination 
with the Director of the Federal Bureau of Investigation, shall add to 
the report required by subsection (d)(2) a classified annex containing 
an assessment of the risk to proprietary and classified information 
posed by any investigation or visit procedures in the compliance 
protocol.
    (d) Study.--
            (1) In general.--The President shall conduct a study on the 
        need for investigations and visits under the compliance protocol 
        to the Biological Weapons Convention, including--
                    (A) an assessment of risks to national security and 
                United States industry and research institutions of such 
                on-site activities; and
                    (B) an assessment of the monitoring results that can 
                be expected from such investigations and visits.
            (2) Report.--Not later than the date on which a compliance 
        protocol to the Biological Weapons Convention is submitted to 
        the Senate for its advice and consent to ratification, the 
        President shall submit to the Committee on Foreign Relations of 
        the Senate a report, in both unclassified and classified form, 
        setting forth--
                    (A) the findings of the study conducted pursuant to 
                paragraph (1); and
                    (B) the results of trial investigations and trial 
                visits conducted pursuant to subsections (a) and (b).

    Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.

    Section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22 
U.S.C. 3282(c)) is amended to read as follows:
    ``(c)(1) The Department of State, the Department of Defense, the 
Department of Commerce, the Department of Energy, the Commission, and, 
with regard to subparagraph (B), the Director of Central Intelligence, 
shall keep the Committees on Foreign Relations and Governmental Affairs 
of the Senate and the Committee on International Relations of the House 
of Representatives fully and currently informed with respect to--
            ``(A) their activities to carry out the purposes and 
        policies of this Act and to otherwise prevent proliferation, 
        including

[[Page 113 STAT. 1501A-493]]

        the proliferation of nuclear, chemical, or biological weapons, 
        or their means of delivery; and
            ``(B) the current activities of foreign nations which are of 
        significance from the proliferation standpoint.

    ``(2) For the purposes of this subsection with respect to paragraph 
(1)(B), the phrase `fully and currently informed' means the transmittal 
of credible information not later than 60 days after becoming aware of 
the activity concerned.''.

SEC. 1132. EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.

    (a) Prohibition.--Except as provided in subsection (b), no 
assistance may be provided by the United States Government to any person 
who is involved in the research, development, design, testing, or 
evaluation of chemical or biological weapons for offensive purposes.
    (b) Exception.--The prohibition contained in subsection (a) shall 
not apply to any activity conducted pursuant to title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.).

SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.

    (a) Report on Reduction of the Stockpile.--Not later than 120 days 
after signing an agreement between the United States and Russia for the 
disposition of excess weapons plutonium, the Secretary of Energy, with 
the concurrence of the Secretary of Defense, shall submit to the 
Committee on Foreign Relations and the Committee on Armed Services of 
the Senate and to the Committee on International Relations and the 
Committee on Armed Services of the House of Representatives a report--
            (1) detailing plans for United States implementation of such 
        agreement;
            (2) identifying, in classified form, the number of United 
        States warhead ``pits'' of each type deemed ``excess'' for the 
        purpose of dismantlement or disposition; and
            (3) describing any implications this may have for the 
        Stockpile Stewardship and Management Program.

    (b) Submission of the Fabrication Facility Agreement Pursuant To 
Law.--Whenever the President submits to Congress the agreement to 
establish a mixed oxide fuel fabrication or production facility in 
Russia pursuant to section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153), it is the sense of the Congress that the Secretary of 
State should be prepared to certify to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House Representatives that--
            (1) arrangements for the establishment of that facility will 
        further United States nuclear nonproliferation objectives and 
        will outweigh the proliferation risks inherent in the use of 
        mixed oxide fuel elements;
            (2) a guaranty has been given by Russia that no fuel 
        elements produced, fabricated, reprocessed, or assembled at such 
        facility, and no sensitive nuclear technology related to such 
        facility, will be exported or supplied by Russia to any country 
        in the event that the United States objects to such export or 
        supply; and
            (3) a guaranty has been given by Russia that the facility 
        and all nuclear materials and equipment therein, and any fuel 
        elements or special nuclear material produced, fabricated,

[[Page 113 STAT. 1501A-494]]

        reprocessed, or assembled at that facility, including fuel 
        elements exported or supplied by Russia to a third party, will 
        be subject to international monitoring and transparency 
        sufficient to ensure that special nuclear material is not 
        diverted.

    (c) Definitions.--
            (1) Produced.--The terms ``produce'' and ``produced'' have 
        the same meaning that such terms are given under section 11 u. 
        of the Atomic Energy Act of 1954.
            (2) Production facility.--The term ``production facility'' 
        has the same meaning that such term is given under section 11 v. 
        of the Atomic Energy Act of 1954.
            (3) Special nuclear material.--The term ``special nuclear 
        material'' has the meaning that such term is given under section 
        11 aa. of the Atomic Energy Act of 1954.

SEC. 1134. PROVISION OF CERTAIN INFORMATION TO CONGRESS.

    (a) Requirement to Provide Information.--The head of each department 
and agency described in section 602(c) of the Nuclear Non-Proliferation 
Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to 
the chairman and ranking minority member of the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives in meeting the requirements of subsection 
(c) or (d) of section 602 of such Act.
    (b) Issuance of Directives.--Not later than February 1, 2000, the 
Secretary of State, the Secretary of Defense, the Secretary of Commerce, 
the Secretary of Energy, the Director of Central Intelligence, and the 
Chairman of the Nuclear Regulatory Commission shall issue directives, 
which shall provide access to information, including information 
contained in special access programs, to implement their 
responsibilities under subsections (c) and (d) of section 602 of the 
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)). 
Copies of such directives shall be forwarded promptly to the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives upon the issuance of the 
directives.

SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.

    Section 1523 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180; 42 U.S.C. 
2155 note) is amended--
            (1) by striking ``Congress'' and inserting ``the Committee 
        on Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives''; and
            (2) by adding at the end the following:

    ``(c) Content of Notification.--The notification required pursuant 
to this section shall include--
            ``(1) a detailed description of the articles or services to 
        be exported or reexported, including a brief description of the 
        capabilities of any article to be exported or reexported;
            ``(2) an estimate of the number of officers and employees of 
        the United States Government and of United States Government 
        civilian contract personnel expected to be required in such 
        country to carry out the proposed export or reexport;
            ``(3) the name of each licensee expected to provide the 
        article or service proposed to be sold and a description from 
        the licensee of any offset agreements proposed to be entered

[[Page 113 STAT. 1501A-495]]

        into in connection with such sale (if known on the date of 
        transmittal of such statement);
            ``(4) the projected delivery dates of the articles or 
        services to be exported or reexported; and
            ``(5) the extent to which the recipient country in the 
        previous two years has engaged in any of the actions specified 
        in subparagraph (A), (B), or (C) of section 129(2) of the Atomic 
        Energy Act of 1954.

SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.

    (a) Clarification of Requirement for Control.--Section 74 of the 
Arms Export Control Act (22 U.S.C. 2797c) is amended--
            (1) by inserting ``(a) In General.--'' before ``For purposes 
        of''; and
            (2) by adding at the end the following:

    ``(b) International Understanding Defined.--For purposes of 
subsection (a)(3), as it relates to any international understanding 
concluded with the United States after January 1, 2000, the term 
`international understanding' means--
            ``(1) any specific agreement by a country not to export, 
        transfer, or otherwise engage in the trade of any MTCR equipment 
        or technology that contributes to the acquisition, design, 
        development, or production of missiles in a country that is not 
        an MTCR adherent and would be, if it were United States-origin 
        equipment or technology, subject to the jurisdiction of the 
        United States under this Act; or
            ``(2) any specific understanding by a country that, 
        notwithstanding section 73(b) of this Act, the United States 
        retains the right to take the actions under section 73(a)(2) of 
        this Act in the case of any export or transfer of any MTCR 
        equipment or technology that contributes to the acquisition, 
        design, development, or production of missiles in a country that 
        is not an MTCR adherent and would be, if it were United States-
        origin equipment or technology, subject to the jurisdiction of 
        the United States under this Act.''.

    (b) Clarification of Applicability.--Section 73(b) of the Arms 
Export Control Act (22 U.S.C. 2797b(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively, and moving such subparagraphs 2 ems 
        to the right;
            (2) by striking ``Subsection (a)'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), 
        subsection (a)''; and
            (3) by adding at the end the following:
            ``(2) Limitation.--Notwithstanding paragraph (1), subsection 
        (a) shall apply to an entity subordinate to a government that 
        engages in exports or transfers described in section 
        498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2295a(b)(3)(A)).''.

    (c) Enforcement Actions.--Section 73(c) of the Arms Export Control 
Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at 
the end the following: ``, and if the President certifies to the 
Committee on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives that--

[[Page 113 STAT. 1501A-496]]

            ``(1) for any judicial or other enforcement action taken by 
        the MTCR adherent, such action has--
                    ``(A) been comprehensive; and
                    ``(B) been performed to the satisfaction of the 
                United States; and
            ``(2) with respect to any finding of innocence of 
        wrongdoing, the United States is satisfied with the basis for 
        such finding''.

    (d) Policy Report.--Section 73A of the Arms Export Control Act (22 
U.S.C. 2797b-1) is amended--
            (1) by striking ``Following any action'' and inserting the 
        following:

    ``(a) Policy Report.--Following any action''; and
            (2) by adding at the end the following:

    ``(b) Intelligence Assessment Report.--At such times that a report 
is transmitted pursuant to subsection (a), the Director of Central 
Intelligence shall promptly prepare and submit to the Congress a 
separate report containing any credible information indicating that the 
country described in subsection (a) has engaged in any activity 
identified under subparagraph (A), (B), or (C) of section 73(a)(1) 
within the previous two years.''.
    (e) MTCR Defined.--The term ``MTCR'' means the Missile Technology 
Control Regime, as defined in section 74(a)(2) of the Arms Export 
Control Act (22 U.S.C. 2797c(a)(2)).

SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.

    Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.) is 
amended by inserting after section 73A the following new section:

``SEC. 73B. AUTHORITY RELATING TO MTCR ADHERENTS.

    ``Notwithstanding section 73(b), the President may take the actions 
under section 73(a)(2) under the circumstances described in section 
74(b)(2).''.

SEC. 1138. TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE 
            FORMER SOVIET UNION.

    (a) Authorization.--For fiscal year 2001 and subsequent fiscal 
years, funds made available under ``Nonproliferation, Antiterrorism, 
Demining, and Related Programs'' accounts in annual foreign operations 
appropriations Acts are authorized to be available for science and 
technology centers in the independent states of the former Soviet Union 
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 
5901 et seq.), including the use of those and other funds by any Federal 
agency having expertise and programs related to the activities carried 
out by those centers, including the Departments of Agriculture, 
Commerce, and Health and Human Services and the Environmental Protection 
Agency.
    (b) Availability of Funds.--Amounts made available under any 
provision of law for the activities described in subsection (a) shall be 
available until expended and may be used notwithstanding any other 
provision of law.

SEC. 1139. RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND TECHNOLOGY 
            CENTERS.

    (a) In General.--Support for science and technology centers in the 
independent states of the former Soviet Union, as authorized

[[Page 113 STAT. 1501A-497]]

by section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) 
and section 1412(b) of the Former Soviet Union Demilitarization Act of 
1992 (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is 
authorized for activities described in subsection (b) to support the 
redirection of former Soviet weapons scientists, especially those with 
expertise in weapons of mass destruction (nuclear, radiological, 
chemical, biological), missile and other delivery systems, and other 
advanced technologies with military applications.
    (b) Activities Supported.--Activities supported under subsection (a) 
include--
            (1) any research activity involving the participation of 
        former Soviet weapons scientists and civilian scientists and 
        engineers, if the participation of the weapons scientists 
        predominates; and
            (2) any program of international exchanges that would 
        provide former Soviet weapons scientists exposure to, and the 
        opportunity to develop relations with, research and industry 
        partners.

                     TITLE XII--SECURITY ASSISTANCE

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Security Assistance Act of 1999''.

            Subtitle A--Transfers of Excess Defense Articles

SEC. 1211. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN 
            COUNTRIES.

    (a) Transportation and Related Costs.--Section 105 of Public Law 
104-164 (110 Stat. 1427) is amended by striking ``1999 and 2000'' and 
inserting ``2000 and 2001''.
    (b) Excess Defense Articles for Greece and Turkey.--Section 
516(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)) 
is amended by inserting after ``four-year period beginning on October 1, 
1996,'' the following: ``and thereafter for the four-period beginning on 
October 1, 2000,''.

SEC. 1212. EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES.

    (a) Uses For Which Funds Are Available.--Notwithstanding section 
516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), 
during each of the fiscal years 2000 and 2001, funds available to the 
Department of Defense may be expended for crating, packing, handling, 
and transportation of excess defense articles transferred under the 
authority of section 516 of that Act to Estonia, Georgia, Hungary, 
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia, 
Ukraine, and Uzbekistan.
    (b) Content of Congressional Notification.--Each notification 
required to be submitted under section 516(f) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of 
a defense article described in subsection (a) shall

[[Page 113 STAT. 1501A-498]]

include an estimate of the amount of funds to be expended under 
subsection (a) with respect to that transfer.

SEC. 1213. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE 
            ARTICLES.

    Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(g)(1)) is amended by striking ``$350,000,000'' and inserting 
``$425,000,000''.

             Subtitle B--Foreign Military Sales Authorities

SEC. 1221. TERMINATION OF FOREIGN MILITARY TRAINING.

    Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367) 
is amended by adding at the end the following new sentence: ``Such 
expenses for orderly termination of programs under the Arms Export 
Control Act may include the obligation and expenditure of funds to 
complete the training or studies outside the countries of origin of 
students whose course of study or training program began before 
assistance was terminated, as long as the origin country's termination 
was not a result of activities beyond default of financial 
responsibilities.''.

SEC. 1222. SALES OF EXCESS COAST GUARD PROPERTY.

    Section 21(a)(1) of the Arms Export Control Act (22 U.S.C. 
2761(a)(1)) is amended in the matter preceding subparagraph (A) by 
inserting ``and the Coast Guard'' after ``Department of Defense''.

SEC. 1223. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES.

    Section 22(d) of the Arms Export Control Act (22 U.S.C. 2762(d)) is 
amended--
            (1) by striking ``Procurement contracts'' and inserting 
        ``(1) Procurement contracts''; and
            (2) by adding at the end the following:

    ``(2) Direct costs associated with meeting additional or unique 
requirements of the purchaser shall be allowable under contracts 
described in paragraph (1). Loadings applicable to such direct costs 
shall be permitted at the same rates applicable to procurement of like 
items purchased by the Department of Defense for its own use.''.

SEC. 1224. NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES.

    Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is 
amended by adding at the end the following new paragraph:
    ``(4) The provisions of subsection (b)(5) shall apply to any 
equipment, article, or service for which a numbered certification has 
been transmitted to Congress pursuant to paragraph (1) in the same 
manner and to the same extent as that subsection applies to any 
equipment, article, or service for which a numbered certification has 
been transmitted to Congress pursuant to subsection (b)(1). For purposes 
of such application, any reference in subsection (b)(5) to `a letter of 
offer' or `an offer' shall be deemed to be a reference to `a 
contract'.''.

[[Page 113 STAT. 1501A-499]]

SEC. 1225. UNAUTHORIZED USE OF DEFENSE ARTICLES.

    Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended 
by adding at the end the following new subsection:
    ``(g) Any agreement for the sale or lease of any article on the 
United States Munitions List entered into by the United States 
Government after the date of enactment of this subsection shall state 
that the United States Government retains the right to verify credible 
reports that such article has been used for a purpose not authorized 
under section 4 or, if such agreement provides that such article may 
only be used for purposes more limited than those authorized under 
section 4, for a purpose not authorized under such agreement.''.

    Subtitle C--Stockpiling of Defense Articles for Foreign Countries

SEC. 1231. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

    Paragraph (2) of section 514(b) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
    ``(2)(A) The value of such additions to stockpiles of defense 
articles in foreign countries shall not exceed $60,000,000 for fiscal 
year 2000.
    ``(B) Of the amount specified in subparagraph (A), not more than 
$40,000,000 may be made available for stockpiles in the Republic of 
Korea and not more than $20,000,000 may be made available for stockpiles 
in Thailand.''.

SEC. 1232. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN 
            THE WAR RESERVES STOCKPILE FOR ALLIES.

    (a) Items in the Korean Stockpile.--
            (1) In general.--Notwithstanding section 514 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321h), the President is 
        authorized to transfer to the Republic of Korea, in return for 
        concessions to be negotiated by the Secretary of Defense, with 
        the concurrence of the Secretary of State, any or all of the 
        items described in paragraph (2).
            (2) Covered items.--The items referred to in paragraph (1) 
        are munitions, equipment, and material such as tanks, trucks, 
        artillery, mortars, general purpose bombs, repair parts, 
        ammunition, barrier material, and ancillary equipment, if such 
        items are--
                    (A) obsolete or surplus items;
                    (B) in the inventory of the Department of Defense;
                    (C) intended for use as reserve stocks for the 
                Republic of Korea; and
                    (D) as of the date of the enactment of this Act, 
                located in a stockpile in the Republic of Korea.

    (b) Items in the Thailand Stockpile.--
            (1) In general.--Notwithstanding section 514 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321h), the President is 
        authorized to transfer to Thailand, in return for concessions to 
        be negotiated by the Secretary of Defense, with the concurrence 
        of the Secretary of State, any or all of the items described in 
        paragraph (2).

[[Page 113 STAT. 1501A-500]]

            (2) Covered items.--The items referred to in paragraph (1) 
        are munitions, equipment, and material such as tanks, trucks, 
        artillery, mortars, general purpose bombs, repair parts, 
        ammunition, barrier material, and ancillary equipment, if such 
        items are--
                    (A) obsolete or surplus items;
                    (B) in the inventory of the Department of Defense;
                    (C) intended for use as reserve stocks for Thailand; 
                and
                    (D) as of the date of the enactment of this Act, 
                located in a stockpile in Thailand.

    (c) Valuation of Concessions.--The value of concessions negotiated 
pursuant to subsections (a) and (b) shall be at least equal to the fair 
market value of the items transferred. The concessions may include cash 
compensation, services, waiver of charges otherwise payable by the 
United States, and other items of value.
    (d) Prior Notifications of Proposed Transfers.--Not less than 30 
days before making a transfer under the authority of this section, the 
President shall transmit to the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the House of 
Representatives a detailed notification of the proposed transfer, which 
shall include an identification of the items to be transferred and the 
concessions to be received.
    (e) Termination of Authority.--No transfer may be made under the 
authority of this section more than 3 years after the date of the 
enactment of this Act.

                 Subtitle D--Defense Offsets Disclosure

SEC. 1241. SHORT TITLE.

    This subtitle may be cited as the ``Defense Offsets Disclosure Act 
of 1999''.

SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) A fair business environment is necessary to advance 
        international trade, economic stability, and development 
        worldwide, is beneficial for American workers and businesses, 
        and is in the United States national interest.
            (2) In some cases, mandated offset requirements can cause 
        economic distortions in international defense trade and 
        undermine fairness and competitiveness, and may cause particular 
        harm to small- and medium-sized businesses.
            (3) The use of offsets may lead to increasing dependence on 
        foreign suppliers for the production of United States weapons 
        systems.
            (4) The offset demands required by some purchasing 
        countries, including some close allies of the United States, 
        equal or exceed the value of the base contract they are intended 
        to offset, mitigating much of the potential economic benefit of 
        the exports.
            (5) Offset demands often unduly distort the prices of 
        defense contracts.
            (6) In some cases, United States contractors are required to 
        provide indirect offsets which can negatively impact nondefense 
        industrial sectors.

[[Page 113 STAT. 1501A-501]]

            (7) Unilateral efforts by the United States to prohibit 
        offsets may be impractical in the current era of globalization 
        and would severely hinder the competitiveness of the United 
        States defense industry in the global market.
            (8) The development of global standards to manage and 
        restrict demands for offsets would enhance United States efforts 
        to mitigate the negative impact of offsets.

    (b) Declaration of Policy.--It is the policy of the United States to 
monitor the use of offsets in international defense trade, to promote 
fairness in such trade, and to ensure that foreign participation in the 
production of United States weapons systems does not harm the economy of 
the United States.

SEC. 1243. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on International Relations of the 
                House of Representatives.
            (2) G-8.--The term ``G-8'' means the group consisting of 
        France, Germany, Japan, the United Kingdom, the United States, 
        Canada, Italy, and Russia established to facilitate economic 
        cooperation among the eight major economic powers.
            (3) Offset.--The term ``offset'' means the entire range of 
        industrial and commercial benefits provided to foreign 
        governments as an inducement or condition to purchase military 
        goods or services, including benefits such as coproduction, 
        licensed production, subcontracting, technology transfer, in-
        country procurement, marketing and financial assistance, and 
        joint ventures.
            (4) Transatlantic economic partnership.--The term 
        ``Transatlantic Economic Partnership'' means the joint 
        commitment made by the United States and the European Union to 
        reinforce their close relationship through an initiative 
        involving the intensification and extension of multilateral and 
        bilateral cooperation and common actions in the areas of trade 
        and investment.
            (5) Wassenaar arrangement.--The term ``Wassenaar 
        Arrangement'' means the multilateral export control regime in 
        which the United States participates that seeks to promote 
        transparency and responsibility with regard to transfers of 
        conventional armaments and sensitive dual-use items.
            (6) World trade organization.--The term ``World Trade 
        Organization'' means the organization established pursuant to 
        the WTO Agreement.
            (7) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered into 
        on April 15, 1994.

SEC. 1244. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the executive branch should pursue efforts to address 
        trade fairness by establishing reasonable, business-friendly 
        standards for the use of offsets in international business 
        transactions between the United States and its trading partners 
        and competitors;

[[Page 113 STAT. 1501A-502]]

            (2) the Secretary of Defense, the Secretary of State, the 
        Secretary of Commerce, and the United States Trade 
        Representative, or their designees, should raise with other 
        industrialized nations at every suitable venue the need for 
        transparency and reasonable standards to govern the role of 
        offsets in international defense trade;
            (3) the United States Government should enter into 
        discussions regarding the establishment of multilateral 
        standards for the use of offsets in international defense trade 
        through the appropriate multilateral fora, including such 
        organizations as the Transatlantic Economic Partnership, the 
        Wassenaar Arrangement, the G-8, and the World Trade 
        Organization; and
            (4) the United States Government, in entering into the 
        discussions described in paragraph (3), should take into account 
        the distortions produced by the provision of other benefits and 
        subsidies, such as export financing, by various countries to 
        support defense trade.

SEC. 1245. REPORTING OF OFFSET AGREEMENTS.

    (a) Initial Reporting of Offset Agreements.--
            (1) Government-to-government sales.--Section 36(b)(1) of the 
        Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in 
        subparagraph (C) of the fifth sentence, by striking ``and a 
        description'' and all that follows and inserting ``and a 
        description of any offset agreement with respect to such 
        sale;''.
            (2) Commercial sales.--Section 36(c)(1) of the Arms Export 
        Control Act (22 U.S.C. 2776(c)(1)) is amended in the second 
        sentence, by striking ``(if known on the date of transmittal of 
        such certification)'' and inserting ``and a description of any 
        such offset agreement''.

    (b) Confidentiality of Information Relating to Offset Agreements.--
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--
            (1) by redesignating the second subsection (e) (as added by 
        section 155 of Public Law 104-164) as subsection (f); and
            (2) by adding at the end the following new subsection:

    ``(g) Information relating to offset agreements provided pursuant to 
subparagraph (C) of the fifth sentence of subsection (b)(1) and the 
second sentence of subsection (c)(1) shall be treated as confidential 
information in accordance with section 12(c) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2411(c)).''.

SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.

    (a) In General.--Section 39A(a) of the Arms Export Control Act (22 
U.S.C. 2779a(a)) is amended--
            (1) by inserting ``or licensed'' after ``sold''; and
            (2) by inserting ``or export'' after ``sale''.

    (b) Definition of United States Person.--Section 39A(d)(3)(B)(ii) of 
the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by 
inserting ``or by an entity described in clause (i)'' after 
``subparagraph (A)''.

SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

    (a) In General.--There is established a National Commission on the 
Use of Offsets in Defense Trade (in this section referred

[[Page 113 STAT. 1501A-503]]

to as the ``Commission'') to address all aspects of the use of offsets 
in international defense trade.
    (b) Commission Membership.--Not later than 120 days after the date 
of enactment of this Act, the President, with the concurrence of the 
Majority and Minority Leaders of the Senate and the Speaker and Minority 
Leader of the House of Representatives, shall appoint 11 individuals to 
serve as members of the Commission. Commission membership shall 
include--
            (1) representatives from the private sector, including--
                    (A) one each from--
                          (i) a labor organization,
                          (ii) a United States defense manufacturing 
                      company dependent on foreign sales,
                          (iii) a United States company dependent on 
                      foreign sales that is not a defense manufacturer, 
                      and
                          (iv) a United States company that specializes 
                      in international investment, and
                    (B) two members from academia with widely recognized 
                expertise in international economics; and
            (2) five members from the executive branch, including a 
        member from--
                    (A) the Office of Management and Budget,
                    (B) the Department of Commerce,
                    (C) the Department of Defense,
                    (D) the Department of State, and
                    (E) the Department of Labor.

The member designated from the Office of Management and Budget shall 
serve as Chairperson of the Commission. The President shall ensure that 
the Commission is nonpartisan and that the full range of perspectives on 
the subject of offsets in the defense industry is adequately 
represented.
    (c) Duties.--The Commission shall be responsible for reviewing and 
reporting on--
          (1) the full range of current practices by foreign governments 
        in requiring offsets in purchasing agreements and the extent and 
        nature of offsets offered by United States and foreign defense 
        industry contractors;
            (2) the impact of the use of offsets on defense 
        subcontractors and nondefense industrial sectors affected by 
        indirect offsets; and
            (3) the role of offsets, both direct and indirect, on 
        domestic industry stability, United States trade competitiveness 
        and national security.

    (d) Commission Report.--Not later than 12 months after the 
Commission is established, the Commission shall submit a report to the 
appropriate congressional committees. In addition to the items described 
under subsection (c), the report shall include--
            (1) an analysis of--
                    (A) the collateral impact of offsets on industry 
                sectors that may be different than those of the 
                contractor providing the offsets, including estimates of 
                contracts and jobs lost as well as an assessment of 
                damage to industrial sectors;
                    (B) the role of offsets with respect to 
                competitiveness of the United States defense industry in 
                international trade and the potential damage to the 
                ability of United States contractors to compete if 
                offsets were prohibited or limited; and

[[Page 113 STAT. 1501A-504]]

                    (C) the impact on United States national security, 
                and upon United States nonproliferation objectives, of 
                the use of coproduction, subcontracting, and technology 
                transfer with foreign governments or companies that 
                results from fulfilling offset requirements, with 
                particular emphasis on the question of dependency upon 
                foreign nations for the supply of critical components or 
                technology;
            (2) proposals for unilateral, bilateral, or multilateral 
        measures aimed at reducing any detrimental effects of offsets; 
        and
            (3) an identification of the appropriate executive branch 
        agencies to be responsible for monitoring the use of offsets in 
        international defense trade.

    (e) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (f) Initial Meeting.--Not later than 30 days after the date on which 
all members of the Commission have been appointed, the Commission shall 
hold its first meeting.
    (g) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (h) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission. All members of the Commission who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairman of the Commission may, 
                without regard to the civil service laws and 
                regulations, appoint and terminate an executive director 
                and such other additional personnel as may be necessary 
                to enable the Commission to perform its duties. The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (B) Compensation.--The Chairman of the Commission 
                may fix the compensation of the executive director and 
                other personnel without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates, except that 
                the rate of pay for the executive director and other 
                personnel may not exceed the rate payable for level V of 
                the Executive Schedule under section 5316 of such title.

[[Page 113 STAT. 1501A-505]]

            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--The 
        Chairman of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.

    (i) Termination.--The Commission shall terminate 30 days after the 
transmission of the report from the President as mandated in section 
1248(b).

SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

    (a) In General.--The President shall initiate a review to determine 
the feasibility of establishing, and the most effective means of 
negotiating, a multilateral treaty on standards for the use of offsets 
in international defense trade, with a goal of limiting all offset 
transactions that are considered injurious to the economy of the United 
States.
    (b) Report Required.--Not later than 90 days after the date on which 
the Commission submits the report required under section 1247(d), the 
President shall submit to the appropriate congressional committees a 
report containing the President's determination pursuant to subsection 
(a), and, if the President determines a multilateral treaty is feasible 
or desirable, a strategy for United States negotiation of such a treaty. 
One year after the date the report is submitted under the preceding 
sentence, and annually thereafter for 5 years, the President shall 
submit to the appropriate congressional committees a report detailing 
the progress toward reaching such a treaty.
    (c) Required Information.--The report required by subsection (b) 
shall include--
            (1) a description of the United States efforts to pursue 
        multilateral negotiations on standards for the use of offsets in 
        international defense trade;
            (2) an evaluation of existing multilateral fora as 
        appropriate venues for establishing such negotiations;
            (3) a description on a country-by-country basis of any 
        United States efforts to engage in negotiations to establish 
        bilateral treaties or agreements with respect to the use of 
        offsets in international defense trade; and
            (4) an evaluation on a country-by-country basis of any 
        foreign government efforts to address the use of offsets in 
        international defense trade.

    (d) Comptroller General Review.--The Comptroller General of the 
United States shall monitor and periodically report to Congress on the 
progress in reaching a multilateral treaty.

   Subtitle E--Automated Export System Relating to Export Information

SEC. 1251. SHORT TITLE.

    This subtitle may be cited as the ``Proliferation Prevention 
Enhancement Act of 1999''.

[[Page 113 STAT. 1501A-506]]

SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING 
            CERTAIN SHIPPERS' EXPORT DECLARATIONS.

    (a) Authority.--Section 301 of title 13, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) The Secretary is authorized to require by regulation the 
filing of Shippers' Export Declarations under this chapter through an 
automated and electronic system for the filing of export information 
established by the Department of the Treasury.''.
    (b) Implementing Regulations.--
            (1) In general.--The Secretary of Commerce, with the 
        concurrence of the Secretary of State, shall publish regulations 
        in the Federal Register to require that, upon the effective date 
        of those regulations, exporters (or their agents) who are 
        required to file Shippers' Export Declarations under chapter 9 
        of title 13, United States Code, file such Declarations through 
        the Automated Export System with respect to exports of items on 
        the United States Munitions List or the Commerce Control List.
            (2) Elements of the regulations.--The regulations referred 
        to in paragraph (1) shall include at a minimum--
                    (A) provision by the Department of Commerce for the 
                establishment of on-line assistance services to be 
                available for those individuals who must use the 
                Automated Export System;
                    (B) provision by the Department of Commerce for 
                ensuring that an individual who is required to use the 
                Automated Export System is able to print out from the 
                System a validated record of the individual's 
                submission, including the date of the submission and a 
                serial number or other unique identifier, where 
                appropriate, for the export transaction; and
                    (C) a requirement that the Department of Commerce 
                print out and maintain on file a paper copy or other 
                acceptable back-up record of the individual's submission 
                at a location selected by the Secretary of Commerce.

    (c) Effective Date.--The amendment made by subsection (a) shall take 
effect 270 days after the Secretary of Commerce, the Secretary of the 
Treasury, and the Director of the National Institute of Standards and 
Technology jointly provide a certification to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives that a secure Automated Export System 
available through the Internet that is capable of handling the expected 
volume of information required to be filed under subsection (b), plus 
the anticipated volume from voluntary use of the Automated Export 
System, has been successfully implemented and tested and is fully 
functional with respect to reporting all items on the United States 
Munitions List, including their quantities and destinations.

SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

    It is the sense of Congress that exporters (or their agents) who are 
required to file Shippers' Export Declarations under chapter 9 of title 
13, United States Code, but who are not required under section 1252(b) 
to file such Declarations using the Automated Export System, should do 
so.

[[Page 113 STAT. 1501A-507]]

SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Commerce, in consultation with the 
Secretary of State, the Secretary of Defense, the Secretary of the 
Treasury, the Secretary of Energy, and the Director of Central 
Intelligence, shall submit a report to the appropriate committees of 
Congress setting forth--
            (1) the advisability and feasibility of mandating electronic 
        filing through the Automated Export System for all Shippers' 
        Export Declarations;
            (2) the manner in which data gathered through the Automated 
        Export System can most effectively be used, consistent with the 
        need to ensure the confidentiality of business information, by 
        other automated licensing systems administered by Federal 
        agencies, including--
                    (A) the Defense Trade Application System of the 
                Department of State;
                    (B) the Export Control Automated Support System of 
                the Department of Commerce;
                    (C) the Foreign Disclosure and Technology 
                Information System of the Department of Defense;
                    (D) the Proliferation Information Network System of 
                the Department of Energy;
                    (E) the Enforcement Communication System of the 
                Department of the Treasury; and
                    (F) the Export Control System of the Central 
                Intelligence Agency; and
            (3) a proposed timetable for any expansion of information 
        required to be filed through the Automated Export System.

    (b) Definition.--In this section, the term ``appropriate committees 
of Congress'' means the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of 
Representatives.

SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.

    Notwithstanding any other provision of law, the Secretary of State 
may use funds appropriated or otherwise made available to the Department 
of State to employ--
            (1) up to 40 percent of the individuals who are performing 
        services within the Office of Defense Trade Controls of the 
        Department of State in positions classified at GS-14 and GS-15 
        on the General Schedule under section 5332 of title 5, United 
        States Code; and
            (2) other individuals within the Office at a rate of basic 
        pay that may exceed the maximum rate payable for positions 
        classified at GS-15 on the General Schedule under section 5332 
        of that title.

SEC. 1256. DEFINITIONS.

    In this subtitle:
            (1) Automated export system.--The term ``Automated Export 
        System'' means the automated and electronic system for filing 
        export information established under chapter 9 of title 13, 
        United States Code, on June 19, 1995 (60 Federal Register 
        32040).

[[Page 113 STAT. 1501A-508]]

            (2) Commerce control list.--The term ``Commerce Control 
        List'' has the meaning given the term in section 774.1 of title 
        15, Code of Federal Regulations.
            (3) Shippers' export declaration.--The term ``Shippers' 
        Export Declaration'' means the export information filed under 
        chapter 9 of title 13, United States Code, as described in part 
        30 of title 15, Code of Federal Regulations.
            (4) United states munitions list.--The term ``United States 
        Munitions List'' means the list of items controlled under 
        section 38 of the Arms Export Control Act (22 U.S.C. 2778).

    Subtitle F--International Arms Sales Code of Conduct Act of 1999

SEC. 1261. SHORT TITLE.

    This subtitle may be cited as the ``International Arms Sales Code of 
Conduct Act of 1999''.

SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

    (a) Negotiations.--The President shall attempt to achieve the 
foreign policy goal of an international arms sales code of conduct. The 
President shall take the necessary steps to begin negotiations within 
appropriate international fora not later than 120 days after the date of 
the enactment of this Act. The purpose of these negotiations shall be to 
establish an international regime to promote global transparency with 
respect to arms transfers, including participation by countries in the 
United Nations Register of Conventional Arms, and to limit, restrict, or 
prohibit arms transfers to countries that do not observe certain 
fundamental values of human liberty, peace, and international stability.
    (b) Criteria.--The President shall consider the following criteria 
in the negotiations referred to in subsection (a):
            (1) Promotes democracy.--The government of the country--
                    (A) was chosen by and permits free and fair 
                elections;
                    (B) promotes civilian control of the military and 
                security forces and has civilian institutions 
                controlling the policy, operation, and spending of all 
                law enforcement and security institutions, as well as 
                the armed forces;
                    (C) promotes the rule of law and provides its 
                nationals the same rights that they would be afforded 
                under the United States Constitution if they were United 
                States citizens; and
                    (D) promotes the strengthening of political, 
                legislative, and civil institutions of democracy, as 
                well as autonomous institutions to monitor the conduct 
                of public officials and to combat corruption.
            (2) Respects human rights.--The government of the country--
                    (A) does not persistently engage in gross violations 
                of internationally recognized human rights, including--
                          (i) extrajudicial or arbitrary executions;
                          (ii) disappearances;
                          (iii) torture or severe mistreatment;
                          (iv) prolonged arbitrary imprisonment;

[[Page 113 STAT. 1501A-509]]

                          (v) systematic official discrimination on the 
                      basis of race, ethnicity, religion, gender, 
                      national origin, or political affiliation; and
                          (vi) grave breaches of international laws of 
                      war or equivalent violations of the laws of war in 
                      internal armed conflicts;
                    (B) vigorously investigates, disciplines, and 
                prosecutes those responsible for gross violations of 
                internationally recognized human rights;
                    (C) permits access on a regular basis to political 
                prisoners by international humanitarian organizations;
                    (D) promotes the independence of the judiciary and 
                other official bodies that oversee the protection of 
                human rights;
                    (E) does not impede the free functioning of domestic 
                and international human rights organizations; and
                    (F) provides access on a regular basis to 
                humanitarian organizations in situations of conflict or 
                famine.
            (3) Not engaged in certain acts of armed aggression.--The 
        government of the country is not engaged in acts of armed 
        aggression in violation of international law.
            (4) Not supporting terrorism.--The government of the country 
        does not provide support for international terrorism.
            (5) Not contributing to proliferation of weapons of mass 
        destruction.--The government of the country does not contribute 
        to the proliferation of weapons of mass destruction.
            (6) Regional location of country.--The country is not 
        located in a region in which arms transfers would exacerbate 
        regional arms races or international tensions that present a 
        danger to international peace and stability.

    (c) Reports to Congress.--
            (1) Report relating to negotiations.--Not later than 6 
        months after the commencement of the negotiations under 
        subsection (a), and not later than the end of every 6-month 
        period thereafter until an agreement described in subsection (a) 
        is concluded, the President shall report to the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate on the progress 
        made during these negotiations.
            (2) Human rights reports.--In the report required in 
        sections 116(d) and 502B(b) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151n(b) and 2304(b)), the Secretary of State 
        shall describe the extent to which the practices of each country 
        evaluated meet the criteria in paragraphs (1)(A) and (2) of 
        subsection (a).

   Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

    (a) Inapplicability of Aggregate Annual Limitation on Value of 
Transferred Excess Defense Articles.--The value of a vessel transferred 
to another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided 
by section 1018(a) of the National Defense Authorization Act for Fiscal 
Year 2000 shall not be counted

[[Page 113 STAT. 1501A-510]]

for the purposes of section 516(g) of the Foreign Assistance Act of 1961 
in the aggregate value of excess defense articles transferred to 
countries under that section in any fiscal year.
    (b) Technical and Conforming Amendments.--Section 1018 of the 
National Defense Authorization Act for Fiscal Year 2000 is amended--
            (1) in subsections (a) and (d), by striking ``Secretary of 
        the Navy'' each place it appears and inserting ``President'';
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. PUBLICATION OF ARMS SALES CERTIFICATIONS.

    (a) In General.--Section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended in the second subsection (e) (as added by 
section 155 of Public Law 104-164)--
            (1) by inserting ``in a timely manner'' after ``to be 
        published''; and
            (2) by striking ``the full unclassified text of'' and all 
        that follows and inserting the following: ``the full 
        unclassified text of--
            ``(1) each numbered certification submitted pursuant to 
        subsection (b);
            ``(2) each notification of a proposed commercial sale 
        submitted under subsection (c); and
            ``(3) each notification of a proposed commercial technical 
        assistance or manufacturing licensing agreement submitted under 
        subsection (d).''.

    (b) Notice of Classified Arms Sales.--
            (1) Government-to-government sales.--Section 36(b)(1) of the 
        Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the 
        sixth sentence by inserting before the period at the end the 
        following: ``, in which case the information shall be 
        accompanied by a description of the damage to the national 
        security that could be expected to result from public disclosure 
        of the information''.
            (2) Commercial sales.--Section 36(c)(1) of the Arms Export 
        Control Act (22 U.S.C. 2776(c)(1)) is amended in the fifth 
        sentence by inserting before the period at the end the 
        following: ``, in which case the information shall be 
        accompanied by a description of the damage to the national 
        security that could be expected to result from public disclosure 
        of the information''.

SEC. 1302. NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF ITEMS ON 
            UNITED STATES MUNITIONS LIST.

    (a) Notification Requirement.--Section 38 of the Arms Export Control 
Act (22 U.S.C. 2778) is amended by adding at the end the following:
    ``(i) As prescribed in regulations issued under this section, a 
United States person to whom a license has been granted to export an 
item on the United States Munitions List shall, not later than 15 days 
after the item is exported, submit to the Department

[[Page 113 STAT. 1501A-511]]

of State a report containing all shipment information, including a 
description of the item and the quantity, value, port of exit, and end-
user and country of destination of the item.''.
    (b) Quarterly Reports to Congress.--Section 36(a) of the Arms Export 
Control Act (22 U.S.C. 2776(a)) is amended--
                    (A) in paragraph (11), by striking ``and'' at the 
                end;
                    (B) in paragraph (12), by striking ``third-party 
                transfers.'' and inserting ``third-party transfers; 
                and''; and
                    (C) by adding after paragraph (12) (but before the 
                last sentence of the subsection), the following:
            ``(13) a report on all exports of significant military 
        equipment for which information has been provided pursuant to 
        section 38(i).''.

SEC. 1303. ENFORCEMENT OF ARMS EXPORT CONTROL ACT.

    The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended in 
sections 38(e), 39A(c), and 40(k) by inserting after ``except that'' 
each place it appears the following: ``section 11(c)(2)(B) of such Act 
shall not apply, and instead, as prescribed in regulations issued under 
this section, the Secretary of State may assess civil penalties for 
violations of this Act and regulations prescribed thereunder and further 
may commence a civil action to recover such civil penalties, and except 
further that''.

SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.

    Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C. 
2778(g)(1)(A)(iii)) is amended by adding at the end before the comma the 
following: ``or section 2339A of such title (relating to providing 
material support to terrorists)''.

SEC. 1305. AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S. 
            BOWMAN COUNTY TO USS LST SHIP MEMORIAL, INC.

    (a) Findings.--Congress makes the following findings:
            (1) It is the long-standing policy of the United States 
        Government to deny requests for the retransfer of significant 
        military equipment that originated in the United States to 
        private entities.
            (2) In very exceptional circumstances, when the United 
        States public interest would be served by the proposed 
        retransfer and end-use, such requests may be favorably 
        considered.
            (3) Such retransfers to private entities have been 
        authorized in very exceptional circumstances following 
        appropriate demilitarization and receipt of assurances from the 
        private entity that the item to be transferred would be used 
        solely in furtherance of Federal Government contracts or for 
        static museum display.
            (4) Nothing in this section should be construed as a 
        revision of long-standing policy referred to in paragraph (1).
            (5) The Government of Greece has requested the consent of 
        the United States Government to the retransfer of HS Rodos (ex-
        U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, 
        Inc.

    (b) Authority To Consent to Retransfer.--
            (1) In general.--Subject to paragraph (2), the President may 
        consent to the retransfer by the Government of Greece

[[Page 113 STAT. 1501A-512]]

        of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST 
        Ship Memorial, Inc.
            (2) Conditions for consent.--The President should not 
        exercise the authority under paragraph (1) unless USS LST 
        Memorial, Inc.--
                    (A) utilizes the vessel for public, nonprofit, 
                museum-related purposes; and
                    (B) complies with applicable law with respect to the 
                vessel, including law related to demilitarization of 
                guns prior to transfer and to facilitation of Federal 
                Government monitoring and mitigation of potential 
                environmental hazards associated with aging vessels, and 
                has a demonstrated financial capability to so comply.

SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.

    (a) Information Relating to Military Assistance and Military 
Exports.--Section 655(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2415(b)) is amended to read as follows:
    ``(b) Information Relating to Military Assistance and Military 
Exports.--Each such report shall show the aggregate dollar value and 
quantity of defense articles (including excess defense articles), 
defense services, and international military education and training 
activities authorized by the United States and of such articles, 
services, and activities provided by the United States, excluding any 
activity that is reportable under title V of the National Security Act 
of 1947, to each foreign country and international organization. The 
report shall specify, by category, whether such defense articles--
            ``(1) were furnished by grant under chapter 2 or chapter 5 
        of part II of this Act or under any other authority of law or by 
        sale under chapter 2 of the Arms Export Control Act;
            ``(2) were furnished with the financial assistance of the 
        United States Government, including through loans and 
        guarantees; or
            ``(3) were licensed for export under section 38 of the Arms 
        Export Control Act.''.

    (b) Availability on Internet.--Section 655 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2415) is amended by adding at the end the 
following:
    ``(d) Availability on Internet.--All unclassified portions of such 
report shall be made available to the public on the Internet through the 
Department of State.''.

SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.

    Chapter 3 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2401 et seq.) is amended by inserting after section 655 the 
following:

``SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.

    ``(a) Annual Report.--Not later than January 31 of each year, the 
Secretary of Defense and the Secretary of State shall jointly prepare 
and submit to the appropriate congressional committees a report on all 
military training provided to foreign military personnel by the 
Department of Defense and the Department of State during the previous 
fiscal year and all such training proposed for the current fiscal year.
    ``(b) Contents.--The report described in subsection (a) shall 
include the following:

[[Page 113 STAT. 1501A-513]]

            ``(1) For each military training activity, the foreign 
        policy justification and purpose for the activity, the number of 
        foreign military personnel provided training and their units of 
        operation, and the location of the training.
            ``(2) For each country, the aggregate number of students 
        trained and the aggregate cost of the military training 
        activities.
            ``(3) With respect to United States personnel, the 
        operational benefits to United States forces derived from each 
        military training activity and the United States military units 
        involved in each activity.

    ``(c) Form.--The report described in subsection (a) shall be in 
unclassified form but may include a classified annex.
    ``(d) Availability on Internet.--All unclassified portions of the 
report described in subsection (a) shall be made available to the public 
on the Internet through the Department of State.
    ``(e) Definition.--In this section, the term `appropriate 
congressional committees' means--
            ``(1) the Committee on Appropriations and the Committee on 
        International Relations of the House of Representatives; and
            ``(2) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate.''.

SEC. 1308. SECURITY ASSISTANCE FOR THE PHILIPPINES.

    (a) Statement of Policy.--The Congress declares the following:
            (1) The President should transfer to the Government of the 
        Philippines, on a grant basis under section 516 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense 
        articles described in subsection (b).
            (2) The United States should not oppose the transfer of F-5 
        aircraft by a third country to the Government of the 
        Philippines.

    (b) Excess Defense Articles.--The excess defense articles described 
in this subsection are the following:
            (1) UH-1 helicopters and A-4 aircraft.
            (2) Amphibious landing craft, naval patrol vessels 
        (including patrol vessels of the Coast Guard), and other naval 
        vessels (such as frigates), if such vessels are available.

    (c) Funding.--Of the amounts made available to carry out section 23 
of the Arms Export Control Act (22 U.S.C. 2763) for fiscal years 2000 
and 2001, $5,000,000 for each such fiscal year should be made available 
for assistance on a grant basis for the Philippines.

SEC. 1309. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.

    (a) Licensing regime.--
            (1) Establishment.--The Secretary of State shall establish a 
        regulatory regime for the licensing for export of commercial 
        satellites, satellite technologies, their components, and 
        systems which shall include expedited approval, as appropriate, 
        of the licensing for export by United States companies of 
        commercial satellites, satellite technologies, their components, 
        and systems, to NATO allies and major non-NATO allies (as used 
        within the meaning of section 644(q) of the Foreign Assistance 
        Act of 1961).

[[Page 113 STAT. 1501A-514]]

            (2) Requirements.--For proposed exports to those nations 
        which meet the requirements of paragraph (1), the regime should 
        include expedited processing of requests for export 
        authorizations that--
                    (A) are time-critical, including a transfer or 
                exchange of information relating to a satellite failure 
                or anomaly in-flight or on-orbit;
                    (B) are required to submit bids to procurements 
                offered by foreign persons;
                    (C) relate to the re-export of unimproved materials, 
                products, or data; or
                    (D) are required to obtain launch and on-orbit 
                insurance.
            (3) Additional requirements.--In establishing the regulatory 
        regime under paragraph (1), the Secretary of State shall ensure 
        that--
                    (A) United States national security considerations 
                and United States obligations under the Missile 
                Technology Control Regime are given priority in the 
                evaluation of any license; and
                    (B) such time is afforded as is necessary for the 
                Department of Defense, the Department of State, and the 
                United States intelligence community to conduct a review 
                of any license.

    (b) Financial and Personnel Resources.--Of the funds authorized to 
be appropriated in section 101(1)(A), $9,000,000 is authorized to be 
appropriated for the Office of Defense Trade Controls of the Department 
of State for each of the fiscal years 2000 and 2001, to enable that 
office to carry out its responsibilities.
    (c) Improvement and Assessment.--The Secretary of State should, not 
later than 6 months after the date of the enactment of this Act, submit 
to the Congress a plan for--
            (1) continuously gathering industry and public suggestions 
        for potential improvements in the Department of State's export 
        control regime for commercial satellites; and
            (2) arranging for the conduct and submission to Congress, 
        not later than 15 months after the date of the enactment of this 
        Act, of an independent review of the export control regime for 
        commercial satellites as to its effectiveness at promoting 
        national security and economic competitiveness.

SEC. 1310. STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT CONTROL ACT.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of State should submit to the Committee on 
Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives a study on the performance of 
the licensing process pursuant to the Arms Export Control Act (22 U.S.C. 
2751 et seq.), with recommendations on how to improve that performance.
    (b) Contents.--The study should include the following:
            (1) An analysis of the typology of licenses on which action 
        was completed in 1999. The analysis should provide information 
        on major categories of license requests, including--
                    (A) the number for nonautomatic small arms, 
                automatic small arms, technical data, parts and 
                components, and other weapons;

[[Page 113 STAT. 1501A-515]]

                    (B) the percentage of each category staffed to other 
                agencies;
                    (C) the average and median time taken for the 
                processing cycle for each category when staffed and not 
                staffed;
                    (D) the average time taken by Presidential or 
                National Security Council review or scrutiny, if 
                significant; and
                    (E) the average time spent at the Department of 
                State after a decision had been taken on a license but 
                before a contractor was notified of the decision.
        For each major category of license requests under this 
        paragraph, the study should include a breakdown of licenses by 
        country and the identity of each country that has been 
        identified in the past three years pursuant to section 3(e) of 
        the Arms Export Control Act (22 U.S.C. 2753(e)).
            (2) A review of the current computer capabilities of the 
        Department of State relevant to the processing of licenses and 
        its capability to communicate electronically with other agencies 
        and contractors, and what improvements could be made that would 
        speed the process, including the cost for such improvements.
            (3) An analysis of the work load and salary structure for 
        export licensing officers of the Office of Defense Trade 
        Controls of the Department of State as compared to comparable 
        jobs at the Department of Commerce and the Department of 
        Defense.
            (4) Any suggestions of the Department of State relating to 
        resources and regulations, and any relevant statutory changes 
        that might expedite the licensing process while furthering the 
        objectives of the Arms Export Control Act (22 U.S.C. 2751 et 
        seq.).

SEC. 1311. REPORT CONCERNING PROLIFERATION OF SMALL ARMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate committees of Congress a report containing--
            (1) an assessment of whether the global trade in small arms 
        poses any proliferation problems, including--
                    (A) estimates of the numbers and sources of licit 
                and illicit small arms and light arms in circulation and 
                their origins;
                    (B) the challenges associated with monitoring small 
                arms; and
                    (C) the political, economic, and security dimensions 
                of this issue, and the threats posed, if any, by these 
                weapons to United States interests, including national 
                security interests;
            (2) an assessment of whether the export of small arms of the 
        type sold commercially in the United States should be considered 
        a foreign policy or proliferation issue;
            (3) a description and analysis of the adequacy of current 
        Department of State activities to monitor and, to the extent 
        possible, ensure adequate control of, both the licit and illicit 
        manufacture, transfer, and proliferation of small arms and light 
        weapons, including efforts to survey and assess this matter with 
        respect to Africa and to survey and assess the scope

[[Page 113 STAT. 1501A-516]]

        and scale of the issue, including stockpile security and 
        destruction of excess inventory, in NATO and Partnership for 
        Peace countries;
            (4) a description of the impact of the reorganization of the 
        Department of State made by the Foreign Affairs Reform and 
        Restructuring Act of 1998 on the transfer of functions relating 
        to monitoring, licensing, analysis, and policy on small arms and 
        light weapons, including--
                    (A) the integration of and the functions relating to 
                small arms and light weapons of the United States Arms 
                Control and Disarmament Agency with those of the 
                Department of State;
                    (B) the functions of the Bureau of Arms Control, the 
                Bureau of Nonproliferation, the Bureau of Political-
                Military Affairs, the Bureau of International Narcotics 
                and Law Enforcement, regional bureaus, and any other 
                relevant bureau or office of the Department of State, 
                including the allocation of personnel and funds, as they 
                pertain to small arms and light weapons;
                    (C) the functions of the regional bureaus of the 
                Department of State in providing information and policy 
                coordination in bilateral and multilateral settings on 
                small arms and light weapons;
                    (D) the functions of the Under Secretary of State 
                for Arms Control and International Security pertaining 
                to small arms and light weapons; and
                    (E) the functions of the scientific and policy 
                advisory board on arms control, nonproliferation, and 
                disarmament pertaining to small arms and light weapons; 
                and
            (5) an assessment of whether foreign governments are 
        enforcing their own laws concerning small arms and light weapons 
        import and sale, including commitments under the Inter-American 
        Convention Against the Illicit Manufacturing of and Trafficking 
        in Firearms, Ammunition, Explosives, and Other Related Materials 
        or other relevant international agreements.

    (b) Definition.--In this section, the term ``appropriate committees 
of Congress'' means the Committee on Foreign Relations and the Select 
Committee on Intelligence of the Senate and the Committee on 
International Relations and the Permanent Select Committee on 
Intelligence of the House of Representatives.

SEC. 1312. CONFORMING AMENDMENT.

    Subsection (d) of section 248 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
1958) is amended by inserting ``, and to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives,'' after ``congressional defense 
committees''.

[[Page 113 STAT. 1501A-517]]



                          APPENDIX H--H.R. 3428

SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER 
            CONSOLIDATED FEDERAL MILK MARKETING ORDERS.

    (a) Final Rule Defined.--In this section, the term ``final rule'' 
means the final rule for the consolidation and reform of Federal milk 
marketing orders that was published in the Federal Register on September 
1, 1999 (64 Fed. Reg. 47897-48021), to comply with section 143 of the 
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253).
    (b) Implementation of Final Rule for Milk Order Reform.--Subject to 
subsection (c), the final rule shall take effect, and be implemented by 
the Secretary of Agriculture, on the first day of the first month 
beginning at least 30 days after the date of the enactment of this Act.
    (c) Use of Option 1A for Pricing Class I Milk.--In lieu of the Class 
I price differentials specified in the final rule, the Secretary of 
Agriculture shall price fluid or Class I milk under the Federal milk 
marketing orders using the Class I price differentials identified as 
Option 1A ``Location-Specific Differentials Analysis'' in the proposed 
rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 
4802, 4809), except that the Secretary shall include the corrections and 
modifications to such Class I differentials made by the Secretary 
through April 2, 1999.
    (d) Effect of Prior Announcement of Minimum Prices.--If the 
Secretary of Agriculture announces minimum prices for milk under Federal 
milk marketing orders pursuant to section 1000.50 of title 7, Code of 
Federal Regulations, before the effective date specified in subsection 
(b), the minimum prices so announced before that date shall be the only 
applicable minimum prices under Federal milk marketing orders for the 
month or months for which the prices have been announced.
    (e) Implementation of Requirement.--The implementation of the final 
rule, as modified by subsection (c), shall not be subject to any of the 
following:
            (1) The notice and hearing requirements of section 8c(3) of 
        the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted 
        with amendments by the Agricultural Marketing Agreement Act of 
        1937, or the notice and comment provisions of section 553 of 
        title 5, United States Code.
            (2) A referendum conducted by the Secretary of Agriculture 
        pursuant to subsections (17) or (19) of section 8c of the 
        Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with 
        amendments by the Agricultural Marketing Agreement Act of 1937.

[[Page 113 STAT. 1501A-518]]

            (3) The Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking.
            (4) Chapter 35 of title 44, United States Code (commonly 
        known as the Paperwork Reduction Act).
            (5) Any decision, restraining order, or injunction issued by 
        a United States court before the date of the enactment of this 
        Act.

SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND 
            CLASS IV MILK UNDER MARKETING ORDERS.

    (a) Congressional Finding.--The Class III and Class IV milk pricing 
formulas included in the final decision for the consolidation and reform 
of Federal milk marketing orders, as published in the Federal Register 
on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public 
comment on the original proposed rule published in the Federal Register 
on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different 
from the proposed rule and any comments submitted with regard to the 
proposed rule that further emergency rulemaking is merited.
    (b) Rulemaking Required.--The Secretary of Agriculture shall conduct 
rulemaking, on the record after an opportunity for an agency hearing, to 
reconsider the Class III and Class IV milk pricing formulas included in 
the final rule for the consolidation and reform of Federal milk 
marketing orders that was published in the Federal Register on September 
1, 1999 (64 Fed. Reg. 47897-48021).
    (c) Time Period for Rulemaking.--On December 1, 2000, the Secretary 
of Agriculture shall publish in the Federal Register a final decision on 
the Class III and Class IV milk pricing formulas. The resulting formulas 
shall take effect, and be implemented by the Secretary, on January 1, 
2001.
    (d) Effect of Court Order.--The actions authorized by subsections 
(b) and (c) are intended to ensure the timely publication and 
implementation of new pricing formulas for Class III and Class IV milk. 
In the event that the Secretary of Agriculture is enjoined or otherwise 
restrained by a court order from implementing a final decision within 
the time period specified in subsection (c), the length of time for 
which that injunction or other restraining order is effective shall be 
added to the time limitations specified in subsection (c) thereby 
extending those time limitations by a period of time equal to the period 
of time for which the injunction or other restraining order is 
effective.
    (e) Failure To Timely Complete Rulemaking.--If the Secretary of 
Agriculture fails to implement new Class III and Class IV milk pricing 
formulas within the time period required under subsection (c) (plus any 
additional period provided under subsection (d)), the Secretary may not 
assess or collect assessments from milk producers or handlers under 
section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted 
with amendments by the Agricultural Marketing Agreement Act of 1937, for 
marketing order administration and services provided under such section 
after the end of that period until the pricing formulas are implemented. 
The Secretary may not reduce the level of services provided under that 
section on account of the prohibition against assessments, but shall 
rather cover the cost of marketing order administration

[[Page 113 STAT. 1501A-519]]

and services through funds available for the Agricultural Marketing 
Service of the Department.
    (f) Implementation of Requirement.--The implementation of the final 
decision on new Class III and Class IV milk pricing formulas shall not 
be subject to congressional review under chapter 8 of title 5, United 
States Code.

SEC. 3. DAIRY FORWARD PRICING PROGRAM.

    The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted 
with amendments by the Agricultural Marketing Agreement Act of 1937, is 
amended by adding at the end the following new section:

``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM.

    ``(a) Pilot Program Required.--Not later than 90 days after the date 
of the enactment of this section, the Secretary of Agriculture shall 
establish a temporary pilot program under which milk producers and 
cooperatives are authorized to voluntarily enter into forward price 
contracts with milk handlers.
    ``(b) Minimum Milk Price Requirements.--Payments made by milk 
handlers to milk producers and cooperatives, and prices received by milk 
producers and cooperatives, under the forward contracts shall be deemed 
to satisfy--
            ``(1) all regulated minimum milk price requirements of 
        paragraphs (B) and (F) of subsection (5) of section 8c; and
            ``(2) the requirement of paragraph (C) of such subsection 
        regarding total payments by each handler.

    ``(c) Milk Covered by Pilot Program.--
            ``(1) Covered milk.--The pilot program shall apply only with 
        respect to the marketing of federally regulated milk that--
                    ``(A) is not classified as Class I milk or otherwise 
                intended for fluid use; and
                    ``(B) is in the current of interstate or foreign 
                commerce or directly burdens, obstructs, or affects 
                interstate or foreign commerce in federally regulated 
                milk.
            ``(2) Relation to class i milk.--To assist milk handlers in 
        complying with the limitation in paragraph (1)(A) without having 
        to segregate or otherwise individually track the source and 
        disposition of milk, a milk handler may allocate milk receipts 
        from producers, cooperatives, and other sources that are not 
        subject to a forward contract to satisfy the handler's 
        obligations with regard to Class I milk usage.

    ``(d) Duration.--The authority of the Secretary of Agriculture to 
carry out the pilot program shall terminate on December 31, 2004. No 
forward price contract entered into under the program may extend beyond 
that date.
    ``(e) Study and Report on Effect of Pilot Program.--
            ``(1) Study.--The Secretary of Agriculture shall conduct a 
        study on forward contracting between milk producers and 
        cooperatives and milk handlers to determine the impact on milk 
        prices paid to producers in the United States. To obtain 
        information for the study, the Secretary may use the authorities 
        available to the Secretary under section 8d, subject to the 
        confidentiality requirements of subsection (2) of such section.
            ``(2) Report.--Not later than April 30, 2002, the Secretary 
        shall submit to the Committee on Agriculture, Nutrition and 
        Forestry of the Senate and the Committee on Agriculture of

[[Page 113 STAT. 1501A-520]]

        the House of Representatives a report containing the results of 
        the study.''.

SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTHEAST INTERSTATE 
            DAIRY COMPACT.

    Section 147(3) of the Agricultural Market Transition Act (7 U.S.C. 
7256(3)) is amended by striking ``concurrent with'' and all that follows 
through the period at the end and inserting ``on September 30, 2001.''.

[[Page 113 STAT. 1501A-521]]



                           APPENDIX I--S. 1948

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intellectual 
Property and Communications Omnibus Reform Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

               TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

Sec. 1001. Short title.
Sec. 1002. Limitations on exclusive rights; secondary transmissions by 
                      satellite carriers within local markets.
Sec. 1003. Extension of effect of amendments to section 119 of title 17, 
                      United States Code.
Sec. 1004. Computation of royalty fees for satellite carriers.
Sec. 1005. Distant signal eligibility for consumers.
Sec. 1006. Public broadcasting service satellite feed.
Sec. 1007. Application of Federal Communications Commission regulations.
Sec. 1008. Rules for satellite carriers retransmitting television 
                      broadcast signals.
Sec. 1009. Retransmission consent.
Sec. 1010. Severability.
Sec. 1011. Technical amendments.
Sec. 1012. Effective dates.

                TITLE II--RURAL LOCAL TELEVISION SIGNALS

Sec. 2001. Short title.
Sec. 2002. Local television service in unserved and underserved markets.

               TITLE III--TRADEMARK CYBERPIRACY PREVENTION

Sec. 3001. Short title; references.
Sec. 3002. Cyberpiracy prevention.
Sec. 3003. Damages and remedies.
Sec. 3004. Limitation on liability.
Sec. 3005. Definitions.
Sec. 3006. Study on abusive domain name registrations involving personal 
                      names.
Sec. 3007. Historic preservation.
Sec. 3008. Savings clause.
Sec. 3009. Technical and conforming amendments.
Sec. 3010. Effective date.

                      TITLE IV--INVENTOR PROTECTION

Sec. 4001. Short title.

                      Subtitle A--Inventors' Rights

Sec. 4101. Short title.
Sec. 4102. Integrity in invention promotion services.
Sec. 4103. Effective date.

              Subtitle B--Patent and Trademark Fee Fairness

Sec. 4201. Short title.
Sec. 4202. Adjustment of patent fees.
Sec. 4203. Adjustment of trademark fees.
Sec. 4204. Study on alternative fee structures.
Sec. 4205. Patent and Trademark Office funding.

[[Page 113 STAT. 1501A-522]]

Sec. 4206. Effective date.

                   Subtitle C--First Inventor Defense

Sec. 4301. Short title.
Sec. 4302. Defense to patent infringement based on earlier inventor.
Sec. 4303. Effective date and applicability.

                    Subtitle D--Patent Term Guarantee

Sec. 4401. Short title.
Sec. 4402. Patent term guarantee authority.
Sec. 4403. Continued examination of patent applications.
Sec. 4404. Technical clarification.
Sec. 4405. Effective date.

Subtitle E--Domestic Publication of Patent Applications Published Abroad

Sec. 4501. Short title.
Sec. 4502. Publication.
Sec. 4503. Time for claiming benefit of earlier filing date.
Sec. 4504. Provisional rights.
Sec. 4505. Prior art effect of published applications.
Sec. 4506. Cost recovery for publication.
Sec. 4507. Conforming amendments.
Sec. 4508. Effective date.

        Subtitle F--Optional Inter Partes Reexamination Procedure

Sec. 4601. Short title.
Sec. 4602. Ex parte reexamination of patents.
Sec. 4603. Definitions.
Sec. 4604. Optional inter partes reexamination procedures.
Sec. 4605. Conforming amendments.
Sec. 4606. Report to Congress.
Sec. 4607. Estoppel effect of reexamination.
Sec. 4608. Effective date.

                 Subtitle G--Patent and Trademark Office

Sec. 4701. Short title.

          Chapter 1--United States Patent and Trademark Office

Sec. 4711. Establishment of Patent and Trademark Office.
Sec. 4712. Powers and duties.
Sec. 4713. Organization and management.
Sec. 4714. Public advisory committees.
Sec. 4715. Conforming amendments.
Sec. 4716. Trademark Trial and Appeal Board.
Sec. 4717. Board of Patent Appeals and Interferences.
Sec. 4718. Annual report of Director.
Sec. 4719. Suspension or exclusion from practice.
Sec. 4720. Pay of Director and Deputy Director.

             Chapter 2--Effective Date; Technical Amendments

Sec. 4731. Effective date.
Sec. 4732. Technical and conforming amendments.

                   Chapter 3--Miscellaneous Provisions

Sec. 4741. References.
Sec. 4742. Exercise of authorities.
Sec. 4743. Savings provisions.
Sec. 4744. Transfer of assets.
Sec. 4745. Delegation and assignment.
Sec. 4746. Authority of Director of the Office of Management and Budget 
                      with respect to functions transferred.
Sec. 4747. Certain vesting of functions considered transfers.
Sec. 4748. Availability of existing funds.
Sec. 4749. Definitions.

               Subtitle H--Miscellaneous Patent Provisions

Sec. 4801. Provisional applications.
Sec. 4802. International applications.
Sec. 4803. Certain limitations on damages for patent infringement not 
                      applicable.

[[Page 113 STAT. 1501A-523]]

Sec. 4804. Electronic filing and publications.
Sec. 4805. Study and report on biological deposits in support of 
                      biotechnology patents.
Sec. 4806. Prior invention.
Sec. 4807. Prior art exclusion for certain commonly assigned patents.
Sec. 4808. Exchange of copies of patents with foreign countries.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Commission on online child protection.
Sec. 5002. Privacy protection for donors to public broadcasting 
                      entities.
Sec. 5003. Completion of biennial regulatory review.
Sec. 5004. Public broadcasting entities.
Sec. 5005. Technical amendments relating to vessel hull design 
                      protection.
Sec. 5006. Informal rulemaking of copyright determination.
Sec. 5007. Service of process for surety corporations.
Sec. 5008. Low-power television.

                  TITLE VI--SUPERFUND RECYCLING EQUITY

Sec. 6001. Superfund recycling equity.

               TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Satellite Home Viewer Improvement 
Act of 1999''.
SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY 
                          TRANSMISSIONS BY SATELLITE CARRIERS 
                          WITHIN LOCAL MARKETS.

    (a) In General.--Chapter 1 of title 17, United States Code, is 
amended by adding after section 121 the following new section:
``Sec. 122. Limitations on exclusive rights; secondary 
                transmissions by satellite carriers within local 
                markets

    ``(a) Secondary Transmissions of Television Broadcast Stations by 
Satellite Carriers.--A secondary transmission of a performance or 
display of a work embodied in a primary transmission of a television 
broadcast station into the station's local market shall be subject to 
statutory licensing under this section if--
            ``(1) the secondary transmission is made by a satellite 
        carrier to the public;
            ``(2) with regard to secondary transmissions, the satellite 
        carrier is in compliance with the rules, regulations, or 
        authorizations of the Federal Communications Commission 
        governing the carriage of television broadcast station signals; 
        and
            ``(3) the satellite carrier makes a direct or indirect 
        charge for the secondary transmission to--
                    ``(A) each subscriber receiving the secondary 
                transmission; or
                    ``(B) a distributor that has contracted with the 
                satellite carrier for direct or indirect delivery of the 
                secondary transmission to the public.

    ``(b) Reporting Requirements.--
            ``(1) Initial lists.--A satellite carrier that makes 
        secondary transmissions of a primary transmission made by a 
        network station under subsection (a) shall, within 90 days after 
        commencing such secondary transmissions, submit to the network

[[Page 113 STAT. 1501A-524]]

        that owns or is affiliated with the network station a list 
        identifying (by name in alphabetical order and street address, 
        including county and zip code) all subscribers to which the 
        satellite carrier makes secondary transmissions of that primary 
        transmission under subsection (a).
            ``(2) Subsequent lists.--After the list is submitted under 
        paragraph (1), the satellite carrier shall, on the 15th of each 
        month, submit to the network a list identifying (by name in 
        alphabetical order and street address, including county and zip 
        code) any subscribers who have been added or dropped as 
        subscribers since the last submission under this subsection.
            ``(3) Use of subscriber information.--Subscriber information 
        submitted by a satellite carrier under this subsection may be 
        used only for the purposes of monitoring compliance by the 
        satellite carrier with this section.
            ``(4) Requirements of networks.--The submission requirements 
        of this subsection shall apply to a satellite carrier only if 
        the network to which the submissions are to be made places on 
        file with the Register of Copyrights a document identifying the 
        name and address of the person to whom such submissions are to 
        be made. The Register of Copyrights shall maintain for public 
        inspection a file of all such documents.

    ``(c) No Royalty Fee Required.--A satellite carrier whose secondary 
transmissions are subject to statutory licensing under subsection (a) 
shall have no royalty obligation for such secondary transmissions.
    ``(d) Noncompliance With Reporting and Regulatory Requirements.--
Notwithstanding subsection (a), the willful or repeated secondary 
transmission to the public by a satellite carrier into the local market 
of a television broadcast station of a primary transmission embodying a 
performance or display of a work made by that television broadcast 
station is actionable as an act of infringement under section 501, and 
is fully subject to the remedies provided under sections 502 through 506 
and 509, if the satellite carrier has not complied with the reporting 
requirements of subsection (b) or with the rules, regulations, and 
authorizations of the Federal Communications Commission concerning the 
carriage of television broadcast signals.
    ``(e) Willful Alterations.--Notwithstanding subsection (a), the 
secondary transmission to the public by a satellite carrier into the 
local market of a television broadcast station of a performance or 
display of a work embodied in a primary transmission made by that 
television broadcast station is actionable as an act of infringement 
under section 501, and is fully subject to the remedies provided by 
sections 502 through 506 and sections 509 and 510, if the content of the 
particular program in which the performance or display is embodied, or 
any commercial advertising or station announcement transmitted by the 
primary transmitter during, or immediately before or after, the 
transmission of such program, is in any way willfully altered by the 
satellite carrier through changes, deletions, or additions, or is 
combined with programming from any other broadcast signal.
    ``(f ) Violation of Territorial Restrictions on Statutory License 
for Television Broadcast Stations.--
            ``(1) Individual violations.--The willful or repeated 
        secondary transmission to the public by a satellite carrier of a 
        primary transmission embodying a performance or display of

[[Page 113 STAT. 1501A-525]]

        a work made by a television broadcast station to a subscriber 
        who does not reside in that station's local market, and is not 
        subject to statutory licensing under section 119 or a private 
        licensing agreement, is actionable as an act of infringement 
        under section 501 and is fully subject to the remedies provided 
        by sections 502 through 506 and 509, except that--
                    ``(A) no damages shall be awarded for such act of 
                infringement if the satellite carrier took corrective 
                action by promptly withdrawing service from the 
                ineligible subscriber; and
                    ``(B) any statutory damages shall not exceed $5 for 
                such subscriber for each month during which the 
                violation occurred.
            ``(2) Pattern of violations.--If a satellite carrier engages 
        in a willful or repeated pattern or practice of secondarily 
        transmitting to the public a primary transmission embodying a 
        performance or display of a work made by a television broadcast 
        station to subscribers who do not reside in that station's local 
        market, and are not subject to statutory licensing under section 
        119 or a private licensing agreement, then in addition to the 
        remedies under paragraph (1)--
                    ``(A) if the pattern or practice has been carried 
                out on a substantially nationwide basis, the court--
                          ``(i) shall order a permanent injunction 
                      barring the secondary transmission by the 
                      satellite carrier of the primary transmissions of 
                      that television broadcast station (and if such 
                      television broadcast station is a network station, 
                      all other television broadcast stations affiliated 
                      with such network); and
                          ``(ii) may order statutory damages not 
                      exceeding $250,000 for each 6-month period during 
                      which the pattern or practice was carried out; and
                    ``(B) if the pattern or practice has been carried 
                out on a local or regional basis with respect to more 
                than one television broadcast station, the court--
                          ``(i) shall order a permanent injunction 
                      barring the secondary transmission in that 
                      locality or region by the satellite carrier of the 
                      primary transmissions of any television broadcast 
                      station; and
                          ``(ii) may order statutory damages not 
                      exceeding $250,000 for each 6-month period during 
                      which the pattern or practice was carried out.

    ``(g) Burden of Proof.--In any action brought under subsection (f ), 
the satellite carrier shall have the burden of proving that its 
secondary transmission of a primary transmission by a television 
broadcast station is made only to subscribers located within that 
station's local market or subscribers being served in compliance with 
section 119 or a private licensing agreement.
    ``(h) Geographic Limitations on Secondary Transmissions.--The 
statutory license created by this section shall apply to secondary 
transmissions to locations in the United States.
    ``(i) Exclusivity With Respect to Secondary Transmissions of 
Broadcast Stations by Satellite to Members of the Public.--No provision 
of section 111 or any other law (other than this section and section 
119) shall be construed to contain any authorization, exemption, or 
license through which secondary transmissions by satellite carriers of 
programming contained in a primary

[[Page 113 STAT. 1501A-526]]

transmission made by a television broadcast station may be made without 
obtaining the consent of the copyright owner.
    ``( j) Definitions.--In this section--
            ``(1) Distributor.--The term `distributor' means an entity 
        which contracts to distribute secondary transmissions from a 
        satellite carrier and, either as a single channel or in a 
        package with other programming, provides the secondary 
        transmission either directly to individual subscribers or 
        indirectly through other program distribution entities.
            ``(2) Local market.--
                    ``(A) In general.--The term `local market', in the 
                case of both commercial and noncommercial television 
                broadcast stations, means the designated market area in 
                which a station is located, and--
                          ``(i) in the case of a commercial television 
                      broadcast station, all commercial television 
                      broadcast stations licensed to a community within 
                      the same designated market area are within the 
                      same local market; and
                          ``(ii) in the case of a noncommercial 
                      educational television broadcast station, the 
                      market includes any station that is licensed to a 
                      community within the same designated market area 
                      as the noncommercial educational television 
                      broadcast station.
                    ``(B) County of license.--In addition to the area 
                described in subparagraph (A), a station's local market 
                includes the county in which the station's community of 
                license is located.
                    ``(C) Designated market area.--For purposes of 
                subparagraph (A), the term `designated market area' 
                means a designated market area, as determined by Nielsen 
                Media Research and published in the 1999-2000 Nielsen 
                Station Index Directory and Nielsen Station Index United 
                States Television Household Estimates or any successor 
                publication.
            ``(3) Network station; satellite carrier; secondary 
        transmission.--The terms `network station', `satellite carrier', 
        and `secondary transmission' have the meanings given such terms 
        under section 119(d).
            ``(4) Subscriber.--The term `subscriber' means a person who 
        receives a secondary transmission service from a satellite 
        carrier and pays a fee for the service, directly or indirectly, 
        to the satellite carrier or to a distributor.
            ``(5) Television broadcast station.--The term `television 
        broadcast station'--
                    ``(A) means an over-the-air, commercial or 
                noncommercial television broadcast station licensed by 
                the Federal Communications Commission under subpart E of 
                part 73 of title 47, Code of Federal Regulations, except 
                that such term does not include a low-power or 
                translator television station; and
                    ``(B) includes a television broadcast station 
                licensed by an appropriate governmental authority of 
                Canada or Mexico if the station broadcasts primarily in 
                the English language and is a network station as defined 
                in section 119(d)(2)(A).''.

[[Page 113 STAT. 1501A-527]]

    (b) Infringement of Copyright.--Section 501 of title 17, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(f )(1) With respect to any secondary transmission that is made by 
a satellite carrier of a performance or display of a work embodied in a 
primary transmission and is actionable as an act of infringement under 
section 122, a television broadcast station holding a copyright or other 
license to transmit or perform the same version of that work shall, for 
purposes of subsection (b) of this section, be treated as a legal or 
beneficial owner if such secondary transmission occurs within the local 
market of that station.
    ``(2) A television broadcast station may file a civil action against 
any satellite carrier that has refused to carry television broadcast 
signals, as required under section 122(a)(2), to enforce that television 
broadcast station's rights under section 338(a) of the Communications 
Act of 1934.''.
    (c) Technical and Conforming Amendments.--The table of sections for 
chapter 1 of title 17, United States Code, is amended by adding after 
the item relating to section 121 the following:
``122. Limitations on exclusive rights; secondary transmissions by 
          satellite carriers within local market.''.
SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF 
                          TITLE 17, UNITED STATES CODE.

    Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 
note; Public Law 103-369; 108 Stat. 3481) is amended by striking 
``December 31, 1999'' and inserting ``December 31, 2004''.

SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.

    Section 119(c) of title 17, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(4) Reduction.--
                    ``(A) Superstation.--The rate of the royalty fee in 
                effect on January 1, 1998, payable in each case under 
                subsection (b)(1)(B)(i) shall be reduced by 30 percent.
                    ``(B) Network and public broadcasting satellite 
                feed.--The rate of the royalty fee in effect on January 
                1, 1998, payable under subsection (b)(1)(B)(ii) shall be 
                reduced by 45 percent.
            ``(5) Public broadcasting service as agent.--For purposes of 
        section 802, with respect to royalty fees paid by satellite 
        carriers for retransmitting the Public Broadcasting Service 
        satellite feed, the Public Broadcasting Service shall be the 
        agent for all public television copyright claimants and all 
        Public Broadcasting Service member stations.''.

SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.

    (a) Unserved Household.--
            (1) In general.--Section 119(d) of title 17, United States 
        Code, is amended by striking paragraph (10) and inserting the 
        following:
            ``(10) Unserved household.--The term `unserved household', 
        with respect to a particular television network, means a 
        household that--
                    ``(A) cannot receive, through the use of a 
                conventional, stationary, outdoor rooftop receiving 
                antenna, an over-the-air signal of a primary network 
                station affiliated with

[[Page 113 STAT. 1501A-528]]

                that network of Grade B intensity as defined by the 
                Federal Communications Commission under section 
                73.683(a) of title 47 of the Code of Federal 
                Regulations, as in effect on January 1, 1999;
                    ``(B) is subject to a waiver granted under 
                regulations established under section 339(c)(2) of the 
                Communications Act of 1934;
                    ``(C) is a subscriber to whom subsection (e) 
                applies;
                    ``(D) is a subscriber to whom subsection (a)(11) 
                applies; or
                    ``(E) is a subscriber to whom the exemption under 
                subsection (a)(2)(B)(iii) applies.''.
            (2) Conforming amendment.--Section 119(a)(2)(B) of title 17, 
        United States Code, is amended to read as follows:
                    ``(B) Secondary transmissions to unserved 
                households.--
                          ``(i) In general.--The statutory license 
                      provided for in subparagraph (A) shall be limited 
                      to secondary transmissions of the signals of no 
                      more than two network stations in a single day for 
                      each television network to persons who reside in 
                      unserved households.
                          ``(ii) Accurate determinations of 
                      eligibility.--
                                    ``(I) Accurate predictive model.--In 
                                determining presumptively whether a 
                                person resides in an unserved household 
                                under subsection (d)(10)(A), a court 
                                shall rely on the Individual Location 
                                Longley-Rice model set forth by the 
                                Federal Communications Commission in 
                                Docket No. 98-201, as that model may be 
                                amended by the Commission over time 
                                under section 339(c)(3) of the 
                                Communications Act of 1934 to increase 
                                the accuracy of that model.
                                    ``(II) Accurate measurements.--For 
                                purposes of site measurements to 
                                determine whether a person resides in an 
                                unserved household under subsection 
                                (d)(10)(A), a court shall rely on 
                                section 339(c)(4) of the Communications 
                                Act of 1934.
                          ``(iii) C-band exemption to unserved 
                      households.--
                                    ``(I) In general.--The limitations 
                                of clause (i) shall not apply to any 
                                secondary transmissions by C-band 
                                services of network stations that a 
                                subscriber to C-band service received 
                                before any termination of such secondary 
                                transmissions before October 31, 1999.
                                    ``(II) Definition.--In this clause 
                                the term `C-band service' means a 
                                service that is licensed by the Federal 
                                Communications Commission and operates 
                                in the Fixed Satellite Service under 
                                part 25 of title 47 of the Code of 
                                Federal Regulations.''.

    (b) Exception to Limitation on Secondary Transmissions.--Section 
119(a)(5) of title 17, United States Code, is amended by adding at the 
end the following:
                    ``(E) Exception.--The secondary transmission by a 
                satellite carrier of a performance or display of a work 
                embodied in a primary transmission made by a network 
                station to

[[Page 113 STAT. 1501A-529]]

                subscribers who do not reside in unserved households 
                shall not be an act of infringement if--
                          ``(i) the station on May 1, 1991, was 
                      retransmitted by a satellite carrier and was not 
                      on that date owned or operated by or affiliated 
                      with a television network that offered 
                      interconnected program service on a regular basis 
                      for 15 or more hours per week to at least 25 
                      affiliated television licensees in 10 or more 
                      States;
                          ``(ii) as of July 1, 1998, such station was 
                      retransmitted by a satellite carrier under the 
                      statutory license of this section; and
                          ``(iii) the station is not owned or operated 
                      by or affiliated with a television network that, 
                      as of January 1, 1995, offered interconnected 
                      program service on a regular basis for 15 or more 
                      hours per week to at least 25 affiliated 
                      television licensees in 10 or more States.''.

    (c) Moratorium on Copyright Liability.--Section 119(e) of title 17, 
United States Code, is amended to read as follows:
    ``(e) Moratorium on Copyright Liability.--Until December 31, 2004, a 
subscriber who does not receive a signal of Grade A intensity (as 
defined in the regulations of the Federal Communications Commission 
under section 73.683(a) of title 47 of the Code of Federal Regulations, 
as in effect on January 1, 1999, or predicted by the Federal 
Communications Commission using the Individual Location Longley-Rice 
methodology described by the Federal Communications Commission in Docket 
No. 98-201) of a local network television broadcast station shall remain 
eligible to receive signals of network stations affiliated with the same 
network, if that subscriber had satellite service of such network signal 
terminated after July 11, 1998, and before October 31, 1999, as required 
by this section, or received such service on October 31, 1999.''.
    (d) Recreational Vehicle and Commercial Truck Exemption.--Section 
119(a) of title 17, United States Code, is amended by adding at the end 
the following:
            ``(11) Service to recreational vehicles and commercial 
        trucks.--
                    ``(A) Exemption.--
                          ``(i) In general.--For purposes of this 
                      subsection, and subject to clauses (ii) and (iii), 
                      the term `unserved household' shall include--
                                    ``(I) recreational vehicles as 
                                defined in regulations of the Secretary 
                                of Housing and Urban Development under 
                                section 3282.8 of title 24 of the Code 
                                of Federal Regulations; and
                                    ``(II) commercial trucks that 
                                qualify as commercial motor vehicles 
                                under regulations of the Secretary of 
                                Transportation under section 383.5 of 
                                title 49 of the Code of Federal 
                                Regulations.
                          ``(ii) Limitation.--Clause (i) shall apply 
                      only to a recreational vehicle or commercial truck 
                      if any satellite carrier that proposes to make a 
                      secondary transmission of a network station to the 
                      operator of such a recreational vehicle or 
                      commercial truck complies with the documentation 
                      requirements under subparagraphs (B) and (C).

[[Page 113 STAT. 1501A-530]]

                          ``(iii) Exclusion.--For purposes of this 
                      subparagraph, the terms `recreational vehicle' and 
                      `commercial truck' shall not include any fixed 
                      dwelling, whether a mobile home or otherwise.
                    ``(B) Documentation requirements.--A recreational 
                vehicle or commercial truck shall be deemed to be an 
                unserved household beginning 10 days after the relevant 
                satellite carrier provides to the network that owns or 
                is affiliated with the network station that will be 
                secondarily transmitted to the recreational vehicle or 
                commercial truck the following documents:
                          ``(i) Declaration.--A signed declaration by 
                      the operator of the recreational vehicle or 
                      commercial truck that the satellite dish is 
                      permanently attached to the recreational vehicle 
                      or commercial truck, and will not be used to 
                      receive satellite programming at any fixed 
                      dwelling.
                          ``(ii) Registration.--In the case of a 
                      recreational vehicle, a copy of the current State 
                      vehicle registration for the recreational vehicle.
                          ``(iii) Registration and license.--In the case 
                      of a commercial truck, a copy of--
                                    ``(I) the current State vehicle 
                                registration for the truck; and
                                    ``(II) a copy of a valid, current 
                                commercial driver's license, as defined 
                                in regulations of the Secretary of 
                                Transportation under section 383 of 
                                title 49 of the Code of Federal 
                                Regulations, issued to the operator.
                    ``(C) Updated documentation requirements.--If a 
                satellite carrier wishes to continue to make secondary 
                transmissions to a recreational vehicle or commercial 
                truck for more than a 2-year period, that carrier shall 
                provide each network, upon request, with updated 
                documentation in the form described under subparagraph 
                (B) during the 90 days before expiration of that 2-year 
                period.''.

    (e) Conforming Amendment.--Section 119(d)(11) of title 17, United 
States Code, is amended to read as follows:
            ``(11) Local market.--The term `local market' has the 
        meaning given such term under section 122( j).''.

SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.

    (a) Secondary Transmissions.--Section 119(a)(1) of title 17, United 
States Code, is amended--
            (1) by striking the paragraph heading and inserting ``(1) 
        Superstations and pbs satellite feed.--'';
            (2) by inserting ``or by the Public Broadcasting Service 
        satellite feed'' after ``superstation''; and
            (3) by adding at the end the following: ``In the case of the 
        Public Broadcasting Service satellite feed, the statutory 
        license shall be effective until January 1, 2002.''.

    (b) Royalty Fees.--Section 119(b)(1)(B)(iii) of title 17, United 
States Code, is amended by inserting ``or the Public Broadcasting 
Service satellite feed'' after ``network station''.
    (c) Definitions.--Section 119(d) of title 17, United States Code, is 
amended--
            (1) by amending paragraph (9) to read as follows:

[[Page 113 STAT. 1501A-531]]

            ``(9) Superstation.--The term `superstation'--
                    ``(A) means a television broadcast station, other 
                than a network station, licensed by the Federal 
                Communications Commission that is secondarily 
                transmitted by a satellite carrier; and
                    ``(B) except for purposes of computing the royalty 
                fee, includes the Public Broadcasting Service satellite 
                feed.''; and
            (2) by adding at the end the following:
            ``(12) Public broadcasting service satellite feed.--The term 
        `Public Broadcasting Service satellite feed' means the national 
        satellite feed distributed and designated for purposes of this 
        section by the Public Broadcasting Service consisting of 
        educational and informational programming intended for private 
        home viewing, to which the Public Broadcasting Service holds 
        national terrestrial broadcast rights.''.
SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION 
                          REGULATIONS.

    Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1), by inserting ``with regard to 
        secondary transmissions the satellite carrier is in compliance 
        with the rules, regulations, or authorizations of the Federal 
        Communications Commission governing the carriage of television 
        broadcast station signals,'' after ``satellite carrier to the 
        public for private home viewing,'';
            (2) in paragraph (2), by inserting ``with regard to 
        secondary transmissions the satellite carrier is in compliance 
        with the rules, regulations, or authorizations of the Federal 
        Communications Commission governing the carriage of television 
        broadcast station signals,'' after ``satellite carrier to the 
        public for private home viewing,''; and
            (3) by adding at the end of such subsection (as amended by 
        section 1005(e) of this Act) the following new paragraph:
            ``(12) Statutory license contingent on compliance with fcc 
        rules and remedial steps.--Notwithstanding any other provision 
        of this section, the willful or repeated secondary transmission 
        to the public by a satellite carrier of a primary transmission 
        embodying a performance or display of a work made by a broadcast 
        station licensed by the Federal Communications Commission is 
        actionable as an act of infringement under section 501, and is 
        fully subject to the remedies provided by sections 502 through 
        506 and 509, if, at the time of such transmission, the satellite 
        carrier is not in compliance with the rules, regulations, and 
        authorizations of the Federal Communications Commission 
        concerning the carriage of television broadcast station 
        signals.''.
SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION 
                          BROADCAST SIGNALS.

    (a) Amendments to Communications Act of 1934.--Title III of the 
Communications Act of 1934 is amended by inserting after section 337 (47 
U.S.C. 337) the following new sections:
``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE 
                          CARRIERS.

    ``(a) Carriage Obligations.--

[[Page 113 STAT. 1501A-532]]

            ``(1) In general.--Subject to the limitations of paragraph 
        (2), each satellite carrier providing, under section 122 of 
        title 17, United States Code, secondary transmissions to 
        subscribers located within the local market of a television 
        broadcast station of a primary transmission made by that station 
        shall carry upon request the signals of all television broadcast 
        stations located within that local market, subject to section 
        325(b).
            ``(2) Remedies for failure to carry.--The remedies for any 
        failure to meet the obligations under this subsection shall be 
        available exclusively under section 501(f ) of title 17, United 
        States Code.
            ``(3) Effective date.--No satellite carrier shall be 
        required to carry local television broadcast stations under 
        paragraph (1) until January 1, 2002.

    ``(b) Good Signal Required.--
            ``(1) Costs.--A television broadcast station asserting its 
        right to carriage under subsection (a) shall be required to bear 
        the costs associated with delivering a good quality signal to 
        the designated local receive facility of the satellite carrier 
        or to another facility that is acceptable to at least one-half 
        the stations asserting the right to carriage in the local 
        market.
            ``(2) Regulations.--The regulations issued under subsection 
        (g) shall set forth the obligations necessary to carry out this 
        subsection.

    ``(c) Duplication Not Required.--
            ``(1) Commercial stations.--Notwithstanding subsection (a), 
        a satellite carrier shall not be required to carry upon request 
        the signal of any local commercial television broadcast station 
        that substantially duplicates the signal of another local 
        commercial television broadcast station which is secondarily 
        transmitted by the satellite carrier within the same local 
        market, or to carry upon request the signals of more than one 
        local commercial television broadcast station in a single local 
        market that is affiliated with a particular television network 
        unless such stations are licensed to communities in different 
        States.
            ``(2) Noncommercial stations.--The Commission shall 
        prescribe regulations limiting the carriage requirements under 
        subsection (a) of satellite carriers with respect to the 
        carriage of multiple local noncommercial television broadcast 
        stations. To the extent possible, such regulations shall provide 
        the same degree of carriage by satellite carriers of such 
        multiple stations as is provided by cable systems under section 
        615.

    ``(d) Channel Positioning.--No satellite carrier shall be required 
to provide the signal of a local television broadcast station to 
subscribers in that station's local market on any particular channel 
number or to provide the signals in any particular order, except that 
the satellite carrier shall retransmit the signal of the local 
television broadcast stations to subscribers in the stations' local 
market on contiguous channels and provide access to such station's 
signals at a nondiscriminatory price and in a nondiscriminatory manner 
on any navigational device, on-screen program guide, or menu.
    ``(e) Compensation for Carriage.--A satellite carrier shall not 
accept or request monetary payment or other valuable consideration in 
exchange either for carriage of local television broadcast stations in 
fulfillment of the requirements of this section or for

[[Page 113 STAT. 1501A-533]]

channel positioning rights provided to such stations under this section, 
except that any such station may be required to bear the costs 
associated with delivering a good quality signal to the local receive 
facility of the satellite carrier.
    ``(f ) Remedies.--
            ``(1) Complaints by broadcast stations.--Whenever a local 
        television broadcast station believes that a satellite carrier 
        has failed to meet its obligations under subsections (b) through 
        (e) of this section, such station shall notify the carrier, in 
        writing, of the alleged failure and identify its reasons for 
        believing that the satellite carrier failed to comply with such 
        obligations. The satellite carrier shall, within 30 days after 
        such written notification, respond in writing to such 
        notification and comply with such obligations or state its 
        reasons for believing that it is in compliance with such 
        obligations. A local television broadcast station that disputes 
        a response by a satellite carrier that it is in compliance with 
        such obligations may obtain review of such denial or response by 
        filing a complaint with the Commission. Such complaint shall 
        allege the manner in which such satellite carrier has failed to 
        meet its obligations and the basis for such allegations.
            ``(2) Opportunity to respond.--The Commission shall afford 
        the satellite carrier against which a complaint is filed under 
        paragraph (1) an opportunity to present data and arguments to 
        establish that there has been no failure to meet its obligations 
        under this section.
            ``(3) Remedial actions; dismissal.--Within 120 days after 
        the date a complaint is filed under paragraph (1), the 
        Commission shall determine whether the satellite carrier has met 
        its obligations under subsections (b) through (e). If the 
        Commission determines that the satellite carrier has failed to 
        meet such obligations, the Commission shall order the satellite 
        carrier to take appropriate remedial action. If the Commission 
        determines that the satellite carrier has fully met the 
        requirements of such subsections, the Commission shall dismiss 
        the complaint.

    ``(g) Regulations by Commission.--Within 1 year after the date of 
the enactment of this section, the Commission shall issue regulations 
implementing this section following a rulemaking proceeding. The 
regulations prescribed under this section shall include requirements on 
satellite carriers that are comparable to the requirements on cable 
operators under sections 614(b) (3) and (4) and 615(g) (1) and (2).
    ``(h) Definitions.--As used in this section:
            ``(1) Distributor.--The term `distributor' means an entity 
        which contracts to distribute secondary transmissions from a 
        satellite carrier and, either as a single channel or in a 
        package with other programming, provides the secondary 
        transmission either directly to individual subscribers or 
        indirectly through other program distribution entities.
            ``(2) Local receive facility.--The term `local receive 
        facility' means the reception point in each local market which a 
        satellite carrier designates for delivery of the signal of the 
        station for purposes of retransmission.
            ``(3) Local market.--The term `local market' has the meaning 
        given that term under section 122( j) of title 17, United States 
        Code.

[[Page 113 STAT. 1501A-534]]

            ``(4) Satellite carrier.--The term `satellite carrier' has 
        the meaning given such term under section 119(d) of title 17, 
        United States Code.
            ``(5) Secondary transmission.--The term `secondary 
        transmission' has the meaning given such term in section 119(d) 
        of title 17, United States Code.
            ``(6) Subscriber.--The term `subscriber' has the meaning 
        given that term under section 122( j) of title 17, United States 
        Code.
            ``(7) Television broadcast station.--The term `television 
        broadcast station' has the meaning given such term in section 
        325(b)(7).
``SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE 
                          CARRIERS.

    ``(a) Provisions Relating to Carriage of Distant Signals.--
            ``(1) Carriage permitted.--
                    ``(A) In general.--Subject to section 119 of title 
                17, United States Code, any satellite carrier shall be 
                permitted to provide the signals of no more than two 
                network stations in a single day for each television 
                network to any household not located within the local 
                markets of those network stations.
                    ``(B) Additional service.--In addition to signals 
                provided under subparagraph (A), any satellite carrier 
                may also provide service under the statutory license of 
                section 122 of title 17, United States Code, to the 
                local market within which such household is located. The 
                service provided under section 122 of such title may be 
                in addition to the two signals provided under section 
                119 of such title.
            ``(2) Penalty for violation.--Any satellite carrier that 
        knowingly and willfully provides the signals of television 
        stations to subscribers in violation of this subsection shall be 
        liable for a forfeiture penalty under section 503 in the amount 
        of $50,000 for each violation or each day of a continuing 
        violation.

    ``(b) Extension of Network Nonduplication, Syndicated Exclusivity, 
and Sports Blackout to Satellite Retransmission.--
            ``(1) Extension of protections.--Within 45 days after the 
        date of the enactment of the Satellite Home Viewer Improvement 
        Act of 1999, the Commission shall commence a single rulemaking 
        proceeding to establish regulations that--
                    ``(A) apply network nonduplication protection (47 
                CFR 76.92) syndicated exclusivity protection (47 CFR 
                76.151), and sports blackout protection (47 CFR 76.67) 
                to the retransmission of the signals of nationally 
                distributed superstations by satellite carriers to 
                subscribers; and
                    ``(B) to the extent technically feasible and not 
                economically prohibitive, apply sports blackout 
                protection (47 CFR 76.67) to the retransmission of the 
                signals of network stations by satellite carriers to 
                subscribers.
            ``(2) Deadline for action.--The Commission shall complete 
        all actions necessary to prescribe regulations required by this 
        section so that the regulations shall become effective within 1 
        year after such date of enactment.

[[Page 113 STAT. 1501A-535]]

    ``(c) Eligibility for Retransmission.--
            ``(1) Signal standard for satellite carrier purposes.--For 
        the purposes of identifying an unserved household under section 
        119(d)(10) of title 17, United States Code, within 1 year after 
        the date of the enactment of the Satellite Home Viewer 
        Improvement Act of 1999, the Commission shall conclude an 
        inquiry to evaluate all possible standards and factors for 
        determining eligibility for retransmissions of the signals of 
        network stations, and, if appropriate--
                    ``(A) recommend modifications to the Grade B 
                intensity standard for analog signals set forth in 
                section 73.683(a) of its regulations (47 CFR 73.683(a)), 
                or recommend alternative standards or factors for 
                purposes of determining such eligibility; and
                    ``(B) make a further recommendation relating to an 
                appropriate standard for digital signals.
            ``(2) Waivers.--A subscriber who is denied the 
        retransmission of a signal of a network station under section 
        119 of title 17, United States Code, may request a waiver from 
        such denial by submitting a request, through such subscriber's 
        satellite carrier, to the network station asserting that the 
        retransmission is prohibited. The network station shall accept 
        or reject a subscriber's request for a waiver within 30 days 
        after receipt of the request. The subscriber shall be permitted 
        to receive such retransmission under section 119(d)(10)(B) of 
        title 17, United States Code, if such station agrees to the 
        waiver request and files with the satellite carrier a written 
        waiver with respect to that subscriber allowing the subscriber 
        to receive such retransmission. If a television network station 
        fails to accept or reject a subscriber's request for a waiver 
        within the 30-day period after receipt of the request, that 
        station shall be deemed to agree to the waiver request and have 
        filed such written waiver.
            ``(3) Establishment of improved predictive model required.--
        Within 180 days after the date of the enactment of the Satellite 
        Home Viewer Improvement Act of 1999, the Commission shall take 
        all actions necessary, including any reconsideration, to develop 
        and prescribe by rule a point-to-point predictive model for 
        reliably and presumptively determining the ability of individual 
        locations to receive signals in accordance with the signal 
        intensity standard in effect under section 119(d)(10)(A) of 
        title 17, United States Code. In prescribing such model, the 
        Commission shall rely on the Individual Location Longley-Rice 
        model set forth by the Federal Communications Commission in 
        Docket No. 98-201 and ensure that such model takes into account 
        terrain, building structures, and other land cover variations. 
        The Commission shall establish procedures for the continued 
        refinement in the application of the model by the use of 
        additional data as it becomes available.
            ``(4) Objective verification.--
                    ``(A) In general.--If a subscriber's request for a 
                waiver under paragraph (2) is rejected and the 
                subscriber submits to the subscriber's satellite carrier 
                a request for a test verifying the subscriber's 
                inability to receive a signal that meets the signal 
                intensity standard in effect under section 119(d)(10)(A) 
                of title 17, United States Code, the satellite carrier 
                and the network station or stations asserting that

[[Page 113 STAT. 1501A-536]]

                the retransmission is prohibited with respect to that 
                subscriber shall select a qualified and independent 
                person to conduct a test in accordance with section 
                73.686(d) of its regulations (47 CFR 73.686(d)), or any 
                successor regulation. Such test shall be conducted 
                within 30 days after the date the subscriber submits a 
                request for the test. If the written findings and 
                conclusions of a test conducted in accordance with such 
                section (or any successor regulation) demonstrate that 
                the subscriber does not receive a signal that meets or 
                exceeds the signal intensity standard in effect under 
                section 119(d)(10)(A) of title 17, United States Code, 
                the subscriber shall not be denied the retransmission of 
                a signal of a network station under section 119 of title 
                17, United States Code.
                    ``(B) Designation of tester and allocation of 
                costs.--If the satellite carrier and the network station 
                or stations asserting that the retransmission is 
                prohibited are unable to agree on such a person to 
                conduct the test, the person shall be designated by an 
                independent and neutral entity designated by the 
                Commission by rule. Unless the satellite carrier and the 
                network station or stations otherwise agree, the costs 
                of conducting the test under this paragraph shall be 
                borne by the satellite carrier, if the station's signal 
                meets or exceeds the signal intensity standard in effect 
                under section 119(d)(10)(A) of title 17, United States 
                Code, or by the network station, if its signal fails to 
                meet or exceed such standard.
                    ``(C) Avoidance of undue burden.--Commission 
                regulations prescribed under this paragraph shall seek 
                to avoid any undue burden on any party.

    ``(d) Definitions.--For the purposes of this section:
            ``(1) Local market.--The term `local market' has the meaning 
        given that term under section 122( j) of title 17, United States 
        Code.
            ``(2) Nationally distributed superstation.--The term 
        `nationally distributed superstation' means a television 
        broadcast station, licensed by the Commission, that--
                    ``(A) is not owned or operated by or affiliated with 
                a television network that, as of January 1, 1995, 
                offered interconnected program service on a regular 
                basis for 15 or more hours per week to at least 25 
                affiliated television licensees in 10 or more States;
                    ``(B) on May 1, 1991, was retransmitted by a 
                satellite carrier and was not a network station at that 
                time; and
                    ``(C) was, as of July 1, 1998, retransmitted by a 
                satellite carrier under the statutory license of section 
                119 of title 17, United States Code.
            ``(3) Network station.--The term `network station' has the 
        meaning given such term under section 119(d) of title 17, United 
        States Code.
            ``(4) Satellite carrier.--The term `satellite carrier' has 
        the meaning given such term under section 119(d) of title 17, 
        United States Code.
            ``(5) Television network.--The term `television network' 
        means a television network in the United States which offers an 
        interconnected program service on a regular basis for 15

[[Page 113 STAT. 1501A-537]]

        or more hours per week to at least 25 affiliated broadcast 
        stations in 10 or more States.''.

    (b) Network Station Definition.--Section 119(d)(2) of title 17, 
United States Code, is amended--
            (1) in subparagraph (B) by striking the period and inserting 
        a semicolon; and
            (2) by adding after subparagraph (B) the following:

``except that the term does not include the signal of the Alaska Rural 
Communications Service, or any successor entity to that service.''.

SEC. 1009. RETRANSMISSION CONSENT.

    (a) In General.--Section 325(b) of the Communications Act of 1934 
(47 U.S.C. 325(b)) is amended--
            (1) by amending paragraphs (1) and (2) to read as follows:

    ``(b)(1) No cable system or other multichannel video programming 
distributor shall retransmit the signal of a broadcasting station, or 
any part thereof, except--
            ``(A) with the express authority of the originating station;
            ``(B) under section 614, in the case of a station electing, 
        in accordance with this subsection, to assert the right to 
        carriage under such section; or
            ``(C) under section 338, in the case of a station electing, 
        in accordance with this subsection, to assert the right to 
        carriage under such section.

    ``(2) This subsection shall not apply--
            ``(A) to retransmission of the signal of a noncommercial 
        television broadcast station;
            ``(B) to retransmission of the signal of a television 
        broadcast station outside the station's local market by a 
        satellite carrier directly to its subscribers, if--
                    ``(i) such station was a superstation on May 1, 
                1991;
                    ``(ii) as of July 1, 1998, such station was 
                retransmitted by a satellite carrier under the statutory 
                license of section 119 of title 17, United States Code; 
                and
                    ``(iii) the satellite carrier complies with any 
                network nonduplication, syndicated exclusivity, and 
                sports blackout rules adopted by the Commission under 
                section 339(b) of this Act;
            ``(C) until December 31, 2004, to retransmission of the 
        signals of network stations directly to a home satellite 
        antenna, if the subscriber receiving the signal--
                    ``(i) is located in an area outside the local market 
                of such stations; and
                    ``(ii) resides in an unserved household;
            ``(D) to retransmission by a cable operator or other 
        multichannel video provider, other than a satellite carrier, of 
        the signal of a television broadcast station outside the 
        station's local market if such signal was obtained from a 
        satellite carrier and--
                    ``(i) the originating station was a superstation on 
                May 1, 1991; and
                    ``(ii) as of July 1, 1998, such station was 
                retransmitted by a satellite carrier under the statutory 
                license of section 119 of title 17, United States Code; 
                or
            ``(E) during the 6-month period beginning on the date of the 
        enactment of the Satellite Home Viewer Improvement Act

[[Page 113 STAT. 1501A-538]]

        of 1999, to the retransmission of the signal of a television 
        broadcast station within the station's local market by a 
        satellite carrier directly to its subscribers under the 
        statutory license of section 122 of title 17, United States 
        Code.

For purposes of this paragraph, the terms `satellite carrier' and 
`superstation' have the meanings given those terms, respectively, in 
section 119(d) of title 17, United States Code, as in effect on the date 
of the enactment of the Cable Television Consumer Protection and 
Competition Act of 1992, the term `unserved household' has the meaning 
given that term under section 119(d) of such title, and the term `local 
market' has the meaning given that term in section 122( j) of such 
title.'';
            (2) by adding at the end of paragraph (3) the following new 
        subparagraph:

    ``(C) Within 45 days after the date of the enactment of the 
Satellite Home Viewer Improvement Act of 1999, the Commission shall 
commence a rulemaking proceeding to revise the regulations governing the 
exercise by television broadcast stations of the right to grant 
retransmission consent under this subsection, and such other regulations 
as are necessary to administer the limitations contained in paragraph 
(2). The Commission shall complete all actions necessary to prescribe 
such regulations within 1 year after such date of enactment. Such 
regulations shall--
            ``(i) establish election time periods that correspond with 
        those regulations adopted under subparagraph (B) of this 
        paragraph; and
            ``(ii) until January 1, 2006, prohibit a television 
        broadcast station that provides retransmission consent from 
        engaging in exclusive contracts for carriage or failing to 
        negotiate in good faith, and it shall not be a failure to 
        negotiate in good faith if the television broadcast station 
        enters into retransmission consent agreements containing 
        different terms and conditions, including price terms, with 
        different multichannel video programming distributors if such 
        different terms and conditions are based on competitive 
        marketplace considerations.'';
            (3) in paragraph (4), by adding at the end the following new 
        sentence: ``If an originating television station elects under 
        paragraph (3)(C) to exercise its right to grant retransmission 
        consent under this subsection with respect to a satellite 
        carrier, section 338 shall not apply to the carriage of the 
        signal of such station by such satellite carrier.'';
            (4) in paragraph (5), by striking ``614 or 615'' and 
        inserting ``338, 614, or 615''; and
            (5) by adding at the end the following new paragraph:
            ``(7) For purposes of this subsection, the term--
                    ``(A) `network station' has the meaning given such 
                term under section 119(d) of title 17, United States 
                Code; and
                    ``(B) `television broadcast station' means an over-
                the-air commercial or noncommercial television broadcast 
                station licensed by the Commission under subpart E of 
                part 73 of title 47, Code of Federal Regulations, except 
                that such term does not include a low-power or 
                translator television station.''.

    (b) Enforcement Provisions for Consent for Retransmissions.--Section 
325 of the Communications Act of 1934 (47

[[Page 113 STAT. 1501A-539]]

U.S.C. 325) is amended by adding at the end the following new 
subsection:
    ``(e) Enforcement Proceedings Against Satellite Carriers Concerning 
Retransmissions of Television Broadcast Stations in the Respective Local 
Markets of Such Carriers.--
            ``(1) Complaints by television broadcast stations.--If after 
        the expiration of the 6-month period described under subsection 
        (b)(2)(E) a television broadcast station believes that a 
        satellite carrier has retransmitted its signal to any person in 
        the local market of such station in violation of subsection 
        (b)(1), the station may file with the Commission a complaint 
        providing--
                    ``(A) the name, address, and call letters of the 
                station;
                    ``(B) the name and address of the satellite carrier;
                    ``(C) the dates on which the alleged retransmission 
                occurred;
                    ``(D) the street address of at least one person in 
                the local market of the station to whom the alleged 
                retransmission was made;
                    ``(E) a statement that the retransmission was not 
                expressly authorized by the television broadcast 
                station; and
                    ``(F) the name and address of counsel for the 
                station.
            ``(2) Service of complaints on satellite carriers.--For 
        purposes of any proceeding under this subsection, any satellite 
        carrier that retransmits the signal of any broadcast station 
        shall be deemed to designate the Secretary of the Commission as 
        its agent for service of process. A television broadcast station 
        may serve a satellite carrier with a complaint concerning an 
        alleged violation of subsection (b)(1) through retransmission of 
        a station within the local market of such station by filing the 
        original and two copies of the complaint with the Secretary of 
        the Commission and serving a copy of the complaint on the 
        satellite carrier by means of two commonly used overnight 
        delivery services, each addressed to the chief executive officer 
        of the satellite carrier at its principal place of business, and 
        each marked `URGENT LITIGATION MATTER' on the outer packaging. 
        Service shall be deemed complete one business day after a copy 
        of the complaint is provided to the delivery services for 
        overnight delivery. On receipt of a complaint filed by a 
        television broadcast station under this subsection, the 
        Secretary of the Commission shall send the original complaint by 
        United States mail, postage prepaid, receipt requested, 
        addressed to the chief executive officer of the satellite 
        carrier at its principal place of business.
            ``(3) Answers by satellite carriers.--Within five business 
        days after the date of service, the satellite carrier shall file 
        an answer with the Commission and shall serve the answer by a 
        commonly used overnight delivery service and by United States 
        mail, on the counsel designated in the complaint at the address 
        listed for such counsel in the complaint.
            ``(4) Defenses.--
                    ``(A) Exclusive defenses.--The defenses under this 
                paragraph are the exclusive defenses available to a 
                satellite carrier against which a complaint under this 
                subsection is filed.

[[Page 113 STAT. 1501A-540]]

                    ``(B) Defenses.--The defenses referred to under 
                subparagraph (A) are the defenses that--
                          ``(i) the satellite carrier did not retransmit 
                      the television broadcast station to any person in 
                      the local market of the station during the time 
                      period specified in the complaint;
                          ``(ii) the television broadcast station had, 
                      in a writing signed by an officer of the 
                      television broadcast station, expressly authorized 
                      the retransmission of the station by the satellite 
                      carrier to each person in the local market of the 
                      television broadcast station to which the 
                      satellite carrier made such retransmissions for 
                      the entire time period during which it is alleged 
                      that a violation of subsection (b)(1) has 
                      occurred;
                          ``(iii) the retransmission was made after 
                      January 1, 2002, and the television broadcast 
                      station had elected to assert the right to 
                      carriage under section 338 as against the 
                      satellite carrier for the relevant period; or
                          ``(iv) the station being retransmitted is a 
                      noncommercial television broadcast station.
            ``(5) Counting of violations.--The retransmission without 
        consent of a particular television broadcast station on a 
        particular day to one or more persons in the local market of the 
        station shall be considered a separate violation of subsection 
        (b)(1).
            ``(6) Burden of proof.--With respect to each alleged 
        violation, the burden of proof shall be on a television 
        broadcast station to establish that the satellite carrier 
        retransmitted the station to at least one person in the local 
        market of the station on the day in question. The burden of 
        proof shall be on the satellite carrier with respect to all 
        defenses other than the defense under paragraph (4)(B)(i).
            ``(7) Procedures.--
                    ``(A) Regulations.--Within 60 days after the date of 
                the enactment of the Satellite Home Viewer Improvement 
                Act of 1999, the Commission shall issue procedural 
                regulations implementing this subsection which shall 
                supersede procedures under section 312.
                    ``(B) Determinations.--
                          ``(i) In general.--Within 45 days after the 
                      filing of a complaint, the Commission shall issue 
                      a final determination in any proceeding brought 
                      under this subsection. The Commission's final 
                      determination shall specify the number of 
                      violations committed by the satellite carrier. The 
                      Commission shall hear witnesses only if it clearly 
                      appears, based on written filings by the parties, 
                      that there is a genuine dispute about material 
                      facts. Except as provided in the preceding 
                      sentence, the Commission may issue a final ruling 
                      based on written filings by the parties.
                          ``(ii) Discovery.--The Commission may direct 
                      the parties to exchange pertinent documents, and 
                      if necessary to take prehearing depositions, on 
                      such schedule as the Commission may approve, but 
                      only if the Commission first determines that such 
                      discovery is necessary to resolve a genuine 
                      dispute about material

[[Page 113 STAT. 1501A-541]]

                      facts, consistent with the obligation to make a 
                      final determination within 45 days.
            ``(8) Relief.--If the Commission determines that a satellite 
        carrier has retransmitted the television broadcast station to at 
        least one person in the local market of such station and has 
        failed to meet its burden of proving one of the defenses under 
        paragraph (4) with respect to such retransmission, the 
        Commission shall be required to--
                    ``(A) make a finding that the satellite carrier 
                violated subsection (b)(1) with respect to that station; 
                and
                    ``(B) issue an order, within 45 days after the 
                filing of the complaint, containing--
                          ``(i) a cease-and-desist order directing the 
                      satellite carrier immediately to stop making any 
                      further retransmissions of the television 
                      broadcast station to any person within the local 
                      market of such station until such time as the 
                      Commission determines that the satellite carrier 
                      is in compliance with subsection (b)(1) with 
                      respect to such station;
                          ``(ii) if the satellite carrier is found to 
                      have violated subsection (b)(1) with respect to 
                      more than two television broadcast stations, a 
                      cease-and-desist order directing the satellite 
                      carrier to stop making any further retransmission 
                      of any television broadcast station to any person 
                      within the local market of such station, until 
                      such time as the Commission, after giving notice 
                      to the station, that the satellite carrier is in 
                      compliance with subsection (b)(1) with respect to 
                      such stations; and
                          ``(iii) an award to the complainant of that 
                      complainant's costs and reasonable attorney's 
                      fees.
            ``(9) Court proceedings on enforcement of commission 
        order.--
                    ``(A) In general.--On entry by the Commission of a 
                final order granting relief under this subsection--
                          ``(i) a television broadcast station may apply 
                      within 30 days after such entry to the United 
                      States District Court for the Eastern District of 
                      Virginia for a final judgment enforcing all relief 
                      granted by the Commission; and
                          ``(ii) the satellite carrier may apply within 
                      30 days after such entry to the United States 
                      District Court for the Eastern District of 
                      Virginia for a judgment reversing the Commission's 
                      order.
                    ``(B) Appeal.--The procedure for an appeal under 
                this paragraph by the satellite carrier shall supersede 
                any other appeal rights under Federal or State law. A 
                United States district court shall be deemed to have 
                personal jurisdiction over the satellite carrier if the 
                carrier, or a company under common control with the 
                satellite carrier, has delivered television programming 
                by satellite to more than 30 customers in that district 
                during the preceding 4-year period. If the United States 
                District Court for the Eastern District of Virginia does 
                not have personal jurisdiction over the satellite 
                carrier, an enforcement action or appeal shall be 
                brought in the United States District Court for the 
                District of Columbia, which may find personal 
                jurisdiction based

[[Page 113 STAT. 1501A-542]]

                on the satellite carrier's ownership of licenses issued 
                by the Commission. An application by a television 
                broadcast station for an order enforcing any cease-and-
                desist relief granted by the Commission shall be 
                resolved on a highly expedited schedule. No discovery 
                may be conducted by the parties in any such proceeding. 
                The district court shall enforce the Commission order 
                unless the Commission record reflects manifest error and 
                an abuse of discretion by the Commission.
            ``(10) Civil action for statutory damages.--Within 6 months 
        after issuance of an order by the Commission under this 
        subsection, a television broadcast station may file a civil 
        action in any United States district court that has personal 
        jurisdiction over the satellite carrier for an award of 
        statutory damages for any violation that the Commission has 
        determined to have been committed by a satellite carrier under 
        this subsection. Such action shall not be subject to transfer 
        under section 1404(a) of title 28, United States Code. On 
        finding that the satellite carrier has committed one or more 
        violations of subsection (b), the District Court shall be 
        required to award the television broadcast station statutory 
        damages of $25,000 per violation, in accordance with paragraph 
        (5), and the costs and attorney's fees incurred by the station. 
        Such statutory damages shall be awarded only if the television 
        broadcast station has filed a binding stipulation with the court 
        that such station will donate the full amount in excess of 
        $1,000 of any statutory damage award to the United States 
        Treasury for public purposes. Notwithstanding any other 
        provision of law, a station shall incur no tax liability of any 
        kind with respect to any amounts so donated. Discovery may be 
        conducted by the parties in any proceeding under this paragraph 
        only if and to the extent necessary to resolve a genuinely 
        disputed issue of fact concerning one of the defenses under 
        paragraph (4). In any such action, the defenses under paragraph 
        (4) shall be exclusive, and the burden of proof shall be on the 
        satellite carrier with respect to all defenses other than the 
        defense under paragraph (4)(B)(i). A judgment under this 
        paragraph may be enforced in any manner permissible under 
        Federal or State law.
            ``(11) Appeals.--
                    ``(A) In general.--The nonprevailing party before a 
                United States district court may appeal a decision under 
                this subsection to the United States Court of Appeals 
                with jurisdiction over that district court. The Court of 
                Appeals shall not issue any stay of the effectiveness of 
                any decision granting relief against a satellite carrier 
                unless the carrier presents clear and convincing 
                evidence that it is highly likely to prevail on appeal 
                and only after posting a bond for the full amount of any 
                monetary award assessed against it and for such further 
                amount as the Court of Appeals may believe appropriate.
                    ``(B) Appeal.--If the Commission denies relief in 
                response to a complaint filed by a television broadcast 
                station under this subsection, the television broadcast 
                station filing the complaint may file an appeal with the 
                United States Court of Appeals for the District of 
                Columbia Circuit.

[[Page 113 STAT. 1501A-543]]

            ``(12) Sunset.--No complaint or civil action may be filed 
        under this subsection after December 31, 2001. This subsection 
        shall continue to apply to any complaint or civil action filed 
        on or before such date.''.

SEC. 1010. SEVERABILITY.

    If any provision of section 325(b) of the Communications Act of 1934 
(47 U.S.C. 325(b)), or the application of that provision to any person 
or circumstance, is held by a court of competent jurisdiction to violate 
any provision of the Constitution of the United States, then the other 
provisions of that section, and the application of that provision to 
other persons and circumstances, shall not be affected.

SEC. 1011. TECHNICAL AMENDMENTS.

    (a) Technical Amendments Relating to Cable Systems.--Title 17, 
United States Code, is amended as follows:
            (1) Such title is amended by striking ``programing'' each 
        place it appears and inserting ``programming''.
            (2) Section 111 is amended by striking ``compulsory'' each 
        place it appears and inserting ``statutory''.
            (3) Section 510(b) is amended by striking ``compulsory'' and 
        inserting ``statutory''.

    (b) Technical Amendments Relating to Performance or Displays Of 
Works.--
            (1) Section 111 of title 17, United States Code, is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``primary transmission 
                embodying a performance or display of a work'' and 
                inserting ``performance or display of a work embodied in 
                a primary transmission'';
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``primary transmission 
                embodying a performance or display of a work'' and 
                inserting ``performance or display of a work embodied in 
                a primary transmission''; and
                    (C) in subsection (c)--
                          (i) in paragraph (1)--
                                    (I) by inserting ``a performance or 
                                display of a work embodied in'' after 
                                ``by a cable system of''; and
                                    (II) by striking ``and embodying a 
                                performance or display of a work''; and
                          (ii) in paragraphs (3) and (4)--
                                    (I) by striking ``a primary 
                                transmission'' and inserting ``a 
                                performance or display of a work 
                                embodied in a primary transmission''; 
                                and
                                    (II) by striking ``and embodying a 
                                performance or display of a work''.
            (2) Section 119(a) of title 17, United States Code, is 
        amended--
                    (A) in paragraph (1), by striking ``primary 
                transmission made by a superstation and embodying a 
                performance or display of a work'' and inserting 
                ``performance or display of a work embodied in a primary 
                transmission made by a superstation'';

[[Page 113 STAT. 1501A-544]]

                    (B) in paragraph (2)(A), by striking ``programming'' 
                and all that follows through ``a work'' and inserting 
                ``a performance or display of a work embodied in a 
                primary transmission made by a network station'';
                    (C) in paragraph (4)--
                          (i) by inserting ``a performance or display of 
                      a work embodied in'' after ``by a satellite 
                      carrier of''; and
                          (ii) by striking ``and embodying a performance 
                      or display of a work''; and
                    (D) in paragraph (6)--
                          (i) by inserting ``performance or display of a 
                      work embodied in'' after ``by a satellite carrier 
                      of''; and
                          (ii) by striking ``and embodying a performance 
                      or display of a work''.
            (3) Section 501(e) of title 17, United States Code, is 
        amended by striking ``primary transmission embodying the 
        performance or display of a work'' and inserting ``performance 
        or display of a work embodied in a primary transmission''.

    (c) Conforming Amendment.--Section 119(a)(2)(C) of title 17, United 
States Code, is amended in the first sentence by striking ``currently''.
    (d) Work Made for Hire.--Section 101 of title 17, United States 
Code, is amended in the definition relating to work for hire in 
paragraph (2) by inserting ``as a sound recording,'' after ``audiovisual 
work''.

SEC. 1012. EFFECTIVE DATES.

    Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 (and the 
amendments made by such sections) shall take effect on the date of the 
enactment of this Act. The amendments made by sections 1002, 1004, and 
1006 shall be effective as of July 1, 1999.

                TITLE II--RURAL LOCAL TELEVISION SIGNALS

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Rural Local Broadcast Signal Act''.
SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED 
                          MARKETS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Communications Commission (``the 
Commission'') shall take all actions necessary to make a determination 
regarding licenses or other authorizations for facilities that will 
utilize, for delivering local broadcast television station signals to 
satellite television subscribers in unserved and underserved local 
television markets, spectrum otherwise allocated to commercial use.
    (b) Rules.--
            (1) Form of business.--To the extent not inconsistent with 
        the Communications Act of 1934 and the Commission's rules, the 
        Commission shall permit applicants under subsection

[[Page 113 STAT. 1501A-545]]

        (a) to engage in partnerships, joint ventures, and similar 
        operating arrangements for the purpose of carrying out 
        subsection (a).
            (2) Harmful interference.--The Commission shall ensure that 
        no facility licensed or authorized under subsection (a) causes 
        harmful interference to the primary users of that spectrum or to 
        public safety spectrum use.
            (3) Limitation on commission.--Except as provided in 
        paragraphs (1) and (2), the Commission may not restrict any 
        entity granted a license or other authorization under subsection 
        (a) from using any reasonable compression, reformatting, or 
        other technology.

    (c) Report.--Not later than January 1, 2001, the Commission shall 
report to the Agriculture, Appropriations, and the Judiciary Committees 
of the Senate and the House of Representatives, the Senate Committee on 
Commerce, Science, and Transportation, and the House of Representatives 
Committee on Commerce, on the extent to which licenses and other 
authorizations under subsection (a) have facilitated the delivery of 
local signals to satellite television subscribers in unserved and 
underserved local television markets. The report shall include--
            (1) an analysis of the extent to which local signals are 
        being provided by direct-to-home satellite television providers 
        and by other multichannel video program distributors;
            (2) an enumeration of the technical, economic, and other 
        impediments each type of multichannel video programming 
        distributor has encountered; and
            (3) recommendations for specific measures to facilitate the 
        provision of local signals to subscribers in unserved and 
        underserved markets by direct-to-home satellite television 
        providers and by other distributors of multichannel video 
        programming service.

               TITLE III--TRADEMARK CYBERPIRACY PREVENTION

SEC. 3001. SHORT TITLE; REFERENCES.

    (a) Short Title.--This title may be cited as the 
``Anticybersquatting Consumer Protection Act''.
    (b) References to the Trademark Act of 1946.--Any reference in this 
title to the Trademark Act of 1946 shall be a reference to the Act 
entitled ``An Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes'', approved July 5, 
1946 (15 U.S.C. 1051 et seq.).

SEC. 3002. CYBERPIRACY PREVENTION.

    (a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C. 
1125) is amended by inserting at the end the following:
    ``(d)(1)(A) A person shall be liable in a civil action by the owner 
of a mark, including a personal name which is protected as a mark under 
this section, if, without regard to the goods or services of the 
parties, that person--
            ``(i) has a bad faith intent to profit from that mark, 
        including a personal name which is protected as a mark under 
        this section; and

[[Page 113 STAT. 1501A-546]]

            ``(ii) registers, traffics in, or uses a domain name that--
                    ``(I) in the case of a mark that is distinctive at 
                the time of registration of the domain name, is 
                identical or confusingly similar to that mark;
                    ``(II) in the case of a famous mark that is famous 
                at the time of registration of the domain name, is 
                identical or confusingly similar to or dilutive of that 
                mark; or
                    ``(III) is a trademark, word, or name protected by 
                reason of section 706 of title 18, United States Code, 
                or section 220506 of title 36, United States Code.

    ``(B)(i) In determining whether a person has a bad faith intent 
described under subparagraph (A), a court may consider factors such as, 
but not limited to--
            ``(I) the trademark or other intellectual property rights of 
        the person, if any, in the domain name;
            ``(II) the extent to which the domain name consists of the 
        legal name of the person or a name that is otherwise commonly 
        used to identify that person;
            ``(III) the person's prior use, if any, of the domain name 
        in connection with the bona fide offering of any goods or 
        services;
            ``(IV) the person's bona fide noncommercial or fair use of 
        the mark in a site accessible under the domain name;
            ``(V) the person's intent to divert consumers from the mark 
        owner's online location to a site accessible under the domain 
        name that could harm the goodwill represented by the mark, 
        either for commercial gain or with the intent to tarnish or 
        disparage the mark, by creating a likelihood of confusion as to 
        the source, sponsorship, affiliation, or endorsement of the 
        site;
            ``(VI) the person's offer to transfer, sell, or otherwise 
        assign the domain name to the mark owner or any third party for 
        financial gain without having used, or having an intent to use, 
        the domain name in the bona fide offering of any goods or 
        services, or the person's prior conduct indicating a pattern of 
        such conduct;
            ``(VII) the person's provision of material and misleading 
        false contact information when applying for the registration of 
        the domain name, the person's intentional failure to maintain 
        accurate contact information, or the person's prior conduct 
        indicating a pattern of such conduct;
            ``(VIII) the person's registration or acquisition of 
        multiple domain names which the person knows are identical or 
        confusingly similar to marks of others that are distinctive at 
        the time of registration of such domain names, or dilutive of 
        famous marks of others that are famous at the time of 
        registration of such domain names, without regard to the goods 
        or services of the parties; and
            ``(IX) the extent to which the mark incorporated in the 
        person's domain name registration is or is not distinctive and 
        famous within the meaning of subsection (c)(1) of section 43.

    ``(ii) Bad faith intent described under subparagraph (A) shall not 
be found in any case in which the court determines that the person 
believed and had reasonable grounds to believe that the use of the 
domain name was a fair use or otherwise lawful.
    ``(C) In any civil action involving the registration, trafficking, 
or use of a domain name under this paragraph, a court may order

[[Page 113 STAT. 1501A-547]]

the forfeiture or cancellation of the domain name or the transfer of the 
domain name to the owner of the mark.
    ``(D) A person shall be liable for using a domain name under 
subparagraph (A) only if that person is the domain name registrant or 
that registrant's authorized licensee.
    ``(E) As used in this paragraph, the term `traffics in' refers to 
transactions that include, but are not limited to, sales, purchases, 
loans, pledges, licenses, exchanges of currency, and any other transfer 
for consideration or receipt in exchange for consideration.
    ``(2)(A) The owner of a mark may file an in rem civil action against 
a domain name in the judicial district in which the domain name 
registrar, domain name registry, or other domain name authority that 
registered or assigned the domain name is located if--
            ``(i) the domain name violates any right of the owner of a 
        mark registered in the Patent and Trademark Office, or protected 
        under subsection (a) or (c); and
            ``(ii) the court finds that the owner--
                    ``(I) is not able to obtain in personam jurisdiction 
                over a person who would have been a defendant in a civil 
                action under paragraph (1); or
                    ``(II) through due diligence was not able to find a 
                person who would have been a defendant in a civil action 
                under paragraph (1) by--
                          ``(aa) sending a notice of the alleged 
                      violation and intent to proceed under this 
                      paragraph to the registrant of the domain name at 
                      the postal and e-mail address provided by the 
                      registrant to the registrar; and
                          ``(bb) publishing notice of the action as the 
                      court may direct promptly after filing the action.

    ``(B) The actions under subparagraph (A)(ii) shall constitute 
service of process.
    ``(C) In an in rem action under this paragraph, a domain name shall 
be deemed to have its situs in the judicial district in which--
            ``(i) the domain name registrar, registry, or other domain 
        name authority that registered or assigned the domain name is 
        located; or
            ``(ii) documents sufficient to establish control and 
        authority regarding the disposition of the registration and use 
        of the domain name are deposited with the court.

    ``(D)(i) The remedies in an in rem action under this paragraph shall 
be limited to a court order for the forfeiture or cancellation of the 
domain name or the transfer of the domain name to the owner of the mark. 
Upon receipt of written notification of a filed, stamped copy of a 
complaint filed by the owner of a mark in a United States district court 
under this paragraph, the domain name registrar, domain name registry, 
or other domain name authority shall--
            ``(I) expeditiously deposit with the court documents 
        sufficient to establish the court's control and authority 
        regarding the disposition of the registration and use of the 
        domain name to the court; and
            ``(II) not transfer, suspend, or otherwise modify the domain 
        name during the pendency of the action, except upon order of the 
        court.

[[Page 113 STAT. 1501A-548]]

    ``(ii) The domain name registrar or registry or other domain name 
authority shall not be liable for injunctive or monetary relief under 
this paragraph except in the case of bad faith or reckless disregard, 
which includes a willful failure to comply with any such court order.
    ``(3) The civil action established under paragraph (1) and the in 
rem action established under paragraph (2), and any remedy available 
under either such action, shall be in addition to any other civil action 
or remedy otherwise applicable.
    ``(4) The in rem jurisdiction established under paragraph (2) shall 
be in addition to any other jurisdiction that otherwise exists, whether 
in rem or in personam.''.
    (b) Cyberpiracy Protections for Individuals.--
            (1) In general.--
                    (A) Civil liability.--Any person who registers a 
                domain name that consists of the name of another living 
                person, or a name substantially and confusingly similar 
                thereto, without that person's consent, with the 
                specific intent to profit from such name by selling the 
                domain name for financial gain to that person or any 
                third party, shall be liable in a civil action by such 
                person.
                    (B) Exception.--A person who in good faith registers 
                a domain name consisting of the name of another living 
                person, or a name substantially and confusingly similar 
                thereto, shall not be liable under this paragraph if 
                such name is used in, affiliated with, or related to a 
                work of authorship protected under title 17, United 
                States Code, including a work made for hire as defined 
                in section 101 of title 17, United States Code, and if 
                the person registering the domain name is the copyright 
                owner or licensee of the work, the person intends to 
                sell the domain name in conjunction with the lawful 
                exploitation of the work, and such registration is not 
                prohibited by a contract between the registrant and the 
                named person. The exception under this subparagraph 
                shall apply only to a civil action brought under 
                paragraph (1) and shall in no manner limit the 
                protections afforded under the Trademark Act of 1946 (15 
                U.S.C. 1051 et seq.) or other provision of Federal or 
                State law.
            (2) Remedies.--In any civil action brought under paragraph 
        (1), a court may award injunctive relief, including the 
        forfeiture or cancellation of the domain name or the transfer of 
        the domain name to the plaintiff. The court may also, in its 
        discretion, award costs and attorneys fees to the prevailing 
        party.
            (3) Definition.--In this subsection, the term ``domain 
        name'' has the meaning given that term in section 45 of the 
        Trademark Act of 1946 (15 U.S.C. 1127).
            (4) Effective date.--This subsection shall apply to domain 
        names registered on or after the date of the enactment of this 
        Act.

SEC. 3003. DAMAGES AND REMEDIES.

    (a) Remedies in Cases of Domain Name Piracy.--
            (1) Injunctions.--Section 34(a) of the Trademark Act of 1946 
        (15 U.S.C. 1116(a)) is amended in the first sentence by striking 
        ``(a) or (c)'' and inserting ``(a), (c), or (d)''.

[[Page 113 STAT. 1501A-549]]

            (2) Damages.--Section 35(a) of the Trademark Act of 1946 (15 
        U.S.C. 1117(a)) is amended in the first sentence by inserting 
        ``, (c), or (d)'' after ``section 43(a)''.

    (b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15 
U.S.C. 1117) is amended by adding at the end the following:
    ``(d) In a case involving a violation of section 43(d)(1), the 
plaintiff may elect, at any time before final judgment is rendered by 
the trial court, to recover, instead of actual damages and profits, an 
award of statutory damages in the amount of not less than $1,000 and not 
more than $100,000 per domain name, as the court considers just.

SEC. 3004. LIMITATION ON LIABILITY.

    Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is 
amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``under section 43(a)'' and inserting ``under section 43 (a) or 
        (d)''; and
            (2) by redesignating subparagraph (D) as subparagraph (E) 
        and inserting after subparagraph (C) the following:
            ``(D)(i)(I) A domain name registrar, a domain name registry, 
        or other domain name registration authority that takes any 
        action described under clause (ii) affecting a domain name shall 
        not be liable for monetary relief or, except as provided in 
        subclause (II), for injunctive relief, to any person for such 
        action, regardless of whether the domain name is finally 
        determined to infringe or dilute the mark.
            ``(II) A domain name registrar, domain name registry, or 
        other domain name registration authority described in subclause 
        (I) may be subject to injunctive relief only if such registrar, 
        registry, or other registration authority has--
                    ``(aa) not expeditiously deposited with a court, in 
                which an action has been filed regarding the disposition 
                of the domain name, documents sufficient for the court 
                to establish the court's control and authority regarding 
                the disposition of the registration and use of the 
                domain name;
                    ``(bb) transferred, suspended, or otherwise modified 
                the domain name during the pendency of the action, 
                except upon order of the court; or
                    ``(cc) willfully failed to comply with any such 
                court order.
            ``(ii) An action referred to under clause (i)(I) is any 
        action of refusing to register, removing from registration, 
        transferring, temporarily disabling, or permanently canceling a 
        domain name--
                    ``(I) in compliance with a court order under section 
                43(d); or
                    ``(II) in the implementation of a reasonable policy 
                by such registrar, registry, or authority prohibiting 
                the registration of a domain name that is identical to, 
                confusingly similar to, or dilutive of another's mark.
            ``(iii) A domain name registrar, a domain name registry, or 
        other domain name registration authority shall not be liable for 
        damages under this section for the registration or maintenance 
        of a domain name for another absent a showing of

[[Page 113 STAT. 1501A-550]]

        bad faith intent to profit from such registration or maintenance 
        of the domain name.
            ``(iv) If a registrar, registry, or other registration 
        authority takes an action described under clause (ii) based on a 
        knowing and material misrepresentation by any other person that 
        a domain name is identical to, confusingly similar to, or 
        dilutive of a mark, the person making the knowing and material 
        misrepresentation shall be liable for any damages, including 
        costs and attorney's fees, incurred by the domain name 
        registrant as a result of such action. The court may also grant 
        injunctive relief to the domain name registrant, including the 
        reactivation of the domain name or the transfer of the domain 
        name to the domain name registrant.
            ``(v) A domain name registrant whose domain name has been 
        suspended, disabled, or transferred under a policy described 
        under clause (ii)(II) may, upon notice to the mark owner, file a 
        civil action to establish that the registration or use of the 
        domain name by such registrant is not unlawful under this Act. 
        The court may grant injunctive relief to the domain name 
        registrant, including the reactivation of the domain name or 
        transfer of the domain name to the domain name registrant.''.

SEC. 3005. DEFINITIONS.

    Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended 
by inserting after the undesignated paragraph defining the term 
``counterfeit'' the following:
    ``The term `domain name' means any alphanumeric designation which is 
registered with or assigned by any domain name registrar, domain name 
registry, or other domain name registration authority as part of an 
electronic address on the Internet.
    ``The term `Internet' has the meaning given that term in section 
230(f )(1) of the Communications Act of 1934 (47 U.S.C. 230(f )(1)).''.
SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING 
                          PERSONAL NAMES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce, in consultation with 
the Patent and Trademark Office and the Federal Election Commission, 
shall conduct a study and report to Congress with recommendations on 
guidelines and procedures for resolving disputes involving the 
registration or use by a person of a domain name that includes the 
personal name of another person, in whole or in part, or a name 
confusingly similar thereto, including consideration of and 
recommendations for--
            (1) protecting personal names from registration by another 
        person as a second level domain name for purposes of selling or 
        otherwise transferring such domain name to such other person or 
        any third party for financial gain;
            (2) protecting individuals from bad faith uses of their 
        personal names as second level domain names by others with 
        malicious intent to harm the reputation of the individual or the 
        goodwill associated with that individual's name;
            (3) protecting consumers from the registration and use of 
        domain names that include personal names in the second level 
        domain in manners which are intended or are likely to confuse or 
        deceive the public as to the affiliation, connection, or 
        association of the domain name registrant, or a site accessible

[[Page 113 STAT. 1501A-551]]

        under the domain name, with such other person, or as to the 
        origin, sponsorship, or approval of the goods, services, or 
        commercial activities of the domain name registrant;
            (4) protecting the public from registration of domain names 
        that include the personal names of government officials, 
        official candidates, and potential official candidates for 
        Federal, State, or local political office in the United States, 
        and the use of such domain names in a manner that disrupts the 
        electoral process or the public's ability to access accurate and 
        reliable information regarding such individuals;
            (5) existing remedies, whether under State law or otherwise, 
        and the extent to which such remedies are sufficient to address 
        the considerations described in paragraphs (1) through (4); and
            (6) the guidelines, procedures, and policies of the Internet 
        Corporation for Assigned Names and Numbers and the extent to 
        which they address the considerations described in paragraphs 
        (1) through (4).

    (b) Guidelines and Procedures.--The Secretary of Commerce shall, 
under its Memorandum of Understanding with the Internet Corporation for 
Assigned Names and Numbers, collaborate to develop guidelines and 
procedures for resolving disputes involving the registration or use by a 
person of a domain name that includes the personal name of another 
person, in whole or in part, or a name confusingly similar thereto.

SEC. 3007. HISTORIC PRESERVATION.

    Section 101(a)(1)(A) of the National Historic Preservation Act (16 
U.S.C. 470a(a)(1)(A)) is amended by adding at the end the following: 
``Notwithstanding section 43(c) of the Act entitled `An Act to provide 
for the registration and protection of trademarks used in commerce, to 
carry out the provisions of certain international conventions, and for 
other purposes', approved July 5, 1946 (commonly known as the `Trademark 
Act of 1946' (15 U.S.C. 1125(c))), buildings and structures on or 
eligible for inclusion on the National Register of Historic Places 
(either individually or as part of a historic district), or designated 
as an individual landmark or as a contributing building in a historic 
district by a unit of State or local government, may retain the name 
historically associated with the building or structure.''.

SEC. 3008. SAVINGS CLAUSE.

    Nothing in this title shall affect any defense available to a 
defendant under the Trademark Act of 1946 (including any defense under 
section 43(c)(4) of such Act or relating to fair use) or a person's 
right of free speech or expression under the first amendment of the 
United States Constitution.

SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.

    Chapter 85 of title 28, United States Code, is amended as follows:
            (1) Section 1338 of title 28, United States Code, is 
        amended--
                    (A) in the section heading by striking ``trade-
                marks'' and inserting ``trademarks'';
                    (B) in subsection (a) by striking ``trade-marks'' 
                and inserting ``trademarks''; and

[[Page 113 STAT. 1501A-552]]

                    (C) in subsection (b) by striking ``trade-mark'' and 
                inserting ``trademark''.
            (2) The item relating to section 1338 in the table of 
        sections for chapter 85 of title 28, United States Code, is 
        amended by striking ``trade-marks'' and inserting 
        ``trademarks''.

SEC. 3010. EFFECTIVE DATE.

    Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall 
apply to all domain names registered before, on, or after the date of 
the enactment of this Act, except that damages under subsection (a) or 
(d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as 
amended by section 3003 of this title, shall not be available with 
respect to the registration, trafficking, or use of a domain name that 
occurs before the date of the enactment of this Act.

                      TITLE IV--INVENTOR PROTECTION

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``American Inventors Protection Act 
of 1999''.

                      Subtitle A--Inventors' Rights

SEC. 4101. SHORT TITLE.

    This subtitle may be cited as the ``Inventors' Rights Act of 1999''.

SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.

    (a) In General.--Chapter 29 of title 35, United States Code, is 
amended by adding at the end the following new section:

``Sec. 297. Improper and deceptive invention promotion

    ``(a) In General.--An invention promoter shall have a duty to 
disclose the following information to a customer in writing, prior to 
entering into a contract for invention promotion services--
            ``(1) the total number of inventions evaluated by the 
        invention promoter for commercial potential in the past 5 years, 
        as well as the number of those inventions that received positive 
        evaluations, and the number of those inventions that received 
        negative evaluations;
            ``(2) the total number of customers who have contracted with 
        the invention promoter in the past 5 years, not including 
        customers who have purchased trade show services, research, 
        advertising, or other nonmarketing services from the invention 
        promoter, or who have defaulted in their payment to the 
        invention promoter;
            ``(3) the total number of customers known by the invention 
        promoter to have received a net financial profit as a direct 
        result of the invention promotion services provided by such 
        invention promoter;
            ``(4) the total number of customers known by the invention 
        promoter to have received license agreements for their 
        inventions as a direct result of the invention promotion 
        services provided by such invention promoter; and
            ``(5) the names and addresses of all previous invention 
        promotion companies with which the invention promoter or

[[Page 113 STAT. 1501A-553]]

        its officers have collectively or individually been affiliated 
        in the previous 10 years.

    ``(b) Civil Action.--(1) Any customer who enters into a contract 
with an invention promoter and who is found by a court to have been 
injured by any material false or fraudulent statement or representation, 
or any omission of material fact, by that invention promoter (or any 
agent, employee, director, officer, partner, or independent contractor 
of such invention promoter), or by the failure of that invention 
promoter to disclose such information as required under subsection (a), 
may recover in a civil action against the invention promoter (or the 
officers, directors, or partners of such invention promoter), in 
addition to reasonable costs and attorneys' fees--
            ``(A) the amount of actual damages incurred by the customer; 
        or
            ``(B) at the election of the customer at any time before 
        final judgment is rendered, statutory damages in a sum of not 
        more than $5,000, as the court considers just.

    ``(2) Notwithstanding paragraph (1), in a case where the customer 
sustains the burden of proof, and the court finds, that the invention 
promoter intentionally misrepresented or omitted a material fact to such 
customer, or willfully failed to disclose such information as required 
under subsection (a), with the purpose of deceiving that customer, the 
court may increase damages to not more than three times the amount 
awarded, taking into account past complaints made against the invention 
promoter that resulted in regulatory sanctions or other corrective 
actions based on those records compiled by the Commissioner of Patents 
under subsection (d).
    ``(c) Definitions.--For purposes of this section--
            ``(1) a `contract for invention promotion services' means a 
        contract by which an invention promoter undertakes invention 
        promotion services for a customer;
            ``(2) a `customer' is any individual who enters into a 
        contract with an invention promoter for invention promotion 
        services;
            ``(3) the term `invention promoter' means any person, firm, 
        partnership, corporation, or other entity who offers to perform 
        or performs invention promotion services for, or on behalf of, a 
        customer, and who holds itself out through advertising in any 
        mass media as providing such services, but does not include--
                    ``(A) any department or agency of the Federal 
                Government or of a State or local government;
                    ``(B) any nonprofit, charitable, scientific, or 
                educational organization, qualified under applicable 
                State law or described under section 170(b)(1)(A) of the 
                Internal Revenue Code of 1986;
                    ``(C) any person or entity involved in the 
                evaluation to determine commercial potential of, or 
                offering to license or sell, a utility patent or a 
                previously filed nonprovisional utility patent 
                application;
                    ``(D) any party participating in a transaction 
                involving the sale of the stock or assets of a business; 
                or
                    ``(E) any party who directly engages in the business 
                of retail sales of products or the distribution of 
                products; and

[[Page 113 STAT. 1501A-554]]

            ``(4) the term `invention promotion services' means the 
        procurement or attempted procurement for a customer of a firm, 
        corporation, or other entity to develop and market products or 
        services that include the invention of the customer.

    ``(d) Records of Complaints.--
            ``(1) Release of complaints.--The Commissioner of Patents 
        shall make all complaints received by the Patent and Trademark 
        Office involving invention promoters publicly available, 
        together with any response of the invention promoters. The 
        Commissioner of Patents shall notify the invention promoter of a 
        complaint and provide a reasonable opportunity to reply prior to 
        making such complaint publicly available.
            ``(2) Request for complaints.--The Commissioner of Patents 
        may request complaints relating to invention promotion services 
        from any Federal or State agency and include such complaints in 
        the records maintained under paragraph (1), together with any 
        response of the invention promoters.''.

    (b) Conforming Amendment.--The table of sections at the beginning of 
chapter 29 of title 35, United States Code, is amended by adding at the 
end the following new item:

``297. Improper and deceptive invention promotion.''.

SEC. 4103. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect 60 days after the date of the enactment of this Act.

              Subtitle B--Patent and Trademark Fee Fairness

SEC. 4201. SHORT TITLE.

    This subtitle may be cited as the ``Patent and Trademark Fee 
Fairness Act of 1999''.

SEC. 4202. ADJUSTMENT OF PATENT FEES.

    (a) Original Filing Fee.--Section 41(a)(1)(A) of title 35, United 
States Code, relating to the fee for filing an original patent 
application, is amended by striking ``$760'' and inserting ``$690''.
    (b) Reissue Fee.--Section 41(a)(4)(A) of title 35, United States 
Code, relating to the fee for filing for a reissue of a patent, is 
amended by striking ``$760'' and inserting ``$690''.
    (c) National Fee for Certain International Applications.--Section 
41(a)(10) of title 35, United States Code, relating to the national fee 
for certain international applications, is amended by striking ``$760'' 
and inserting ``$690''.
    (d) Maintenance Fees.--Section 41(b)(1) of title 35, United States 
Code, relating to certain maintenance fees, is amended by striking 
``$940'' and inserting ``$830''.

SEC. 4203. ADJUSTMENT OF TRADEMARK FEES.

    Notwithstanding the second sentence of section 31(a) of the 
Trademark Act of 1946 (15 U.S.C. 111(a)), the Under Secretary of 
Commerce for Intellectual Property and Director of the United States 
Patent and Trademark Office is authorized in fiscal year 2000 to adjust 
trademark fees without regard to fluctuations in the Consumer Price 
Index during the preceding 12 months.

[[Page 113 STAT. 1501A-555]]

SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.

    The Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office shall conduct 
a study of alternative fee structures that could be adopted by the 
United States Patent and Trademark Office to encourage maximum 
participation by the inventor community in the United States. The 
Director shall submit such study to the Committees on the Judiciary of 
the House of Representatives and the Senate not later than 1 year after 
the date of the enactment of this Act.

SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.

    Section 42(c) of title 35, United States Code, is amended in the 
second sentence--
            (1) by striking ``Fees available'' and inserting ``All fees 
        available''; and
            (2) by striking ``may'' and inserting ``shall''.

SEC. 4206. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle shall take effect on the date of the 
enactment of this Act.
    (b) Section 4202.--The amendments made by section 4202 of this 
subtitle shall take effect 30 days after the date of the enactment of 
this Act.

                   Subtitle C--First Inventor Defense

SEC. 4301. SHORT TITLE.

    This subtitle may be cited as the ``First Inventor Defense Act of 
1999''.
SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER 
                          INVENTOR.

    (a) Defense.--Chapter 28 of title 35, United States Code, is amended 
by adding at the end the following new section:

``Sec. 273. Defense to infringement based on earlier inventor

    ``(a) Definitions.--For purposes of this section--
            ``(1) the terms `commercially used' and `commercial use' 
        mean use of a method in the United States, so long as such use 
        is in connection with an internal commercial use or an actual 
        arm's-length sale or other arm's-length commercial transfer of a 
        useful end result, whether or not the subject matter at issue is 
        accessible to or otherwise known to the public, except that the 
        subject matter for which commercial marketing or use is subject 
        to a premarketing regulatory review period during which the 
        safety or efficacy of the subject matter is established, 
        including any period specified in section 156(g), shall be 
        deemed `commercially used' and in `commercial use' during such 
        regulatory review period;
            ``(2) in the case of activities performed by a nonprofit 
        research laboratory, or nonprofit entity such as a university, 
        research center, or hospital, a use for which the public is the 
        intended beneficiary shall be considered to be a use described 
        in paragraph (1), except that the use--

[[Page 113 STAT. 1501A-556]]

                    ``(A) may be asserted as a defense under this 
                section only for continued use by and in the laboratory 
                or nonprofit entity; and
                    ``(B) may not be asserted as a defense with respect 
                to any subsequent commercialization or use outside such 
                laboratory or nonprofit entity;
            ``(3) the term `method' means a method of doing or 
        conducting business; and
            ``(4) the `effective filing date' of a patent is the earlier 
        of the actual filing date of the application for the patent or 
        the filing date of any earlier United States, foreign, or 
        international application to which the subject matter at issue 
        is entitled under section 119, 120, or 365 of this title.

    ``(b) Defense to Infringement.--
            ``(1) In general.--It shall be a defense to an action for 
        infringement under section 271 of this title with respect to any 
        subject matter that would otherwise infringe one or more claims 
        for a method in the patent being asserted against a person, if 
        such person had, acting in good faith, actually reduced the 
        subject matter to practice at least 1 year before the effective 
        filing date of such patent, and commercially used the subject 
        matter before the effective filing date of such patent.
            ``(2) Exhaustion of right.--The sale or other disposition of 
        a useful end product produced by a patented method, by a person 
        entitled to assert a defense under this section with respect to 
        that useful end result shall exhaust the patent owner's rights 
        under the patent to the extent such rights would have been 
        exhausted had such sale or other disposition been made by the 
        patent owner.
            ``(3) Limitations and qualifications of defense.--The 
        defense to infringement under this section is subject to the 
        following:
                    ``(A) Patent.--A person may not assert the defense 
                under this section unless the invention for which the 
                defense is asserted is for a method.
                    ``(B) Derivation.--A person may not assert the 
                defense under this section if the subject matter on 
                which the defense is based was derived from the patentee 
                or persons in privity with the patentee.
                    ``(C) Not a general license.--The defense asserted 
                by a person under this section is not a general license 
                under all claims of the patent at issue, but extends 
                only to the specific subject matter claimed in the 
                patent with respect to which the person can assert a 
                defense under this chapter, except that the defense 
                shall also extend to variations in the quantity or 
                volume of use of the claimed subject matter, and to 
                improvements in the claimed subject matter that do not 
                infringe additional specifically claimed subject matter 
                of the patent.
            ``(4) Burden of proof.--A person asserting the defense under 
        this section shall have the burden of establishing the defense 
        by clear and convincing evidence.
            ``(5) Abandonment of use.--A person who has abandoned 
        commercial use of subject matter may not rely on activities 
        performed before the date of such abandonment in establishing a 
        defense under this section with respect to actions taken after 
        the date of such abandonment.

[[Page 113 STAT. 1501A-557]]

            ``(6) Personal defense.--The defense under this section may 
        be asserted only by the person who performed the acts necessary 
        to establish the defense and, except for any transfer to the 
        patent owner, the right to assert the defense shall not be 
        licensed or assigned or transferred to another person except as 
        an ancillary and subordinate part of a good faith assignment or 
        transfer for other reasons of the entire enterprise or line of 
        business to which the defense relates.
            ``(7) Limitation on sites.--A defense under this section, 
        when acquired as part of a good faith assignment or transfer of 
        an entire enterprise or line of business to which the defense 
        relates, may only be asserted for uses at sites where the 
        subject matter that would otherwise infringe one or more of the 
        claims is in use before the later of the effective filing date 
        of the patent or the date of the assignment or transfer of such 
        enterprise or line of business.
            ``(8) Unsuccessful assertion of defense.--If the defense 
        under this section is pleaded by a person who is found to 
        infringe the patent and who subsequently fails to demonstrate a 
        reasonable basis for asserting the defense, the court shall find 
        the case exceptional for the purpose of awarding attorney fees 
        under section 285 of this title.
            ``(9) Invalidity.--A patent shall not be deemed to be 
        invalid under section 102 or 103 of this title solely because a 
        defense is raised or established under this section.''.

    (b) Conforming Amendment.--The table of sections at the beginning of 
chapter 28 of title 35, United States Code, is amended by adding at the 
end the following new item:

``273. Defense to infringement based on earlier inventor.''.

SEC. 4303. EFFECTIVE DATE AND APPLICABILITY.

    This subtitle and the amendments made by this subtitle shall take 
effect on the date of the enactment of this Act, but shall not apply to 
any action for infringement that is pending on such date of enactment or 
with respect to any subject matter for which an adjudication of 
infringement, including a consent judgment, has been made before such 
date of enactment.

                    Subtitle D--Patent Term Guarantee

SEC. 4401. SHORT TITLE.

    This subtitle may be cited as the ``Patent Term Guarantee Act of 
1999''.

SEC. 4402. PATENT TERM GUARANTEE AUTHORITY.

    (a) Adjustment of Patent Term.--Section 154(b) of title 35, United 
States Code, is amended to read as follows:
    ``(b) Adjustment of Patent Term.--
            ``(1) Patent term guarantees.--
                    ``(A) Guarantee of prompt patent and trademark 
                office responses.--Subject to the limitations under 
                paragraph (2), if the issue of an original patent is 
                delayed due to the failure of the Patent and Trademark 
                Office to--
                          ``(i) provide at least one of the 
                      notifications under section 132 of this title or a 
                      notice of allowance under

[[Page 113 STAT. 1501A-558]]

                      section 151 of this title not later than 14 months 
                      after--
                                    ``(I) the date on which an 
                                application was filed under section 
                                111(a) of this title; or
                                    ``(II) the date on which an 
                                international application fulfilled the 
                                requirements of section 371 of this 
                                title;
                          ``(ii) respond to a reply under section 132, 
                      or to an appeal taken under section 134, within 4 
                      months after the date on which the reply was filed 
                      or the appeal was taken;
                          ``(iii) act on an application within 4 months 
                      after the date of a decision by the Board of 
                      Patent Appeals and Interferences under section 134 
                      or 135 or a decision by a Federal court under 
                      section 141, 145, or 146 in a case in which 
                      allowable claims remain in the application; or
                          ``(iv) issue a patent within 4 months after 
                      the date on which the issue fee was paid under 
                      section 151 and all outstanding requirements were 
                      satisfied,
                the term of the patent shall be extended 1 day for each 
                day after the end of the period specified in clause (i), 
                (ii), (iii), or (iv), as the case may be, until the 
                action described in such clause is taken.
                    ``(B) Guarantee of no more than 3-year application 
                pendency.--Subject to the limitations under paragraph 
                (2), if the issue of an original patent is delayed due 
                to the failure of the United States Patent and Trademark 
                Office to issue a patent within 3 years after the actual 
                filing date of the application in the United States, not 
                including--
                          ``(i) any time consumed by continued 
                      examination of the application requested by the 
                      applicant under section 132(b);
                          ``(ii) any time consumed by a proceeding under 
                      section 135(a), any time consumed by the 
                      imposition of an order under section 181, or any 
                      time consumed by appellate review by the Board of 
                      Patent Appeals and Interferences or by a Federal 
                      court; or
                          ``(iii) any delay in the processing of the 
                      application by the United States Patent and 
                      Trademark Office requested by the applicant except 
                      as permitted by paragraph (3)(C),
                the term of the patent shall be extended 1 day for each 
                day after the end of that 3-year period until the patent 
                is issued.
                    ``(C) Guarantee or adjustments for delays due to 
                interferences, secrecy orders, and appeals.--Subject to 
                the limitations under paragraph (2), if the issue of an 
                original patent is delayed due to--
                          ``(i) a proceeding under section 135(a);
                          ``(ii) the imposition of an order under 
                      section 181; or
                          ``(iii) appellate review by the Board of 
                      Patent Appeals and Interferences or by a Federal 
                      court in a case in which the patent was issued 
                      under a decision in the review reversing an 
                      adverse determination of patentability,

[[Page 113 STAT. 1501A-559]]

                the term of the patent shall be extended 1 day for each 
                day of the pendency of the proceeding, order, or review, 
                as the case may be.
            ``(2) Limitations.--
                    ``(A) In general.--To the extent that periods of 
                delay attributable to grounds specified in paragraph (1) 
                overlap, the period of any adjustment granted under this 
                subsection shall not exceed the actual number of days 
                the issuance of the patent was delayed.
                    ``(B) Disclaimed term.--No patent the term of which 
                has been disclaimed beyond a specified date may be 
                adjusted under this section beyond the expiration date 
                specified in the disclaimer.
                    ``(C) Reduction of period of adjustment.--
                          ``(i) The period of adjustment of the term of 
                      a patent under paragraph (1) shall be reduced by a 
                      period equal to the period of time during which 
                      the applicant failed to engage in reasonable 
                      efforts to conclude prosecution of the 
                      application.
                          ``(ii) With respect to adjustments to patent 
                      term made under the authority of paragraph (1)(B), 
                      an applicant shall be deemed to have failed to 
                      engage in reasonable efforts to conclude 
                      processing or examination of an application for 
                      the cumulative total of any periods of time in 
                      excess of 3 months that are taken to respond to a 
                      notice from the Office making any rejection, 
                      objection, argument, or other request, measuring 
                      such 3-month period from the date the notice was 
                      given or mailed to the applicant.
                          ``(iii) The Director shall prescribe 
                      regulations establishing the circumstances that 
                      constitute a failure of an applicant to engage in 
                      reasonable efforts to conclude processing or 
                      examination of an application.
            ``(3) Procedures for patent term adjustment determination.--
                    ``(A) The Director shall prescribe regulations 
                establishing procedures for the application for and 
                determination of patent term adjustments under this 
                subsection.
                    ``(B) Under the procedures established under 
                subparagraph (A), the Director shall--
                          ``(i) make a determination of the period of 
                      any patent term adjustment under this subsection, 
                      and shall transmit a notice of that determination 
                      with the written notice of allowance of the 
                      application under section 151; and
                          ``(ii) provide the applicant one opportunity 
                      to request reconsideration of any patent term 
                      adjustment determination made by the Director.
                    ``(C) The Director shall reinstate all or part of 
                the cumulative period of time of an adjustment under 
                paragraph (2)(C) if the applicant, prior to the issuance 
                of the patent, makes a showing that, in spite of all due 
                care, the applicant was unable to respond within the 3-
                month period, but in no case shall more than three 
                additional months for each such response beyond the 
                original 3-month period be reinstated.

[[Page 113 STAT. 1501A-560]]

                    ``(D) The Director shall proceed to grant the patent 
                after completion of the Director's determination of a 
                patent term adjustment under the procedures established 
                under this subsection, notwithstanding any appeal taken 
                by the applicant of such determination.
            ``(4) Appeal of patent term adjustment determination.--
                    ``(A) An applicant dissatisfied with a determination 
                made by the Director under paragraph (3) shall have 
                remedy by a civil action against the Director filed in 
                the United States District Court for the District of 
                Columbia within 180 days after the grant of the patent. 
                Chapter 7 of title 5, United States Code, shall apply to 
                such action. Any final judgment resulting in a change to 
                the period of adjustment of the patent term shall be 
                served on the Director, and the Director shall 
                thereafter alter the term of the patent to reflect such 
                change.
                    ``(B) The determination of a patent term adjustment 
                under this subsection shall not be subject to appeal or 
                challenge by a third party prior to the grant of the 
                patent.''.

    (b) Conforming Amendments.--
            (1) Section 282 of title 35, United States Code, is amended 
        in the fourth paragraph by striking ``156 of this title'' and 
        inserting ``154(b) or 156 of this title''.
            (2) Section 1295(a)(4)(C) of title 28, United States Code, 
        is amended by striking ``145 or 146'' and inserting ``145, 146, 
        or 154(b)''.

SEC. 4403. CONTINUED EXAMINATION OF PATENT APPLICATIONS.

    Section 132 of title 35, United States Code, is amended--
            (1) in the first sentence by striking ``Whenever'' and 
        inserting ``(a) Whenever''; and
            (2) by adding at the end the following:

    ``(b) The Director shall prescribe regulations to provide for the 
continued examination of applications for patent at the request of the 
applicant. The Director may establish appropriate fees for such 
continued examination and shall provide a 50 percent reduction in such 
fees for small entities that qualify for reduced fees under section 
41(h)(1) of this title.''.

SEC. 4404. TECHNICAL CLARIFICATION.

    Section 156(a) of title 35, United States Code, is amended in the 
matter preceding paragraph (1) by inserting ``, which shall include any 
patent term adjustment granted under section 154(b),'' after ``the 
original expiration date of the patent''.

SEC. 4405. EFFECTIVE DATE.

    (a) Amendments Made by Sections 4402 and 4404.--The amendments made 
by sections 4402 and 4404 shall take effect on the date that is 6 months 
after the date of the enactment of this Act and, except for a design 
patent application filed under chapter 16 of title 35, United States 
Code, shall apply to any application filed on or after the date that is 
6 months after the date of the enactment of this Act.
    (b) Amendments Made by Section 4403.--The amendments made by section 
4403--
            (1) shall take effect on the date that is 6 months after the 
        date of the enactment of this Act, and shall apply to

[[Page 113 STAT. 1501A-561]]

        all applications filed under section 111(a) of title 35, United 
        States Code, on or after June 8, 1995, and all applications 
        complying with section 371 of title 35, United States Code, that 
        resulted from international applications filed on or after June 
        8, 1995; and
            (2) do not apply to applications for design patents under 
        chapter 16 of title 35, United States Code.

Subtitle E--Domestic Publication of Patent Applications Published Abroad

SEC. 4501. SHORT TITLE.

    This subtitle may be cited as the ``Domestic Publication of Foreign 
Filed Patent Applications Act of 1999''.

SEC. 4502. PUBLICATION.

    (a) Publication.--Section 122 of title 35, United States Code, is 
amended to read as follows:
``Sec. 122. Confidential status of applications; publication of 
                patent applications

    ``(a) Confidentiality.--Except as provided in subsection (b), 
applications for patents shall be kept in confidence by the Patent and 
Trademark Office and no information concerning the same given without 
authority of the applicant or owner unless necessary to carry out the 
provisions of an Act of Congress or in such special circumstances as may 
be determined by the Director.
    ``(b) Publication.--
            ``(1) In general.--(A) Subject to paragraph (2), each 
        application for a patent shall be published, in accordance with 
        procedures determined by the Director, promptly after the 
        expiration of a period of 18 months from the earliest filing 
        date for which a benefit is sought under this title. At the 
        request of the applicant, an application may be published 
        earlier than the end of such 18-month period.
            ``(B) No information concerning published patent 
        applications shall be made available to the public except as the 
        Director determines.
            ``(C) Notwithstanding any other provision of law, a 
        determination by the Director to release or not to release 
        information concerning a published patent application shall be 
        final and nonreviewable.
            ``(2) Exceptions.--(A) An application shall not be published 
        if that application is--
                    ``(i) no longer pending;
                    ``(ii) subject to a secrecy order under section 181 
                of this title;
                    ``(iii) a provisional application filed under 
                section 111(b) of this title; or
                    ``(iv) an application for a design patent filed 
                under chapter 16 of this title.
            ``(B)(i) If an applicant makes a request upon filing, 
        certifying that the invention disclosed in the application has 
        not and will not be the subject of an application filed in 
        another country, or under a multilateral international 
        agreement, that requires publication of applications 18 months 
        after filing, the

[[Page 113 STAT. 1501A-562]]

        application shall not be published as provided in paragraph (1).
            ``(ii) An applicant may rescind a request made under clause 
        (i) at any time.
            ``(iii) An applicant who has made a request under clause (i) 
        but who subsequently files, in a foreign country or under a 
        multilateral international agreement specified in clause (i), an 
        application directed to the invention disclosed in the 
        application filed in the Patent and Trademark Office, shall 
        notify the Director of such filing not later than 45 days after 
        the date of the filing of such foreign or international 
        application. A failure of the applicant to provide such notice 
        within the prescribed period shall result in the application 
        being regarded as abandoned, unless it is shown to the 
        satisfaction of the Director that the delay in submitting the 
        notice was unintentional.
            ``(iv) If an applicant rescinds a request made under clause 
        (i) or notifies the Director that an application was filed in a 
        foreign country or under a multilateral international agreement 
        specified in clause (i), the application shall be published in 
        accordance with the provisions of paragraph (1) on or as soon as 
        is practical after the date that is specified in clause (i).
            ``(v) If an applicant has filed applications in one or more 
        foreign countries, directly or through a multilateral 
        international agreement, and such foreign filed applications 
        corresponding to an application filed in the Patent and 
        Trademark Office or the description of the invention in such 
        foreign filed applications is less extensive than the 
        application or description of the invention in the application 
        filed in the Patent and Trademark Office, the applicant may 
        submit a redacted copy of the application filed in the Patent 
        and Trademark Office eliminating any part or description of the 
        invention in such application that is not also contained in any 
        of the corresponding applications filed in a foreign country. 
        The Director may only publish the redacted copy of the 
        application unless the redacted copy of the application is not 
        received within 16 months after the earliest effective filing 
        date for which a benefit is sought under this title. The 
        provisions of section 154(d) shall not apply to a claim if the 
        description of the invention published in the redacted 
        application filed under this clause with respect to the claim 
        does not enable a person skilled in the art to make and use the 
        subject matter of the claim.

    ``(c) Protest and Pre-Issuance Opposition.--The Director shall 
establish appropriate procedures to ensure that no protest or other form 
of pre-issuance opposition to the grant of a patent on an application 
may be initiated after publication of the application without the 
express written consent of the applicant.
    ``(d) National Security.--No application for patent shall be 
published under subsection (b)(1) if the publication or disclosure of 
such invention would be detrimental to the national security. The 
Director shall establish appropriate procedures to ensure that such 
applications are promptly identified and the secrecy of such inventions 
is maintained in accordance with chapter 17 of this title.''.
    (b) Study.--

[[Page 113 STAT. 1501A-563]]

            (1) In general.--The Comptroller General shall conduct a 3-
        year study of the applicants who file only in the United States 
        on or after the effective date of this subtitle and shall 
        provide the results of such study to the Judiciary Committees of 
        the House of Representatives and the Senate.
            (2) Contents.--The study conducted under paragraph (1) 
        shall--
                    (A) consider the number of such applicants in 
                relation to the number of applicants who file in the 
                United States and outside of the United States;
                    (B) examine how many domestic-only filers request at 
                the time of filing not to be published;
                    (C) examine how many such filers rescind that 
                request or later choose to file abroad;
                    (D) examine the status of the entity seeking an 
                application and any correlation that may exist between 
                such status and the publication of patent applications; 
                and
                    (E) examine the abandonment/issuance ratios and 
                length of application pendency before patent issuance or 
                abandonment for published versus unpublished 
                applications.

SEC. 4503. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.

    (a) In a Foreign Country.--Section 119(b) of title 35, United States 
Code, is amended to read as follows:
    ``(b)(1) No application for patent shall be entitled to this right 
of priority unless a claim is filed in the Patent and Trademark Office, 
identifying the foreign application by specifying the application number 
on that foreign application, the intellectual property authority or 
country in or for which the application was filed, and the date of 
filing the application, at such time during the pendency of the 
application as required by the Director.
    ``(2) The Director may consider the failure of the applicant to file 
a timely claim for priority as a waiver of any such claim. The Director 
may establish procedures, including the payment of a surcharge, to 
accept an unintentionally delayed claim under this section.
    ``(3) The Director may require a certified copy of the original 
foreign application, specification, and drawings upon which it is based, 
a translation if not in the English language, and such other information 
as the Director considers necessary. Any such certification shall be 
made by the foreign intellectual property authority in which the foreign 
application was filed and show the date of the application and of the 
filing of the specification and other papers.''.
    (b) In the United States.--
            (1) In general.--Section 120 of title 35, United States 
        Code, is amended by adding at the end the following: ``No 
        application shall be entitled to the benefit of an earlier filed 
        application under this section unless an amendment containing 
        the specific reference to the earlier filed application is 
        submitted at such time during the pendency of the application as 
        required by the Director. The Director may consider the failure 
        to submit such an amendment within that time period as a waiver 
        of any benefit under this section. The Director may establish 
        procedures, including the payment of a surcharge, to accept

[[Page 113 STAT. 1501A-564]]

        an unintentionally delayed submission of an amendment under this 
        section.''.
            (2) Right of priority.--Section 119(e)(1) of title 35, 
        United States Code, is amended by adding at the end the 
        following: ``No application shall be entitled to the benefit of 
        an earlier filed provisional application under this subsection 
        unless an amendment containing the specific reference to the 
        earlier filed provisional application is submitted at such time 
        during the pendency of the application as required by the 
        Director. The Director may consider the failure to submit such 
        an amendment within that time period as a waiver of any benefit 
        under this subsection. The Director may establish procedures, 
        including the payment of a surcharge, to accept an 
        unintentionally delayed submission of an amendment under this 
        subsection during the pendency of the application.''.

SEC. 4504. PROVISIONAL RIGHTS.

    Section 154 of title 35, United States Code, is amended--
            (1) in the section caption by inserting ``; provisional 
        rights'' after ``patent''; and
            (2) by adding at the end the following new subsection:

    ``(d) Provisional Rights.--
            ``(1) In general.--In addition to other rights provided by 
        this section, a patent shall include the right to obtain a 
        reasonable royalty from any person who, during the period 
        beginning on the date of publication of the application for such 
        patent under section 122(b), or in the case of an international 
        application filed under the treaty defined in section 351(a) 
        designating the United States under Article 21(2)(a) of such 
        treaty, the date of publication of the application, and ending 
        on the date the patent is issued--
                    ``(A)(i) makes, uses, offers for sale, or sells in 
                the United States the invention as claimed in the 
                published patent application or imports such an 
                invention into the United States; or
                    ``(ii) if the invention as claimed in the published 
                patent application is a process, uses, offers for sale, 
                or sells in the United States or imports into the United 
                States products made by that process as claimed in the 
                published patent application; and
                    ``(B) had actual notice of the published patent 
                application and, in a case in which the right arising 
                under this paragraph is based upon an international 
                application designating the United States that is 
                published in a language other than English, had a 
                translation of the international application into the 
                English language.
            ``(2) Right based on substantially identical inventions.--
        The right under paragraph (1) to obtain a reasonable royalty 
        shall not be available under this subsection unless the 
        invention as claimed in the patent is substantially identical to 
        the invention as claimed in the published patent application.
            ``(3) Time limitation on obtaining a reasonable royalty.--
        The right under paragraph (1) to obtain a reasonable royalty 
        shall be available only in an action brought not later than 6 
        years after the patent is issued. The right under paragraph (1) 
        to obtain a reasonable royalty shall not be affected by the 
        duration of the period described in paragraph (1).

[[Page 113 STAT. 1501A-565]]

            ``(4) Requirements for international applications.--
                    ``(A) Effective date.--The right under paragraph (1) 
                to obtain a reasonable royalty based upon the 
                publication under the treaty defined in section 351(a) 
                of an international application designating the United 
                States shall commence on the date on which the Patent 
                and Trademark Office receives a copy of the publication 
                under the treaty of the international application, or, 
                if the publication under the treaty of the international 
                application is in a language other than English, on the 
                date on which the Patent and Trademark Office receives a 
                translation of the international application in the 
                English language.
                    ``(B) Copies.--The Director may require the 
                applicant to provide a copy of the international 
                application and a translation thereof.''.

SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

    Section 102(e) of title 35, United States Code, is amended to read 
as follows:
    ``(e) The invention was described in--
            ``(1) an application for patent, published under section 
        122(b), by another filed in the United States before the 
        invention by the applicant for patent, except that an 
        international application filed under the treaty defined in 
        section 351(a) shall have the effect under this subsection of a 
        national application published under section 122(b) only if the 
        international application designating the United States was 
        published under Article 21(2)(a) of such treaty in the English 
        language; or
            ``(2) a patent granted on an application for patent by 
        another filed in the United States before the invention by the 
        applicant for patent, except that a patent shall not be deemed 
        filed in the United States for the purposes of this subsection 
        based on the filing of an international application filed under 
        the treaty defined in section 351(a); or''.

SEC. 4506. COST RECOVERY FOR PUBLICATION.

    The Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office shall recover 
the cost of early publication required by the amendment made by section 
4502 by charging a separate publication fee after notice of allowance is 
given under section 151 of title 35, United States Code.

SEC. 4507. CONFORMING AMENDMENTS.

    The following provisions of title 35, United States Code, are 
amended:
            (1) Section 11 is amended in paragraph 1 of subsection (a) 
        by inserting ``and published applications for patents'' after 
        ``Patents''.
            (2) Section 12 is amended--
                    (A) in the section caption by inserting ``and 
                applications'' after ``patents''; and
                    (B) by inserting ``and published applications for 
                patents'' after ``patents''.
            (3) Section 13 is amended--
                    (A) in the section caption by inserting ``and 
                applications'' after ``patents''; and

[[Page 113 STAT. 1501A-566]]

                    (B) by inserting ``and published applications for 
                patents'' after ``patents''.
            (4) The items relating to sections 12 and 13 in the table of 
        sections for chapter 1 are each amended by inserting ``and 
        applications'' after ``patents''.
            (5) The item relating to section 122 in the table of 
        sections for chapter 11 is amended by inserting ``; publication 
        of patent applications'' after ``applications''.
            (6) The item relating to section 154 in the table of 
        sections for chapter 14 is amended by inserting ``; provisional 
        rights'' after ``patent''.
            (7) Section 181 is amended--
                    (A) in the first undesignated paragraph--
                          (i) by inserting ``by the publication of an 
                      application or'' after ``disclosure''; and
                          (ii) by inserting ``the publication of the 
                      application or'' after ``withhold'';
                    (B) in the second undesignated paragraph by 
                inserting ``by the publication of an application or'' 
                after ``disclosure of an invention'';
                    (C) in the third undesignated paragraph--
                          (i) by inserting ``by the publication of the 
                      application or'' after ``disclosure of the 
                      invention''; and
                          (ii) by inserting ``the publication of the 
                      application or'' after ``withhold''; and
                    (D) in the fourth undesignated paragraph by 
                inserting ``the publication of an application or'' after 
                ``and'' in the first sentence.
            (8) Section 252 is amended in the first undesignated 
        paragraph by inserting ``substantially'' before ``identical'' 
        each place it appears.
            (9) Section 284 is amended by adding at the end of the 
        second undesignated paragraph the following: ``Increased damages 
        under this paragraph shall not apply to provisional rights under 
        section 154(d) of this title.''.
            (10) Section 374 is amended to read as follows:

``Sec. 374. Publication of international application

    ``The publication under the treaty defined in section 351(a) of this 
title, of an international application designating the United States 
shall confer the same rights and shall have the same effect under this 
title as an application for patent published under section 122(b), 
except as provided in sections 102(e) and 154(d) of this title.''.
            (11) Section 135(b) is amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:

    ``(2) A claim which is the same as, or for the same or substantially 
the same subject matter as, a claim of an application published under 
section 122(b) of this title may be made in an application filed after 
the application is published only if the claim is made before 1 year 
after the date on which the application is published.''.

SEC. 4508. EFFECTIVE DATE.

    Sections 4502 through 4507, and the amendments made by such 
sections, shall take effect on the date that is 1 year after

[[Page 113 STAT. 1501A-567]]

the date of the enactment of this Act and shall apply to all 
applications filed under section 111 of title 35, United States Code, on 
or after that date, and all applications complying with section 371 of 
title 35, United States Code, that resulted from international 
applications filed on or after that date. The amendments made by 
sections 4504 and 4505 shall apply to any such application voluntarily 
published by the applicant under procedures established under this 
subtitle that is pending on the date that is 1 year after the date of 
the enactment of this Act. The amendment made by section 4504 shall also 
apply to international applications designating the United States that 
are filed on or after the date that is 1 year after the date of the 
enactment of this Act.

        Subtitle F--Optional Inter Partes Reexamination Procedure

SEC. 4601. SHORT TITLE.

    This subtitle may be cited as the ``Optional Inter Partes 
Reexamination Procedure Act of 1999''.

SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.

    The chapter heading for chapter 30 of title 35, United States Code, 
is amended by inserting ``EX PARTE'' before ``REEXAMINATION OF 
PATENTS''.

SEC. 4603. DEFINITIONS.

    Section 100 of title 35, United States Code, is amended by adding at 
the end the following new subsection:
    ``(e) The term `third-party requester' means a person requesting ex 
parte reexamination under section 302 or inter partes reexamination 
under section 311 who is not the patent owner.''.

SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.

    (a) In General.--Part 3 of title 35, United States Code, is amended 
by adding after chapter 30 the following new chapter:

      ``CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES

``Sec.
``311. Request for inter partes reexamination.
``312. Determination of issue by Director.
``313. Inter partes reexamination order by Director.
``314. Conduct of inter partes reexamination proceedings.
``315. Appeal.
``316. Certificate of patentability, unpatentability, and claim 
           cancellation.
``317. Inter partes reexamination prohibited.
``318. Stay of litigation.

``Sec. 311. Request for inter partes reexamination

    ``(a) In General.--Any person at any time may file a request for 
inter partes reexamination by the Office of a patent on the basis of any 
prior art cited under the provisions of section 301.
    ``(b) Requirements.--The request shall--
            ``(1) be in writing, include the identity of the real party 
        in interest, and be accompanied by payment of an inter partes 
        reexamination fee established by the Director under section 41; 
        and

[[Page 113 STAT. 1501A-568]]

            ``(2) set forth the pertinency and manner of applying cited 
        prior art to every claim for which reexamination is requested.
            ``(c) Copy.--Unless the requesting person is the owner of 
        the patent, the Director promptly shall send a copy of the 
        request to the owner of record of the patent.

``Sec. 312. Determination of issue by Director

    ``(a) Reexamination.--Not later than 3 months after the filing of a 
request for inter partes reexamination under section 311, the Director 
shall determine whether a substantial new question of patentability 
affecting any claim of the patent concerned is raised by the request, 
with or without consideration of other patents or printed publications. 
On the Director's initiative, and at any time, the Director may 
determine whether a substantial new question of patentability is raised 
by patents and publications.
    ``(b) Record.--A record of the Director's determination under 
subsection (a) shall be placed in the official file of the patent, and a 
copy shall be promptly given or mailed to the owner of record of the 
patent and to the third-party requester, if any.
    ``(c) Final Decision.--A determination by the Director under 
subsection (a) shall be final and non-appealable. Upon a determination 
that no substantial new question of patentability has been raised, the 
Director may refund a portion of the inter partes reexamination fee 
required under section 311.

``Sec. 313. Inter partes reexamination order by Director

    ``If, in a determination made under section 312(a), the Director 
finds that a substantial new question of patentability affecting a claim 
of a patent is raised, the determination shall include an order for 
inter partes reexamination of the patent for resolution of the question. 
The order may be accompanied by the initial action of the Patent and 
Trademark Office on the merits of the inter partes reexamination 
conducted in accordance with section 314.

``Sec. 314. Conduct of inter partes reexamination proceedings

    ``(a) In General.--Except as otherwise provided in this section, 
reexamination shall be conducted according to the procedures established 
for initial examination under the provisions of sections 132 and 133. In 
any inter partes reexamination proceeding under this chapter, the patent 
owner shall be permitted to propose any amendment to the patent and a 
new claim or claims, except that no proposed amended or new claim 
enlarging the scope of the claims of the patent shall be permitted.
    ``(b) Response.--(1) This subsection shall apply to any inter partes 
reexamination proceeding in which the order for inter partes 
reexamination is based upon a request by a third-party requester.
    ``(2) With the exception of the inter partes reexamination request, 
any document filed by either the patent owner or the third-party 
requester shall be served on the other party. In addition, the third-
party requester shall receive a copy of any communication sent by the 
Office to the patent owner concerning the patent subject to the inter 
partes reexamination proceeding.
    ``(3) Each time that the patent owner files a response to an action 
on the merits from the Patent and Trademark Office, the third-party 
requester shall have one opportunity to file written comments addressing 
issues raised by the action of the Office or

[[Page 113 STAT. 1501A-569]]

the patent owner's response thereto, if those written comments are 
received by the Office within 30 days after the date of service of the 
patent owner's response.
    ``(c) Special Dispatch.--Unless otherwise provided by the Director 
for good cause, all inter partes reexamination proceedings under this 
section, including any appeal to the Board of Patent Appeals and 
Interferences, shall be conducted with special dispatch within the 
Office.

``Sec. 315. Appeal

    ``(a) Patent Owner.--The patent owner involved in an inter partes 
reexamination proceeding under this chapter--
            ``(1) may appeal under the provisions of section 134 and may 
        appeal under the provisions of sections 141 through 144, with 
        respect to any decision adverse to the patentability of any 
        original or proposed amended or new claim of the patent; and
            ``(2) may be a party to any appeal taken by a third-party 
        requester under subsection (b).

    ``(b) Third-Party Requester.--A third-party requester may--
            ``(1) appeal under the provisions of section 134 with 
        respect to any final decision favorable to the patentability of 
        any original or proposed amended or new claim of the patent; or
            ``(2) be a party to any appeal taken by the patent owner 
        under the provisions of section 134, subject to subsection (c).

    ``(c) Civil Action.--A third-party requester whose request for an 
inter partes reexamination results in an order under section 313 is 
estopped from asserting at a later time, in any civil action arising in 
whole or in part under section 1338 of title 28, United States Code, the 
invalidity of any claim finally determined to be valid and patentable on 
any ground which the third-party requester raised or could have raised 
during the inter partes reexamination proceedings. This subsection does 
not prevent the assertion of invalidity based on newly discovered prior 
art unavailable to the third-party requester and the Patent and 
Trademark Office at the time of the inter partes reexamination 
proceedings.
``Sec. 316. Certificate of patentability, unpatentability, and 
                claim cancellation

    ``(a) In General.--In an inter partes reexamination proceeding under 
this chapter, when the time for appeal has expired or any appeal 
proceeding has terminated, the Director shall issue and publish a 
certificate canceling any claim of the patent finally determined to be 
unpatentable, confirming any claim of the patent determined to be 
patentable, and incorporating in the patent any proposed amended or new 
claim determined to be patentable.
    ``(b) Amended or New Claim.--Any proposed amended or new claim 
determined to be patentable and incorporated into a patent following an 
inter partes reexamination proceeding shall have the same effect as that 
specified in section 252 of this title for reissued patents on the right 
of any person who made, purchased, or used within the United States, or 
imported into the United States, anything patented by such proposed 
amended or new claim, or who made substantial preparation therefor, 
prior to issuance of a certificate under the provisions of subsection 
(a) of this section.

[[Page 113 STAT. 1501A-570]]

``Sec. 317. Inter partes reexamination prohibited

    ``(a) Order for Reexamination.--Notwithstanding any provision of 
this chapter, once an order for inter partes reexamination of a patent 
has been issued under section 313, neither the patent owner nor the 
third-party requester, if any, nor privies of either, may file a 
subsequent request for inter partes reexamination of the patent until an 
inter partes reexamination certificate is issued and published under 
section 316, unless authorized by the Director.
    ``(b) Final Decision.--Once a final decision has been entered 
against a party in a civil action arising in whole or in part under 
section 1338 of title 28, United States Code, that the party has not 
sustained its burden of proving the invalidity of any patent claim in 
suit or if a final decision in an inter partes reexamination proceeding 
instituted by a third-party requester is favorable to the patentability 
of any original or proposed amended or new claim of the patent, then 
neither that party nor its privies may thereafter request an inter 
partes reexamination of any such patent claim on the basis of issues 
which that party or its privies raised or could have raised in such 
civil action or inter partes reexamination proceeding, and an inter 
partes reexamination requested by that party or its privies on the basis 
of such issues may not thereafter be maintained by the Office, 
notwithstanding any other provision of this chapter. This subsection 
does not prevent the assertion of invalidity based on newly discovered 
prior art unavailable to the third-party requester and the Patent and 
Trademark Office at the time of the inter partes reexamination 
proceedings.

``Sec. 318. Stay of litigation

    ``Once an order for inter partes reexamination of a patent has been 
issued under section 313, the patent owner may obtain a stay of any 
pending litigation which involves an issue of patentability of any 
claims of the patent which are the subject of the inter partes 
reexamination order, unless the court before which such litigation is 
pending determines that a stay would not serve the interests of 
justice.''.
    (b) Conforming Amendment.--The table of chapters for part III of 
title 25, United States Code, is amended by striking the item relating 
to chapter 30 and inserting the following:

``30. Prior Art Citations to Office and Ex Parte Reexamination of 
Patents...........................................................   301
``31. Optional Inter Partes Reexamination of Patents..............311''.

SEC. 4605. CONFORMING AMENDMENTS.

    (a) Patent Fees; Patent Search Systems.--Section 41(a)(7) of title 
35, United States Code, is amended to read as follows:
            ``(7) On filing each petition for the revival of an 
        unintentionally abandoned application for a patent, for the 
        unintentionally delayed payment of the fee for issuing each 
        patent, or for an unintentionally delayed response by the patent 
        owner in any reexamination proceeding, $1,210, unless the 
        petition is filed under section 133 or 151 of this title, in 
        which case the fee shall be $110.''.

    (b) Appeal to the Board of Patent Appeals and Interferences.--
Section 134 of title 35, United States Code, is amended to read as 
follows:

[[Page 113 STAT. 1501A-571]]

``Sec. 134. Appeal to the Board of Patent Appeals and 
                Interferences

    ``(a) Patent Applicant.--An applicant for a patent, any of whose 
claims has been twice rejected, may appeal from the decision of the 
administrative patent judge to the Board of Patent Appeals and 
Interferences, having once paid the fee for such appeal.
    ``(b) Patent Owner.--A patent owner in any reexamination proceeding 
may appeal from the final rejection of any claim by the administrative 
patent judge to the Board of Patent Appeals and Interferences, having 
once paid the fee for such appeal.
    ``(c) Third-Party.--A third-party requester in an inter partes 
proceeding may appeal to the Board of Patent Appeals and Interferences 
from the final decision of the administrative patent judge favorable to 
the patentability of any original or proposed amended or new claim of a 
patent, having once paid the fee for such appeal. The third-party 
requester may not appeal the decision of the Board of Patent Appeals and 
Interferences.''.
    (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141 
of title 35, United States Code, is amended by adding the following 
after the second sentence: ``A patent owner in any reexamination 
proceeding dissatisfied with the final decision in an appeal to the 
Board of Patent Appeals and Interferences under section 134 may appeal 
the decision only to the United States Court of Appeals for the Federal 
Circuit.''.
    (d) Proceedings on Appeal.--Section 143 of title 35, United States 
Code, is amended by amending the third sentence to read as follows: ``In 
any reexamination case, the Director shall submit to the court in 
writing the grounds for the decision of the Patent and Trademark Office, 
addressing all the issues involved in the appeal.''.
    (e) Civil Action To Obtain Patent.--Section 145 of title 35, United 
States Code, is amended in the first sentence by inserting ``(a)'' after 
``section 134''.

SEC. 4606. REPORT TO CONGRESS.

    Not later than 5 years after the date of the enactment of this Act, 
the Under Secretary of Commerce for Intellectual Property and Director 
of the United States Patent and Trademark Office shall submit to the 
Congress a report evaluating whether the inter partes reexamination 
proceedings established under the amendments made by this subtitle are 
inequitable to any of the parties in interest and, if so, the report 
shall contain recommendations for changes to the amendments made by this 
subtitle to remove such inequity.

SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.

    Any party who requests an inter partes reexamination under section 
311 of title 35, United States Code, is estopped from challenging at a 
later time, in any civil action, any fact determined during the process 
of such reexamination, except with respect to a fact determination later 
proved to be erroneous based on information unavailable at the time of 
the inter partes reexamination decision. If this section is held to be 
unenforceable, the enforceability of the remainder of this subtitle or 
of this title shall not be denied as a result.

[[Page 113 STAT. 1501A-572]]

SEC. 4608. EFFECTIVE DATE.

    (a) In General.--Subject to subsection (b), this subtitle and the 
amendments made by this subtitle shall take effect on the date of the 
enactment of this Act and shall apply to any patent that issues from an 
original application filed in the United States on or after that date.
    (b) Section 4605(a).--The amendments made by section 4605(a) shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act.

                 Subtitle G--Patent and Trademark Office

SEC. 4701. SHORT TITLE.

    This subtitle may be cited as the ``Patent and Trademark Office 
Efficiency Act''.

          CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE

SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.

    Section 1 of title 35, United States Code, is amended to read as 
follows:

``Sec. 1. Establishment

    ``(a) Establishment.--The United States Patent and Trademark Office 
is established as an agency of the United States, within the Department 
of Commerce. In carrying out its functions, the United States Patent and 
Trademark Office shall be subject to the policy direction of the 
Secretary of Commerce, but otherwise shall retain responsibility for 
decisions regarding the management and administration of its operations 
and shall exercise independent control of its budget allocations and 
expenditures, personnel decisions and processes, procurements, and other 
administrative and management functions in accordance with this title 
and applicable provisions of law. Those operations designed to grant and 
issue patents and those operations which are designed to facilitate the 
registration of trademarks shall be treated as separate operating units 
within the Office.
    ``(b) Offices.--The United States Patent and Trademark Office shall 
maintain its principal office in the metropolitan Washington, D.C., 
area, for the service of process and papers and for the purpose of 
carrying out its functions. The United States Patent and Trademark 
Office shall be deemed, for purposes of venue in civil actions, to be a 
resident of the district in which its principal office is located, 
except where jurisdiction is otherwise provided by law. The United 
States Patent and Trademark Office may establish satellite offices in 
such other places in the United States as it considers necessary and 
appropriate in the conduct of its business.
    ``(c) Reference.--For purposes of this title, the United States 
Patent and Trademark Office shall also be referred to as the `Office' 
and the `Patent and Trademark Office'.''.

SEC. 4712. POWERS AND DUTIES.

    Section 2 of title 35, United States Code, is amended to read as 
follows:

[[Page 113 STAT. 1501A-573]]

``Sec. 2. Powers and duties

    ``(a) In General.--The United States Patent and Trademark Office, 
subject to the policy direction of the Secretary of Commerce--
            ``(1) shall be responsible for the granting and issuing of 
        patents and the registration of trademarks; and
            ``(2) shall be responsible for disseminating to the public 
        information with respect to patents and trademarks.

    ``(b) Specific Powers.--The Office--
            ``(1) shall adopt and use a seal of the Office, which shall 
        be judicially noticed and with which letters patent, 
        certificates of trademark registrations, and papers issued by 
        the Office shall be authenticated;
            ``(2) may establish regulations, not inconsistent with law, 
        which--
                    ``(A) shall govern the conduct of proceedings in the 
                Office;
                    ``(B) shall be made in accordance with section 553 
                of title 5, United States Code;
                    ``(C) shall facilitate and expedite the processing 
                of patent applications, particularly those which can be 
                filed, stored, processed, searched, and retrieved 
                electronically, subject to the provisions of section 122 
                relating to the confidential status of applications;
                    ``(D) may govern the recognition and conduct of 
                agents, attorneys, or other persons representing 
                applicants or other parties before the Office, and may 
                require them, before being recognized as representatives 
                of applicants or other persons, to show that they are of 
                good moral character and reputation and are possessed of 
                the necessary qualifications to render to applicants or 
                other persons valuable service, advice, and assistance 
                in the presentation or prosecution of their applications 
                or other business before the Office;
                    ``(E) shall recognize the public interest in 
                continuing to safeguard broad access to the United 
                States patent system through the reduced fee structure 
                for small entities under section 41(h)(1) of this title; 
                and
                    ``(F) provide for the development of a performance-
                based process that includes quantitative and qualitative 
                measures and standards for evaluating cost-effectiveness 
                and is consistent with the principles of impartiality 
                and competitiveness;
            ``(3) may acquire, construct, purchase, lease, hold, manage, 
        operate, improve, alter, and renovate any real, personal, or 
        mixed property, or any interest therein, as it considers 
        necessary to carry out its functions;
            ``(4)(A) may make such purchases, contracts for the 
        construction, maintenance, or management and operation of 
        facilities, and contracts for supplies or services, without 
        regard to the provisions of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the 
        Public Buildings Act (40 U.S.C. 601 et seq.), and the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
            ``(B) may enter into and perform such purchases and 
        contracts for printing services, including the process of 
        composition, platemaking, presswork, silk screen processes, 
        binding, microform, and the products of such processes, as it 
        considers

[[Page 113 STAT. 1501A-574]]

        necessary to carry out the functions of the Office, without 
        regard to sections 501 through 517 and 1101 through 1123 of 
        title 44, United States Code;
            ``(5) may use, with their consent, services, equipment, 
        personnel, and facilities of other departments, agencies, and 
        instrumentalities of the Federal Government, on a reimbursable 
        basis, and cooperate with such other departments, agencies, and 
        instrumentalities in the establishment and use of services, 
        equipment, and facilities of the Office;
            ``(6) may, when the Director determines that it is 
        practicable, efficient, and cost-effective to do so, use, with 
        the consent of the United States and the agency, 
        instrumentality, Patent and Trademark Office, or international 
        organization concerned, the services, records, facilities, or 
        personnel of any State or local government agency or 
        instrumentality or foreign patent and trademark office or 
        international organization to perform functions on its behalf;
            ``(7) may retain and use all of its revenues and receipts, 
        including revenues from the sale, lease, or disposal of any 
        real, personal, or mixed property, or any interest therein, of 
        the Office;
            ``(8) shall advise the President, through the Secretary of 
        Commerce, on national and certain international intellectual 
        property policy issues;
            ``(9) shall advise Federal departments and agencies on 
        matters of intellectual property policy in the United States and 
        intellectual property protection in other countries;
            ``(10) shall provide guidance, as appropriate, with respect 
        to proposals by agencies to assist foreign governments and 
        international intergovernmental organizations on matters of 
        intellectual property protection;
            ``(11) may conduct programs, studies, or exchanges of items 
        or services regarding domestic and international intellectual 
        property law and the effectiveness of intellectual property 
        protection domestically and throughout the world;
            ``(12)(A) shall advise the Secretary of Commerce on programs 
        and studies relating to intellectual property policy that are 
        conducted, or authorized to be conducted, cooperatively with 
        foreign intellectual property offices and international 
        intergovernmental organizations; and
            ``(B) may conduct programs and studies described in 
        subparagraph (A); and
            ``(13)(A) in coordination with the Department of State, may 
        conduct programs and studies cooperatively with foreign 
        intellectual property offices and international 
        intergovernmental organizations; and
            ``(B) with the concurrence of the Secretary of State, may 
        authorize the transfer of not to exceed $100,000 in any year to 
        the Department of State for the purpose of making special 
        payments to international intergovernmental organizations for 
        studies and programs for advancing international cooperation 
        concerning patents, trademarks, and other matters.

    ``(c) Clarification of Specific Powers.--(1) The special payments 
under subsection (b)(13)(B) shall be in addition to any other payments 
or contributions to international organizations described in subsection 
(b)(13)(B) and shall not be subject to any limitations

[[Page 113 STAT. 1501A-575]]

imposed by law on the amounts of such other payments or contributions by 
the United States Government.
    ``(2) Nothing in subsection (b) shall derogate from the duties of 
the Secretary of State or from the duties of the United States Trade 
Representative as set forth in section 141 of the Trade Act of 1974 (19 
U.S.C. 2171).
    ``(3) Nothing in subsection (b) shall derogate from the duties and 
functions of the Register of Copyrights or otherwise alter current 
authorities relating to copyright matters.
    ``(4) In exercising the Director's powers under paragraphs (3) and 
(4)(A) of subsection (b), the Director shall consult with the 
Administrator of General Services.
    ``(5) In exercising the Director's powers and duties under this 
section, the Director shall consult with the Register of Copyrights on 
all copyright and related matters.
    ``(d) Construction.--Nothing in this section shall be construed to 
nullify, void, cancel, or interrupt any pending request-for-proposal let 
or contract issued by the General Services Administration for the 
specific purpose of relocating or leasing space to the United States 
Patent and Trademark Office.''.

SEC. 4713. ORGANIZATION AND MANAGEMENT.

    Section 3 of title 35, United States Code, is amended to read as 
follows:

``Sec. 3. Officers and employees

    ``(a) Under Secretary and Director.--
            ``(1) In general.--The powers and duties of the United 
        States Patent and Trademark Office shall be vested in an Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office (in this title 
        referred to as the `Director'), who shall be a citizen of the 
        United States and who shall be appointed by the President, by 
        and with the advice and consent of the Senate. The Director 
        shall be a person who has a professional background and 
        experience in patent or trademark law.
            ``(2) Duties.--
                    ``(A) In general.--The Director shall be responsible 
                for providing policy direction and management 
                supervision for the Office and for the issuance of 
                patents and the registration of trademarks. The Director 
                shall perform these duties in a fair, impartial, and 
                equitable manner.
                    ``(B) Consulting with the public advisory 
                committees.--The Director shall consult with the Patent 
                Public Advisory Committee established in section 5 on a 
                regular basis on matters relating to the patent 
                operations of the Office, shall consult with the 
                Trademark Public Advisory Committee established in 
                section 5 on a regular basis on matters relating to the 
                trademark operations of the Office, and shall consult 
                with the respective Public Advisory Committee before 
                submitting budgetary proposals to the Office of 
                Management and Budget or changing or proposing to change 
                patent or trademark user fees or patent or trademark 
                regulations which are subject to the requirement to 
                provide notice and opportunity for public comment under 
                section 553 of title 5, United States Code, as the case 
                may be.

[[Page 113 STAT. 1501A-576]]

            ``(3) Oath.--The Director shall, before taking office, take 
        an oath to discharge faithfully the duties of the Office.
            ``(4) Removal.--The Director may be removed from office by 
        the President. The President shall provide notification of any 
        such removal to both Houses of Congress.

    ``(b) Officers and Employees of the Office.--
            ``(1) Deputy under secretary and deputy director.--The 
        Secretary of Commerce, upon nomination by the Director, shall 
        appoint a Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States Patent and 
        Trademark Office who shall be vested with the authority to act 
        in the capacity of the Director in the event of the absence or 
        incapacity of the Director. The Deputy Director shall be a 
        citizen of the United States who has a professional background 
        and experience in patent or trademark law.
            ``(2) Commissioners.--
                    ``(A) Appointment and duties.--The Secretary of 
                Commerce shall appoint a Commissioner for Patents and a 
                Commissioner for Trademarks, without regard to chapter 
                33, 51, or 53 of title 5, United States Code. The 
                Commissioner for Patents shall be a citizen of the 
                United States with demonstrated management ability and 
                professional background and experience in patent law and 
                serve for a term of 5 years. The Commissioner for 
                Trademarks shall be a citizen of the United States with 
                demonstrated management ability and professional 
                background and experience in trademark law and serve for 
                a term of 5 years. The Commissioner for Patents and the 
                Commissioner for Trademarks shall serve as the chief 
                operating officers for the operations of the Office 
                relating to patents and trademarks, respectively, and 
                shall be responsible for the management and direction of 
                all aspects of the activities of the Office that affect 
                the administration of patent and trademark operations, 
                respectively. The Secretary may reappoint a Commissioner 
                to subsequent terms of 5 years as long as the 
                performance of the Commissioner as set forth in the 
                performance agreement in subparagraph (B) is 
                satisfactory.
                    ``(B) Salary and performance agreement.--The 
                Commissioners shall be paid an annual rate of basic pay 
                not to exceed the maximum rate of basic pay for the 
                Senior Executive Service established under section 5382 
                of title 5, United States Code, including any applicable 
                locality-based comparability payment that may be 
                authorized under section 5304(h)(2)(C) of title 5, 
                United States Code. The compensation of the 
                Commissioners shall be considered, for purposes of 
                section 207(c)(2)(A) of title 18, United States Code, to 
                be the equivalent of that described under clause (ii) of 
                section 207(c)(2)(A) of title 18, United States Code. In 
                addition, the Commissioners may receive a bonus in an 
                amount of up to, but not in excess of, 50 percent of the 
                Commissioners' annual rate of basic pay, based upon an 
                evaluation by the Secretary of Commerce, acting through 
                the Director, of the Commissioners' performance as 
                defined in an annual performance agreement between the 
                Commissioners and the Secretary. The annual performance 
                agreements shall incorporate measurable organization

[[Page 113 STAT. 1501A-577]]

                and individual goals in key operational areas as 
                delineated in an annual performance plan agreed to by 
                the Commissioners and the Secretary. Payment of a bonus 
                under this subparagraph may be made to the Commissioners 
                only to the extent that such payment does not cause the 
                Commissioners' total aggregate compensation in a 
                calendar year to equal or exceed the amount of the 
                salary of the Vice President under section 104 of title 
                3, United States Code.
                    ``(C) Removal.--The Commissioners may be removed 
                from office by the Secretary for misconduct or 
                nonsatisfactory performance under the performance 
                agreement described in subparagraph (B), without regard 
                to the provisions of title 5, United States Code. The 
                Secretary shall provide notification of any such removal 
                to both Houses of Congress.
            ``(3) Other officers and employees.--The Director shall--
                    ``(A) appoint such officers, employees (including 
                attorneys), and agents of the Office as the Director 
                considers necessary to carry out the functions of the 
                Office; and
                    ``(B) define the title, authority, and duties of 
                such officers and employees and delegate to them such of 
                the powers vested in the Office as the Director may 
                determine.
        The Office shall not be subject to any administratively or 
        statutorily imposed limitation on positions or personnel, and no 
        positions or personnel of the Office shall be taken into account 
        for purposes of applying any such limitation.
            ``(4) Training of examiners.--The Office shall submit to the 
        Congress a proposal to provide an incentive program to retain as 
        employees patent and trademark examiners of the primary examiner 
        grade or higher who are eligible for retirement, for the sole 
        purpose of training patent and trademark examiners.
            ``(5) National security positions.--The Director, in 
        consultation with the Director of the Office of Personnel 
        Management, shall maintain a program for identifying national 
        security positions and providing for appropriate security 
        clearances, in order to maintain the secrecy of certain 
        inventions, as described in section 181, and to prevent 
        disclosure of sensitive and strategic information in the 
        interest of national security.

    ``(c) Continued Applicability of Title 5, United States Code.--
Officers and employees of the Office shall be subject to the provisions 
of title 5, United States Code, relating to Federal employees.
    ``(d) Adoption of Existing Labor Agreements.--The Office shall adopt 
all labor agreements which are in effect, as of the day before the 
effective date of the Patent and Trademark Office Efficiency Act, with 
respect to such Office (as then in effect).
    ``(e) Carryover of Personnel.--
            ``(1) From pto.--Effective as of the effective date of the 
        Patent and Trademark Office Efficiency Act, all officers and 
        employees of the Patent and Trademark Office on the day before 
        such effective date shall become officers and employees of the 
        Office, without a break in service.
            ``(2) Other personnel.--Any individual who, on the day 
        before the effective date of the Patent and Trademark Office

[[Page 113 STAT. 1501A-578]]

        Efficiency Act, is an officer or employee of the Department of 
        Commerce (other than an officer or employee under paragraph (1)) 
        shall be transferred to the Office, as necessary to carry out 
        the purposes of this Act, if--
                    ``(A) such individual serves in a position for which 
                a major function is the performance of work reimbursed 
                by the Patent and Trademark Office, as determined by the 
                Secretary of Commerce;
                    ``(B) such individual serves in a position that 
                performed work in support of the Patent and Trademark 
                Office during at least half of the incumbent's work 
                time, as determined by the Secretary of Commerce; or
                    ``(C) such transfer would be in the interest of the 
                Office, as determined by the Secretary of Commerce in 
                consultation with the Director.
        Any transfer under this paragraph shall be effective as of the 
        same effective date as referred to in paragraph (1), and shall 
        be made without a break in service.

    ``(f ) Transition Provisions.--
            ``(1) Interim appointment of director.--On or after the 
        effective date of the Patent and Trademark Office Efficiency 
        Act, the President shall appoint an individual to serve as the 
        Director until the date on which a Director qualifies under 
        subsection (a). The President shall not make more than one such 
        appointment under this subsection.
            ``(2) Continuation in office of certain officers.--(A) The 
        individual serving as the Assistant Commissioner for Patents on 
        the day before the effective date of the Patent and Trademark 
        Office Efficiency Act may serve as the Commissioner for Patents 
        until the date on which a Commissioner for Patents is appointed 
        under subsection (b).
            ``(B) The individual serving as the Assistant Commissioner 
        for Trademarks on the day before the effective date of the 
        Patent and Trademark Office Efficiency Act may serve as the 
        Commissioner for Trademarks until the date on which a 
        Commissioner for Trademarks is appointed under subsection 
        (b).''.

SEC. 4714. PUBLIC ADVISORY COMMITTEES.

    Chapter 1 of part I of title 35, United States Code, is amended by 
inserting after section 4 the following:
``Sec. 5. Patent and Trademark Office Public Advisory Committees

    ``(a) Establishment of Public Advisory Committees.--
            ``(1) Appointment.--The United States Patent and Trademark 
        Office shall have a Patent Public Advisory Committee and a 
        Trademark Public Advisory Committee, each of which shall have 
        nine voting members who shall be appointed by the Secretary of 
        Commerce and serve at the pleasure of the Secretary of Commerce. 
        Members of each Public Advisory Committee shall be appointed for 
        a term of 3 years, except that of the members first appointed, 
        three shall be appointed for a term of 1 year, and three shall 
        be appointed for a term of 2 years. In making appointments to 
        each Committee, the

[[Page 113 STAT. 1501A-579]]

        Secretary of Commerce shall consider the risk of loss of 
        competitive advantage in international commerce or other harm to 
        United States companies as a result of such appointments.
            ``(2) Chair.--The Secretary shall designate a chair of each 
        Advisory Committee, whose term as chair shall be for 3 years.
            ``(3) Timing of appointments.--Initial appointments to each 
        Advisory Committee shall be made within 3 months after the 
        effective date of the Patent and Trademark Office Efficiency 
        Act. Vacancies shall be filled within 3 months after they occur.

    ``(b) Basis for Appointments.--Members of each Advisory Committee--
            ``(1) shall be citizens of the United States who shall be 
        chosen so as to represent the interests of diverse users of the 
        United States Patent and Trademark Office with respect to 
        patents, in the case of the Patent Public Advisory Committee, 
        and with respect to trademarks, in the case of the Trademark 
        Public Advisory Committee;
            ``(2) shall include members who represent small and large 
        entity applicants located in the United States in proportion to 
        the number of applications filed by such applicants, but in no 
        case shall members who represent small entity patent applicants, 
        including small business concerns, independent inventors, and 
        nonprofit organizations, constitute less than 25 percent of the 
        members of the Patent Public Advisory Committee, and such 
        members shall include at least one independent inventor; and
            ``(3) shall include individuals with substantial background 
        and achievement in finance, management, labor relations, 
        science, technology, and office automation.

In addition to the voting members, each Advisory Committee shall include 
a representative of each labor organization recognized by the United 
States Patent and Trademark Office. Such representatives shall be 
nonvoting members of the Advisory Committee to which they are appointed.
    ``(c) Meetings.--Each Advisory Committee shall meet at the call of 
the chair to consider an agenda set by the chair.
    ``(d) Duties.--Each Advisory Committee shall--
            ``(1) review the policies, goals, performance, budget, and 
        user fees of the United States Patent and Trademark Office with 
        respect to patents, in the case of the Patent Public Advisory 
        Committee, and with respect to Trademarks, in the case of the 
        Trademark Public Advisory Committee, and advise the Director on 
        these matters;
            ``(2) within 60 days after the end of each fiscal year--
                    ``(A) prepare an annual report on the matters 
                referred to in paragraph (1);
                    ``(B) transmit the report to the Secretary of 
                Commerce, the President, and the Committees on the 
                Judiciary of the Senate and the House of 
                Representatives; and
                    ``(C) publish the report in the Official Gazette of 
                the United States Patent and Trademark Office.

    ``(e) Compensation.--Each member of each Advisory Committee shall be 
compensated for each day (including travel time) during which such 
member is attending meetings or conferences of that Advisory Committee 
or otherwise engaged in the business of that Advisory Committee, at the 
rate which is the daily equivalent of the annual rate of basic pay in 
effect for level III of the

[[Page 113 STAT. 1501A-580]]

Executive Schedule under section 5314 of title 5, United States Code. 
While away from such member's home or regular place of business such 
member shall be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United States 
Code.
    ``(f ) Access to Information.--Members of each Advisory Committee 
shall be provided access to records and information in the United States 
Patent and Trademark Office, except for personnel or other privileged 
information and information concerning patent applications required to 
be kept in confidence by section 122.
    ``(g) Applicability of Certain Ethics Laws.--Members of each 
Advisory Committee shall be special Government employees within the 
meaning of section 202 of title 18, United States Code.
    ``(h) Inapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each 
Advisory Committee.
    ``(i) Open Meetings.--The meetings of each Advisory Committee shall 
be open to the public, except that each Advisory Committee may by 
majority vote meet in executive session when considering personnel or 
other confidential information.''.

SEC. 4715. CONFORMING AMENDMENTS.

    (a) Duties.--Chapter 1 of title 35, United States Code, is amended 
by striking section 6.
    (b) Regulations for Agents and Attorneys.--Section 31 of title 35, 
United States Code, and the item relating to such section in the table 
of sections for chapter 3 of title 35, United States Code, are repealed.
    (c) Suspension or Exclusion From Practice.--Section 32 of title 35, 
United States Code, is amended by striking ``31'' and inserting 
``2(b)(2)(D)''.

SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.

    Section 17 of the Act of July 5, 1946 (commonly referred to as the 
``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as 
follows:
    ``Sec. 17. (a) In every case of interference, opposition to 
registration, application to register as a lawful concurrent user, or 
application to cancel the registration of a mark, the Director shall 
give notice to all parties and shall direct a Trademark Trial and Appeal 
Board to determine and decide the respective rights of registration.
    ``(b) The Trademark Trial and Appeal Board shall include the 
Director, the Commissioner for Patents, the Commissioner for Trademarks, 
and administrative trademark judges who are appointed by the 
Director.''.

SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.

    Chapter 1 of title 35, United States Code, is amended--
            (1) by striking section 7 and redesignating sections 8 
        through 14 as sections 7 through 13, respectively; and
            (2) by inserting after section 5 the following:

``Sec. 6. Board of Patent Appeals and Interferences

    ``(a) Establishment and Composition.--There shall be in the United 
States Patent and Trademark Office a Board of Patent Appeals and 
Interferences. The Director, the Commissioner for Patents, the 
Commissioner for Trademarks, and the administrative patent judges shall 
constitute the Board. The administrative patent

[[Page 113 STAT. 1501A-581]]

judges shall be persons of competent legal knowledge and scientific 
ability who are appointed by the Director.
    ``(b) Duties.--The Board of Patent Appeals and Interferences shall, 
on written appeal of an applicant, review adverse decisions of examiners 
upon applications for patents and shall determine priority and 
patentability of invention in interferences declared under section 
135(a). Each appeal and interference shall be heard by at least three 
members of the Board, who shall be designated by the Director. Only the 
Board of Patent Appeals and Interferences may grant rehearings.''.

SEC. 4718. ANNUAL REPORT OF DIRECTOR.

    Section 13 of title 35, United States Code, as redesignated by 
section 4717 of this subtitle, is amended to read as follows:

``Sec. 13. Annual report to Congress

    ``The Director shall report to the Congress, not later than 180 days 
after the end of each fiscal year, the moneys received and expended by 
the Office, the purposes for which the moneys were spent, the quality 
and quantity of the work of the Office, the nature of training provided 
to examiners, the evaluation of the Commissioner of Patents and the 
Commissioner of Trademarks by the Secretary of Commerce, the 
compensation of the Commissioners, and other information relating to the 
Office.''.

SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.

    Section 32 of title 35, United States Code, is amended by inserting 
before the last sentence the following: ``The Director shall have the 
discretion to designate any attorney who is an officer or employee of 
the United States Patent and Trademark Office to conduct the hearing 
required by this section.''.

SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.

    (a) Pay of Director.--Section 5314 of title 5, United States Code, 
is amended by striking:
            ``Assistant Secretary of Commerce and Commissioner of 
        Patents and Trademarks.''.

and inserting:
            ``Under Secretary of Commerce for Intellectual Property and 
        Director of the United States Patent and Trademark Office.''.

    (b) Pay of Deputy Director.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States Patent and 
        Trademark Office.''.

             CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS

SEC. 4731. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect 4 months after the date of the enactment of this Act.

SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendments to Title 35, United States Code.--

[[Page 113 STAT. 1501A-582]]

            (1) The item relating to part I in the table of parts for 
        chapter 35, United States Code, is amended to read as follows:

``I. United States Patent and Trademark Office....................  1''.

            (2) The heading for part I of title 35, United States Code, 
        is amended to read as follows:

         ``PART I--UNITED STATES PATENT AND TRADEMARK OFFICE''.

            (3) The table of chapters for part I of title 35, United 
        States Code, is amended by amending the item relating to chapter 
        1 to read as follows:

``1. Establishment, Officers and Employees, Functions.............  1''.

            (4) The table of sections for chapter 1 of title 35, United 
        States Code, is amended to read as follows:

      ``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

``Sec.
`` 1. Establishment.
`` 2. Powers and duties.
`` 3. Officers and employees.
`` 4. Restrictions on officers and employees as to interest in patents.
`` 5. Patent and Trademark Office Public Advisory Committees.
`` 6. Board of Patent Appeals and Interferences.
`` 7. Library.
`` 8. Classification of patents.
`` 9. Certified copies of records.
``10. Publications.
``11. Exchange of copies of patents and applications with foreign 
           countries.
``12. Copies of patents and applications for public libraries.
``13. Annual report to Congress.''.

            (5) Section 41(h) of title 35, United States Code, is 
        amended by striking ``Commissioner of Patents and Trademarks'' 
        and inserting ``Director''.
            (6) Section 155 of title 35, United States Code, is amended 
        by striking ``Commissioner of Patents and Trademarks'' and 
        inserting ``Director''.
            (7) Section 155A(c) of title 35, United States Code, is 
        amended by striking ``Commissioner of Patents and Trademarks'' 
        and inserting ``Director''.
            (8) Section 302 of title 35, United States Code, is amended 
        by striking ``Commissioner of Patents'' and inserting 
        ``Director''.
            (9)(A) Section 303 of title 35, United States Code, is 
        amended--
                    (i) in the section heading by striking 
                ``Commissioner'' and inserting ``Director''; and
                    (ii) by striking ``Commissioner's'' and inserting 
                ``Director's''.
            (B) The item relating to section 303 in the table of 
        sections for chapter 30 of title 35, United States Code, is 
        amended by striking ``Commissioner'' and inserting ``Director''.
            (10)(A) Except as provided in subparagraph (B), title 35, 
        United States Code, is amended by striking ``Commissioner'' each 
        place it appears and inserting ``Director''.
            (B) Chapter 17 of title 35, United States Code, is amended 
        by striking ``Commissioner'' each place it appears and inserting 
        ``Commissioner of Patents''.

[[Page 113 STAT. 1501A-583]]

            (11) Section 157(d) of title 35, United States Code, is 
        amended by striking ``Secretary of Commerce'' and inserting 
        ``Director''.
            (12) Section 202(a) of title 35, United States Code, is 
        amended--
                    (A) by striking ``iv)'' and inserting ``(iv)''; and
                    (B) by striking the second period after ``Department 
                of Energy'' at the end of the first sentence.

    (b) Other Provisions of Law.--
            (1)(A) Section 45 of the Act of July 5, 1946 (commonly 
        referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127), 
        is amended by striking ``The term `Commissioner' means the 
        Commissioner of Patents and Trademarks.'' and inserting ``The 
        term `Director' means the Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office.''.
            (B) The Act of July 5, 1946 (commonly referred to as the 
        ``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.), except for 
        section 17, as amended by 4716 of this subtitle, is amended by 
        striking ``Commissioner'' each place it appears and inserting 
        ``Director''.
            (C) Sections 8(e) and 9(b) of the Trademark Act of 1946 are 
        each amended by striking ``Commissioner'' and inserting 
        ``Director''.
            (2) Section 500(e) of title 5, United States Code, is 
        amended by striking ``Patent Office'' and inserting ``United 
        States Patent and Trademark Office''.
            (3) Section 5102(c)(23) of title 5, United States Code, is 
        amended to read as follows:
            ``(23) administrative patent judges and designated 
        administrative patent judges in the United States Patent and 
        Trademark Office;''.
            (4) Section 5316 of title 5, United States Code (5 U.S.C. 
        5316) is amended by striking ``Commissioner of Patents, 
        Department of Commerce.'', ``Deputy Commissioner of Patents and 
        Trademarks.'', ``Assistant Commissioner for Patents.'', and 
        ``Assistant Commissioner for Trademarks.''.
            (5) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C. 
        638(p)(1)(B)) is amended to read as follows:
                    ``(B) the Under Secretary of Commerce for 
                Intellectual Property and Director of the United States 
                Patent and Trademark Office; and''.
            (6) Section 12 of the Act of February 14, 1903 (15 U.S.C. 
        1511) is amended--
                    (A) by striking ``(d) Patent and Trademark Office;'' 
                and inserting:
            ``(4) United States Patent and Trademark Office''; and
                    (B) by redesignating subsections (a), (b), (c), (e), 
                (f ), and (g) as paragraphs (1), (2), (3), (5), (6), and 
                (7), respectively and indenting the paragraphs as so 
                redesignated 2 ems to the right.
            (7) Section 19 of the Tennessee Valley Authority Act of 1933 
        (16 U.S.C. 831r) is amended--
                    (A) by striking ``Patent Office of the United 
                States'' and inserting ``United States Patent and 
                Trademark Office''; and

[[Page 113 STAT. 1501A-584]]

                    (B) by striking ``Commissioner of Patents'' and 
                inserting ``Under Secretary of Commerce for Intellectual 
                Property and Director of the United States Patent and 
                Trademark Office''.
            (8) Section 182(b)(2)(A) of the Trade Act of 1974 (19 U.S.C. 
        2242(b)(2)(A)) is amended by striking ``Commissioner of Patents 
        and Trademarks'' and inserting ``Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office''.
            (9) Section 302(b)(2)(D) of the Trade Act of 1974 (19 U.S.C. 
        2412(b)(2)(D)) is amended by striking ``Commissioner of Patents 
        and Trademarks'' and inserting ``Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office''.
            (10) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91) 
        is amended by striking ``Patent Office'' and inserting ``United 
        States Patent and Trademark Office''.
            (11) Sections 505(m) and 512(o) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each amended 
        by striking ``Patent and Trademark Office of the Department of 
        Commerce'' and inserting ``United States Patent and Trademark 
        Office''.
            (12) Section 702(d) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 372(d)) is amended by striking ``Commissioner of 
        Patents'' and inserting ``Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office'' and by striking ``Commissioner'' and 
        inserting ``Director''.
            (13) Section 105(e) of the Federal Alcohol Administration 
        Act (27 U.S.C. 205(e)) is amended by striking ``United States 
        Patent Office'' and inserting ``United States Patent and 
        Trademark Office''.
            (14) Section 1295(a)(4) of title 28, United States Code, is 
        amended--
                    (A) in subparagraph (A) by inserting ``United 
                States'' before ``Patent and Trademark''; and
                    (B) in subparagraph (B) by striking ``Commissioner 
                of Patents and Trademarks'' and inserting ``Under 
                Secretary of Commerce for Intellectual Property and 
                Director of the United States Patent and Trademark 
                Office''.
            (15) Chapter 115 of title 28, United States Code, is 
        amended--
                    (A) in the item relating to section 1744 in the 
                table of sections by striking ``Patent Office'' and 
                inserting ``United States Patent and Trademark Office'';
                    (B) in section 1744--
                          (i) by striking ``Patent Office'' each place 
                      it appears in the text and section heading and 
                      inserting ``United States Patent and Trademark 
                      Office''; and
                          (ii) by striking ``Commissioner of Patents'' 
                      and inserting ``Under Secretary of Commerce for 
                      Intellectual Property and Director of the United 
                      States Patent and Trademark Office''; and
                    (C) by striking ``Commissioner'' and inserting 
                ``Director''.

[[Page 113 STAT. 1501A-585]]

            (16) Section 1745 of title 28, United States Code, is 
        amended by striking ``United States Patent Office'' and 
        inserting ``United States Patent and Trademark Office''.
            (17) Section 1928 of title 28, United States Code, is 
        amended by striking ``Patent Office'' and inserting ``United 
        States Patent and Trademark Office''.
            (18) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2181) is amended in subsections c. and d. by striking 
        ``Commissioner of Patents'' and inserting ``Under Secretary of 
        Commerce for Intellectual Property and Director of the United 
        States Patent and Trademark Office''.
            (19) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2182) is amended by striking ``Commissioner of Patents'' each 
        place it appears and inserting ``Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office''.
            (20) Section 305 of the National Aeronautics and Space Act 
        of 1958 (42 U.S.C. 2457) is amended--
                    (A) in subsection (c) by striking ``Commissioner of 
                Patents'' and inserting ``Under Secretary of Commerce 
                for Intellectual Property and Director of the United 
                States Patent and Trademark Office (hereafter in this 
                section referred to as the `Director')''; and
                    (B) by striking ``Commissioner'' each subsequent 
                place it appears and inserting ``Director''.
            (21) Section 12(a) of the Solar Heating and Cooling 
        Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by 
        striking ``Commissioner of the Patent Office'' and inserting 
        ``Under Secretary of Commerce for Intellectual Property and 
        Director of the United States Patent and Trademark Office''.
            (22) Section 1111 of title 44, United States Code, is 
        amended by striking ``the Commissioner of Patents,''.
            (23) Section 1114 of title 44, United States Code, is 
        amended by striking ``the Commissioner of Patents,''.
            (24) Section 1123 of title 44, United States Code, is 
        amended by striking ``the Patent Office,''.
            (25) Sections 1337 and 1338 of title 44, United States Code, 
        and the items relating to those sections in the table of 
        contents for chapter 13 of such title, are repealed.
            (26) Section 10(i) of the Trading with the Enemy Act (50 
        U.S.C. App. 10(i)) is amended by striking ``Commissioner of 
        Patents'' and inserting ``Under Secretary of Commerce for 
        Intellectual Property and Director of the United States Patent 
        and Trademark Office''.

                   CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 4741. REFERENCES.

    (a) In General.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which a function is 
transferred by this subtitle--
            (1) to the head of such department or office is deemed to 
        refer to the head of the department or office to which such 
        function is transferred; or
            (2) to such department or office is deemed to refer to the 
        department or office to which such function is transferred.

[[Page 113 STAT. 1501A-586]]

    (b) Specific References.--Any reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or pertaining to the Patent and Trademark Office--
            (1) to the Commissioner of Patents and Trademarks is deemed 
        to refer to the Under Secretary of Commerce for Intellectual 
        Property and Director of the United States Patent and Trademark 
        Office;
            (2) to the Assistant Commissioner for Patents is deemed to 
        refer to the Commissioner for Patents; or
            (3) to the Assistant Commissioner for Trademarks is deemed 
        to refer to the Commissioner for Trademarks.

SEC. 4742. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred by this subtitle may, for purposes of performing 
the function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function immediately 
before the effective date of the transfer of the function under this 
subtitle.

SEC. 4743. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Secretary of Commerce, 
        any officer or employee of any office transferred by this 
        subtitle, or any other Government official, or by a court of 
        competent jurisdiction, in the performance of any function that 
        is transferred by this subtitle; and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date), shall continue in 
        effect according to their terms until modified, terminated, 
        superseded, set aside, or revoked in accordance with law by the 
        President, any other authorized official, a court of competent 
        jurisdiction, or operation of law.

    (b) Proceedings.--This subtitle shall not affect any proceedings or 
any application for any benefits, service, license, permit, certificate, 
or financial assistance pending on the effective date of this subtitle 
before an office transferred by this subtitle, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this subtitle had not been enacted, 
and orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this subtitle had not been 
enacted.
    (c) Suits.--This subtitle shall not affect suits commenced before 
the effective date of this subtitle, and in all such suits, proceedings 
shall be had, appeals taken, and judgments rendered in the same

[[Page 113 STAT. 1501A-587]]

manner and with the same effect as if this subtitle had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Commerce or the Secretary of 
Commerce, or by or against any individual in the official capacity of 
such individual as an officer or employee of an office transferred by 
this subtitle, shall abate by reason of the enactment of this subtitle.
    (e) Continuance of Suits.--If any Government officer in the official 
capacity of such officer is party to a suit with respect to a function 
of the officer, and under this subtitle such function is transferred to 
any other officer or office, then such suit shall be continued with the 
other officer or the head of such other office, as applicable, 
substituted or added as a party.
    (f ) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this subtitle, any statutory requirements relating 
to notice, hearings, action upon the record, or administrative or 
judicial review that apply to any function transferred by this subtitle 
shall apply to the exercise of such function by the head of the Federal 
agency, and other officers of the agency, to which such function is 
transferred by this subtitle.

SEC. 4744. TRANSFER OF ASSETS.

    Except as otherwise provided in this subtitle, so much of the 
personnel, property, records, and unexpended balances of appropriations, 
allocations, and other funds employed, used, held, available, or to be 
made available in connection with a function transferred to an official 
or agency by this subtitle shall be available to the official or the 
head of that agency, respectively, at such time or times as the Director 
of the Office of Management and Budget directs for use in connection 
with the functions transferred.

SEC. 4745. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise 
provided in this subtitle, an official to whom functions are transferred 
under this subtitle (including the head of any office to which functions 
are transferred under this subtitle) may delegate any of the functions 
so transferred to such officers and employees of the office of the 
official as the official may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any other provision 
of this subtitle shall relieve the official to whom a function is 
transferred under this subtitle of responsibility for the administration 
of the function.
SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND 
                          BUDGET WITH RESPECT TO FUNCTIONS 
                          TRANSFERRED.

    (a) Determinations.--If necessary, the Director of the Office of 
Management and Budget shall make any determination of the functions that 
are transferred under this subtitle.
    (b) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as the Director shall provide, may 
make such determinations as may be necessary with regard to the 
functions transferred by this subtitle, and to make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds

[[Page 113 STAT. 1501A-588]]

held, used, arising from, available to, or to be made available in 
connection with such functions, as may be necessary to carry out the 
provisions of this subtitle. The Director shall provide for the 
termination of the affairs of all entities terminated by this subtitle 
and for such further measures and dispositions as may be necessary to 
effectuate the purposes of this subtitle.

SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

    For purposes of this subtitle, the vesting of a function in a 
department or office pursuant to reestablishment of an office shall be 
considered to be the transfer of the function.

SEC. 4748. AVAILABILITY OF EXISTING FUNDS.

    Existing appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to this subtitle 
shall remain available, for the duration of their period of 
availability, for necessary expenses in connection with the termination 
and resolution of such functions, programs, and activities, subject to 
the submission of a plan to the Committees on Appropriations of the 
House and Senate in accordance with the procedures set forth in section 
605 of the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1999, as contained in Public 
Law 105-277.

SEC. 4749. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, or 
        program; and
            (2) the term ``office'' includes any office, administration, 
        agency, bureau, institute, council, unit, organizational entity, 
        or component thereof.

               Subtitle H--Miscellaneous Patent Provisions

SEC. 4801. PROVISIONAL APPLICATIONS.

    (a) Abandonment.--Section 111(b)(5) of title 35, United States Code, 
is amended to read as follows:
            ``(5) Abandonment.--Notwithstanding the absence of a claim, 
        upon timely request and as prescribed by the Director, a 
        provisional application may be treated as an application filed 
        under subsection (a). Subject to section 119(e)(3) of this 
        title, if no such request is made, the provisional application 
        shall be regarded as abandoned 12 months after the filing date 
        of such application and shall not be subject to revival after 
        such 12-month period.''.

    (b) Technical Amendment Relating to Weekends and Holidays.--Section 
119(e) of title 35, United States Code, is amended by adding at the end 
the following:
            ``(3) If the day that is 12 months after the filing date of 
        a provisional application falls on a Saturday, Sunday, or 
        Federal holiday within the District of Columbia, the period of 
        pendency of the provisional application shall be extended to the 
        next succeeding secular or business day.''.

[[Page 113 STAT. 1501A-589]]

    (c) Elimination of Copendency Requirement.--Section 119(e)(2) of 
title 35, United States Code, is amended by striking ``and the 
provisional application was pending on the filing date of the 
application for patent under section 111(a) or section 363 of this 
title''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to any 
provisional application filed on or after June 8, 1995, except that the 
amendments made by subsections (b) and (c) shall have no effect with 
respect to any patent which is the subject of litigation in an action 
commenced before such date of enactment.

SEC. 4802. INTERNATIONAL APPLICATIONS.

    Section 119 of title 35, United States Code, is amended as follows:
            (1) In subsection (a), insert ``or in a WTO member 
        country,'' after ``or citizens of the United States,''.
            (2) At the end of section 119 add the following new 
        subsections:

    ``(f ) Applications for plant breeder's rights filed in a WTO member 
country (or in a foreign UPOV Contracting Party) shall have the same 
effect for the purpose of the right of priority under subsections (a) 
through (c) of this section as applications for patents, subject to the 
same conditions and requirements of this section as apply to 
applications for patents.
    ``(g) As used in this section--
            ``(1) the term `WTO member country' has the same meaning as 
        the term is defined in section 104(b)(2) of this title; and
            ``(2) the term `UPOV Contracting Party' means a member of 
        the International Convention for the Protection of New Varieties 
        of Plants.''.
SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT 
                          NOT APPLICABLE.

    Section 287(c)(4) of title 35, United States Code, is amended by 
striking ``before the date of enactment of this subsection'' and 
inserting ``based on an application the earliest effective filing date 
of which is prior to September 30, 1996''.

SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.

    (a) Printing of Papers Filed.--Section 22 of title 35, United States 
Code, is amended by striking ``printed or typewritten'' and inserting 
``printed, typewritten, or on an electronic medium''.
    (b) Publications.--Section 11(a) of title 35, United States Code, is 
amended by amending the matter preceding paragraph 1 to read as follows:
    ``(a) The Director may publish in printed, typewritten, or 
electronic form, the following:''.
    (c) Copies of Patents for Public Libraries.--Section 13 of title 35, 
United States Code, is amended by striking ``printed copies of 
specifications and drawings of patents'' and inserting ``copies of 
specifications and drawings of patents in printed or electronic form''.
    (d) Maintenance of Collections.--
            (1) Electronic collections.--Section 41(i)(1) of title 35, 
        United States Code, is amended by striking ``paper or 
        microform'' and inserting ``paper, microform, or electronic''.

[[Page 113 STAT. 1501A-590]]

            (2) Continuation of maintenance.--The Under Secretary of 
        Commerce for Intellectual Property and Director of the United 
        States Patent and Trademark Office shall not, pursuant to the 
        amendment made by paragraph (1), cease to maintain, for use by 
        the public, paper or microform collections of United States 
        patents, foreign patent documents, and United States trademark 
        registrations, except pursuant to notice and opportunity for 
        public comment and except that the Director shall first submit a 
        report to the Committees on the Judiciary of the Senate and the 
        House of Representatives detailing such plan, including a 
        description of the mechanisms in place to ensure the integrity 
        of such collections and the data contained therein, as well as 
        to ensure prompt public access to the most current available 
        information, and certifying that the implementation of such plan 
        will not negatively impact the public.
SEC. 4805. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF 
                          BIOTECHNOLOGY PATENTS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States, in 
consultation with the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
shall conduct a study and submit a report to Congress on the potential 
risks to the United States biotechnology industry relating to biological 
deposits in support of biotechnology patents.
    (b) Contents.--The study conducted under this section shall 
include--
            (1) an examination of the risk of export and the risk of 
        transfers to third parties of biological deposits, and the risks 
        posed by the change to 18-month publication requirements made by 
        this subtitle;
            (2) an analysis of comparative legal and regulatory regimes; 
        and
            (3) any related recommendations.

    (c) Consideration of Report.--In drafting regulations affecting 
biological deposits (including any modification of title 37, Code of 
Federal Regulations, section 1.801 et seq.), the United States Patent 
and Trademark Office shall consider the recommendations of the study 
conducted under this section.

SEC. 4806. PRIOR INVENTION.

    Section 102(g) of title 35, United States Code, is amended to read 
as follows:
    ``(g)(1) during the course of an interference conducted under 
section 135 or section 291, another inventor involved therein 
establishes, to the extent permitted in section 104, that before such 
person's invention thereof the invention was made by such other inventor 
and not abandoned, suppressed, or concealed, or (2) before such person's 
invention thereof, the invention was made in this country by another 
inventor who had not abandoned, suppressed, or concealed it. In 
determining priority of invention under this subsection, there shall be 
considered not only the respective dates of conception and reduction to 
practice of the invention, but also the reasonable diligence of one who 
was first to conceive and last to reduce to practice, from a time prior 
to conception by the other.''.

[[Page 113 STAT. 1501A-591]]

SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED 
                          PATENTS.

    (a) Prior Art Exclusion.--Section 103(c) of title 35, United States 
Code, is amended by striking ``subsection (f ) or (g)'' and inserting 
``one or more of subsections (e), (f ), and (g)''.
    (b) Effective Date.--The amendment made by this section shall apply 
to any application for patent filed on or after the date of the 
enactment of this Act.
SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN COUNTRIES.

    Section 12 of title 35, United States Code, is amended by adding at 
the end the following: ``The Director shall not enter into an agreement 
to provide such copies of specifications and drawings of United States 
patents and applications to a foreign country, other than a NAFTA 
country or a WTO member country, without the express authorization of 
the Secretary of Commerce. For purposes of this section, the terms 
`NAFTA country' and `WTO member country' have the meanings given those 
terms in section 104(b).''.

                    TITLE V--MISCELLANEOUS PROVISIONS

SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION.

    (a) References.--Wherever in this section an amendment is expressed 
in terms of an amendment to any provision, the reference shall be 
considered to be made to such provision of section 1405 of the Child 
Online Protection Act (47 U.S.C. 231 note).
    (b) Membership.--Subsection (b) is amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph:
            ``(1) Industry members.--The Commission shall include 16 
        members who shall consist of representatives of--
                    ``(A) providers of Internet filtering or blocking 
                services or software;
                    ``(B) Internet access services;
                    ``(C) labeling or ratings services;
                    ``(D) Internet portal or search services;
                    ``(E) domain name registration services;
                    ``(F) academic experts; and
                    ``(G) providers that make content available over the 
                Internet.
        Of the members of the Commission by reason of this paragraph, an 
        equal number shall be appointed by the Speaker of the House of 
        Representatives and by the Majority Leader of the Senate. 
        Members of the Commission appointed on or before October 31, 
        1999, shall remain members.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Prohibition of pay.--Members of the Commission shall 
        not receive any pay by reason of their membership on the 
        Commission.''.

    (c) Extension of Reporting Deadline.--The matter in subsection (d) 
that precedes paragraph (1) is amended by striking ``1 year'' and 
inserting ``2 years''.

[[Page 113 STAT. 1501A-592]]

    (d) Termination.--Subsection (f ) is amended by inserting before the 
period at the end the following: ``or November 30, 2000, whichever 
occurs earlier''.
    (e) First Meeting and Chairperson.--Section 1405 is amended--
            (1) by striking subsection (e);
            (2) by redesignating subsections (f ) (as amended by the 
        preceding provisions of this section) and (g) as subsections (l) 
        and (m), respectively;
            (3) by redesignating subsections (c) and (d) (as amended by 
        the preceding provisions of this section) as subsections (e) and 
        (f ), respectively; and
            (4) by inserting after subsection (b) the following new 
        subsections:

    ``(c) First Meeting.--The Commission shall hold its first meeting 
not later than March 31, 2000.
    ``(d) Chairperson.--The chairperson of the Commission shall be 
elected by a vote of a majority of the members, which shall take place 
not later than 30 days after the first meeting of the Commission.''.
    (f ) Rules of the Commission.--Section 1405 is amended by inserting 
after subsection (f ) (as so redesignated by subsection (e)(3) of this 
section) the following new subsection:
    ``(g) Rules of the Commission.--
            ``(1) Quorum.--Nine members of the Commission shall 
        constitute a quorum for conducting the business of the 
        Commission.
            ``(2) Meetings.--Any meetings held by the Commission shall 
        be duly noticed at least 14 days in advance and shall be open to 
        the public.
            ``(3) Opportunities to testify.--The Commission shall 
        provide opportunities for representatives of the general public 
        to testify.
            ``(4) Additional rules.--The Commission may adopt other 
        rules as necessary to carry out this section.''.
SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING 
                          ENTITIES.

    (a) Amendment.--Section 396(k) of the Communications Act of 1934 (47 
U.S.C. 396(k)) is amended by adding at the end the following new 
paragraph:
    ``(12) Funds may not be distributed under this subsection to any 
public broadcasting entity that directly or indirectly--
            ``(A) rents contributor or donor names (or other personally 
        identifiable information) to or from, or exchanges such names or 
        information with, any Federal, State, or local candidate, 
        political party, or political committee; or
            ``(B) discloses contributor or donor names, or other 
        personally identifiable information, to any nonaffiliated third 
        party unless--
                    ``(i) such entity clearly and conspicuously 
                discloses to the contributor or donor that such 
                information may be disclosed to such third party;
                    ``(ii) the contributor or donor is given the 
                opportunity, before the time that such information is 
                initially disclosed, to direct that such information not 
                be disclosed to such third party; and

[[Page 113 STAT. 1501A-593]]

                    ``(iii) the contributor or donor is given an 
                explanation of how the contributor or donor may exercise 
                that nondisclosure option.''.

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to funds distributed on or after 6 months after the 
date of the enactment of this Act.

SEC. 5003. COMPLETION OF BIENNIAL REGULATORY REVIEW.

    Within 180 days after the date of the enactment of this Act, the 
Federal Communications Commission shall complete the first biennial 
review required by section 202(h) of the Telecommunications Act of 1996 
(Public Law 104-104; 110 Stat. 111).

SEC. 5004. PUBLIC BROADCASTING ENTITIES.

    (a) Civil Remittance of Damages.--Section 1203(c)(5)(B) of title 17, 
United States Code, is amended to read as follows:
                    ``(B) Nonprofit library, archives, educational 
                institutions, or public broadcasting entities.--
                          ``(i) Definition.--In this subparagraph, the 
                      term `public broadcasting entity' has the meaning 
                      given such term under section 118(g).
                          ``(ii) In general.--In the case of a nonprofit 
                      library, archives, educational institution, or 
                      public broadcasting entity, the court shall remit 
                      damages in any case in which the library, 
                      archives, educational institution, or public 
                      broadcasting entity sustains the burden of 
                      proving, and the court finds, that the library, 
                      archives, educational institution, or public 
                      broadcasting entity was not aware and had no 
                      reason to believe that its acts constituted a 
                      violation.''.

    (b) Criminal Offenses and Penalties.--Section 1204(b) of title 17, 
United States Code, is amended to read as follows:
    ``(b) Limitation for Nonprofit Library, Archives, Educational 
Institution, or Public Broadcasting Entity.--Subsection (a) shall not 
apply to a nonprofit library, archives, educational institution, or 
public broadcasting entity (as defined under section 118(g)).''.
SEC. 5005. TECHNICAL AMENDMENTS RELATING TO VESSEL HULL DESIGN 
                          PROTECTION.

    (a) In General.--
            (1) Section 504(a) of the Digital Millennium Copyright Act 
        (Public Law 105-304) is amended to read as follows:

    ``(a) In General.--Not later than November 1, 2003, the Register of 
Copyrights and the Commissioner of Patents and Trademarks shall submit 
to the Committees on the Judiciary of the Senate and the House of 
Representatives a joint report evaluating the effect of the amendments 
made by this title.''.
            (2) Section 505 of the Digital Millennium Copyright Act is 
        amended by striking ``and shall remain in effect'' and all that 
        follows through the end of the section and inserting a period.
            (3) Section 1301(b)(3) of title 17, United States Code, is 
        amended to read as follows:
            ``(3) A `vessel' is a craft--
                    ``(A) that is designed and capable of independently 
                steering a course on or through water through its own 
                means of propulsion; and

[[Page 113 STAT. 1501A-594]]

                    ``(B) that is designed and capable of carrying and 
                transporting one or more passengers.''.
            (4) Section 1313(c) of title 17, United States Code, is 
        amended by adding at the end the following: ``Costs of the 
        cancellation procedure under this subsection shall be borne by 
        the nonprevailing party or parties, and the Administrator shall 
        have the authority to assess and collect such costs.''.

    (b) Tariff Act of 1930.--Section 337 of the Tariff Act of 1930 (19 
U.S.C. 1337) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``and 
                      (D)'' and inserting ``(D), and (E)''; and
                          (ii) by adding at the end the following:
                    ``(E) The importation into the United States, the 
                sale for importation, or the sale within the United 
                States after importation by the owner, importer, or 
                consigner, of an article that constitutes infringement 
                of the exclusive rights in a design protected under 
                chapter 13 of title 17, United States Code.''; and
                    (B) in paragraphs (2) and (3), by striking ``or mask 
                work'' and inserting ``mask work, or design''; and
            (2) in subsection (l), by striking ``or mask work'' each 
        place it appears and inserting ``mask work, or design''.

SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT DETERMINATION.

    Section 1201(a)(1)(C) of title 17, United States Code, is amended in 
the first sentence by striking ``on the record''.

SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS.

    Section 9306 of title 31, United States Code, is amended--
            (1) in subsection (a) by striking all beginning with 
        ``designates a person by written power of attorney'' through the 
        end of such subsection and inserting the following: ``has a 
        resident agent for service of process for that district. The 
        resident agent--
            ``(1) may be an official of the State, the District of 
        Columbia, the territory or possession in which the court sits 
        who is authorized or appointed under the law of the State, 
        District, territory or possession to receive service of process 
        on the corporation; or
            ``(2) may be an individual who resides in the jurisdiction 
        of the district court for the district in which a surety bond is 
        to be provided and who is appointed by the corporation as 
        provided in subsection (b)''; and
            (2) in subsection (b) by striking ``The'' and inserting ``If 
        the surety corporation meets the requirement of subsection (a) 
        by appointing an individual under subsection (a)(2), the''.

SEC. 5008. LOW-POWER TELEVISION.

    (a) Short Title.--This section may be cited as the ``Community 
Broadcasters Protection Act of 1999''.
    (b) Findings.--Congress finds the following:
            (1) Since the creation of low-power television licenses by 
        the Federal Communications Commission, a small number of license 
        holders have operated their stations in a manner beneficial to 
        the public good providing broadcasting to their communities that 
        would not otherwise be available.

[[Page 113 STAT. 1501A-595]]

            (2) These low-power broadcasters have operated their 
        stations in a manner consistent with the programming objectives 
        and hours of operation of full-power broadcasters providing 
        worthwhile services to their respective communities while under 
        severe license limitations compared to their full-power 
        counterparts.
            (3) License limitations, particularly the temporary nature 
        of the license, have blocked many low-power broadcasters from 
        having access to capital, and have severely hampered their 
        ability to continue to provide quality broadcasting, 
        programming, or improvements.
            (4) The passage of the Telecommunications Act of 1996 has 
        added to the uncertainty of the future status of these stations 
        by the lack of specific provisions regarding the permanency of 
        their licenses, or their treatment during the transition to high 
        definition, digital television.
            (5) It is in the public interest to promote diversity in 
        television programming such as that currently provided by low-
        power television stations to foreign-language communities.

    (c) Preservation of Low-Power Community Television Broadcasting.--
Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is 
amended--
            (1) by redesignating subsections (f ) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection:

    ``(f ) Preservation of Low-Power Community Television 
Broadcasting.--
            ``(1) Creation of class a licenses.--
                    ``(A) Rulemaking Required.--Within 120 days after 
                the date of the enactment of the Community Broadcasters 
                Protection Act of 1999, the Commission shall prescribe 
                regulations to establish a class A television license to 
                be available to licensees of qualifying low-power 
                television stations. Such regulations shall provide 
                that--
                          ``(i) the license shall be subject to the same 
                      license terms and renewal standards as the 
                      licenses for full-power television stations except 
                      as provided in this subsection; and
                          ``(ii) each such class A licensee shall be 
                      accorded primary status as a television 
                      broadcaster as long as the station continues to 
                      meet the requirements for a qualifying low-power 
                      station in paragraph (2).
                    ``(B) Notice to and certification by licensees.--
                Within 30 days after the date of the enactment of the 
                Community Broadcasters Protection Act of 1999, the 
                Commission shall send a notice to the licensees of all 
                low-power television licenses that describes the 
                requirements for class A designation. Within 60 days 
                after such date of enactment, licensees intending to 
                seek class A designation shall submit to the Commission 
                a certification of eligibility based on the 
                qualification requirements of this subsection. Absent a 
                material deficiency, the Commission shall grant 
                certification of eligibility to apply for class A 
                status.
                    ``(C) Application for and award of licenses.--
                Consistent with the requirements set forth in paragraph 
                (2)(A)

[[Page 113 STAT. 1501A-596]]

                of this subsection, a licensee may submit an application 
                for class A designation under this paragraph within 30 
                days after final regulations are adopted under 
                subparagraph (A) of this paragraph. Except as provided 
                in paragraphs (6) and (7), the Commission shall, within 
                30 days after receipt of an application of a licensee of 
                a qualifying low-power television station that is 
                acceptable for filing, award such a class A television 
                station license to such licensee.
                    ``(D) Resolution of technical problems.--The 
                Commission shall act to preserve the service areas of 
                low-power television licensees pending the final 
                resolution of a class A application. If, after granting 
                certification of eligibility for a class A license, 
                technical problems arise requiring an engineering 
                solution to a full-power station's allotted parameters 
                or channel assignment in the digital television Table of 
                Allotments, the Commission shall make such modifications 
                as necessary--
                          ``(i) to ensure replication of the full-power 
                      digital television applicant's service area, as 
                      provided for in sections 73.622 and 73.623 of the 
                      Commission's regulations (47 CFR 73.622, 73.623); 
                      and
                          ``(ii) to permit maximization of a full-power 
                      digital television applicant's service area 
                      consistent with such sections 73.622 and 73.623,
                if such applicant has filed an application for 
                maximization or a notice of its intent to seek such 
                maximization by December 31, 1999, and filed a bona fide 
                application for maximization by May 1, 2000. Any such 
                applicant shall comply with all applicable Commission 
                rules regarding the construction of digital television 
                facilities.
                    ``(E) Change applications.--If a station that is 
                awarded a construction permit to maximize or 
                significantly enhance its digital television service 
                area, later files a change application to reduce its 
                digital television service area, the protected contour 
                of that station shall be reduced in accordance with such 
                change modification.
            ``(2) Qualifying low-power television stations.--For 
        purposes of this subsection, a station is a qualifying low-power 
        television station if--
                    ``(A)(i) during the 90 days preceding the date of 
                the enactment of the Community Broadcasters Protection 
                Act of 1999--
                          ``(I) such station broadcast a minimum of 18 
                      hours per day;
                          ``(II) such station broadcast an average of at 
                      least 3 hours per week of programming that was 
                      produced within the market area served by such 
                      station, or the market area served by a group of 
                      commonly controlled low-power stations that carry 
                      common local programming produced within the 
                      market area served by such group; and
                          ``(III) such station was in compliance with 
                      the Commission's requirements applicable to low-
                      power television stations; and
                    ``(ii) from and after the date of its application 
                for a class A license, the station is in compliance with 
                the

[[Page 113 STAT. 1501A-597]]

                Commission's operating rules for full-power television 
                stations; or
                    ``(B) the Commission determines that the public 
                interest, convenience, and necessity would be served by 
                treating the station as a qualifying low-power 
                television station for purposes of this section, or for 
                other reasons determined by the Commission.
            ``(3) Common ownership.--No low-power television station 
        authorized as of the date of the enactment of the Community 
        Broadcasters Protection Act of 1999 shall be disqualified for a 
        class A license based on common ownership with any other medium 
        of mass communication.
            ``(4) Issuance of licenses for advanced television services 
        to television translator stations and qualifying low-power 
        television stations.--The Commission is not required to issue 
        any additional license for advanced television services to the 
        licensee of a class A television station under this subsection, 
        or to any licensee of any television translator station, but 
        shall accept a license application for such services proposing 
        facilities that will not cause interference to the service area 
        of any other broadcast facility applied for, protected, 
        permitted, or authorized on the date of filing of the advanced 
        television application. Such new license or the original license 
        of the applicant shall be forfeited after the end of the digital 
        television service transition period, as determined by the 
        Commission. A licensee of a low-power television station or 
        television translator station may, at the option of licensee, 
        elect to convert to the provision of advanced television 
        services on its analog channel, but shall not be required to 
        convert to digital operation until the end of such transition 
        period.
            ``(5) No preemption of section 337.--Nothing in this 
        subsection preempts or otherwise affects section 337 of this 
        Act.
            ``(6) Interim qualification.--
                    ``(A) Stations operating within certain bandwidth.--
                The Commission may not grant a class A license to a low-
                power television station for operation between 698 and 
                806 megahertz, but the Commission shall provide to low-
                power television stations assigned to and temporarily 
                operating in that bandwidth the opportunity to meet the 
                qualification requirements for a class A license. If 
                such a qualified applicant for a class A license is 
                assigned a channel within the core spectrum (as such 
                term is defined in MM Docket No. 87-286, February 17, 
                1998), the Commission shall issue a class A license 
                simultaneously with the assignment of such channel.
                    ``(B) Certain channels off-limits.--The Commission 
                may not grant under this subsection a class A license to 
                a low-power television station operating on a channel 
                within the core spectrum that includes any of the 175 
                additional channels referenced in paragraph 45 of its 
                February 23, 1998, Memorandum Opinion and Order on 
                Reconsideration of the Sixth Report and Order (MM Docket 
                No. 87-268). Within 18 months after the date of the 
                enactment of the Community Broadcasters Protection Act 
                of 1999, the Commission shall identify by channel, 
                location, and applicable technical parameters those 175 
                channels.

[[Page 113 STAT. 1501A-598]]

            ``(7) No interference requirement.--The Commission may not 
        grant a class A license, nor approve a modification of a class A 
        license, unless the applicant or licensee shows that the class A 
        station for which the license or modification is sought will not 
        cause--
                    ``(A) interference within--
                          ``(i) the predicted Grade B contour (as of the 
                      date of the enactment of the Community 
                      Broadcasters Protection Act of 1999, or November 
                      1, 1999, whichever is later, or as proposed in a 
                      change application filed on or before such date) 
                      of any television station transmitting in analog 
                      format; or
                          ``(ii)(I) the digital television service areas 
                      provided in the DTV Table of Allotments; (II) the 
                      areas protected in the Commission's digital 
                      television regulations (47 CFR 73.622 (e) and (f 
                      )); (III) the digital television service areas of 
                      stations subsequently granted by the Commission 
                      prior to the filing of a class A application; and 
                      (IV) stations seeking to maximize power under the 
                      Commission's rules, if such station has complied 
                      with the notification requirements in paragraph 
                      (1)(D);
                    ``(B) interference within the protected contour of 
                any low-power television station or low-power television 
                translator station that--
                          ``(i) was licensed prior to the date on which 
                      the application for a class A license, or for the 
                      modification of such a license, was filed;
                          ``(ii) was authorized by construction permit 
                      prior to such date; or
                          ``(iii) had a pending application that was 
                      submitted prior to such date; or
                    ``(C) interference within the protected contour of 
                80 miles from the geographic center of the areas listed 
                in section 22.625(b)(1) or 90.303 of the Commission's 
                regulations (47 CFR 22.625(b)(1) and 90.303) for 
                frequencies in--
                          ``(i) the 470-512 megahertz band identified in 
                      section 22.621 or 90.303 of such regulations; or
                          ``(ii) the 482-488 megahertz band in New York.
            ``(8) Priority for displaced low-power stations.--Low-power 
        stations that are displaced by an application filed under this 
        section shall have priority over other low-power stations in the 
        assignment of available channels.''.

                  TITLE VI--SUPERFUND RECYCLING EQUITY

SEC. 6001. SUPERFUND RECYCLING EQUITY.

    (a) Purposes.--The purposes of this section are--
            (1) to promote the reuse and recycling of scrap material in 
        furtherance of the goals of waste minimization and natural 
        resource conservation while protecting human health and the 
        environment;
            (2) to create greater equity in the statutory treatment of 
        recycled versus virgin materials; and

[[Page 113 STAT. 1501A-599]]

            (3) to remove the disincentives and impediments to recycling 
        created as an unintended consequence of the 1980 Superfund 
        liability provisions.

    (b) Clarification of Liability Under CERCLA for Recycling 
Transactions.--
            (1) Clarification.--Title I of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--
            ``(1) As provided in subsections (b), (c), (d), and (e), a 
        person who arranged for recycling of recyclable material shall 
        not be liable under sections 107(a)(3) and 107(a)(4) with 
        respect to such material.
            ``(2) A determination whether or not any person shall be 
        liable under section 107(a)(3) or section 107(a)(4) for any 
        material that is not a recyclable material as that term is used 
        in subsections (b) and (c), (d), or (e) of this section shall be 
        made, without regard to subsections (b), (c), (d), or (e) of 
        this section.

    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber (other than whole tires), scrap 
metal, or spent lead-acid, spent nickel-cadmium, and other spent 
batteries, as well as minor amounts of material incident to or adhering 
to the scrap material as a result of its normal and customary use prior 
to becoming scrap; except that such term shall not include--
            ``(1) shipping containers of a capacity from 30 liters to 
        3,000 liters, whether intact or not, having any hazardous 
        substance (but not metal bits and pieces or hazardous substance 
        that form an integral part of the container) contained in or 
        adhering thereto; or
            ``(2) any item of material that contained polychlorinated 
        biphenyls at a concentration in excess of 50 parts per million 
        or any new standard promulgated pursuant to applicable Federal 
        laws.

    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--Transactions involving scrap paper, scrap plastic, scrap 
glass, scrap textiles, or scrap rubber (other than whole tires) shall be 
deemed to be arranging for recycling if the person who arranged for the 
transaction (by selling recyclable material or otherwise arranging for 
the recycling of recyclable material) can demonstrate by a preponderance 
of the evidence that all of the following criteria were met at the time 
of the transaction:
            ``(1) The recyclable material met a commercial specification 
        grade.
            ``(2) A market existed for the recyclable material.
            ``(3) A substantial portion of the recyclable material was 
        made available for use as feedstock for the manufacture of a new 
        saleable product.
            ``(4) The recyclable material could have been a replacement 
        or substitute for a virgin raw material, or the product to be

[[Page 113 STAT. 1501A-600]]

        made from the recyclable material could have been a replacement 
        or substitute for a product made, in whole or in part, from a 
        virgin raw material.
            ``(5) For transactions occurring 90 days or more after the 
        date of enactment of this section, the person exercised 
        reasonable care to determine that the facility where the 
        recyclable material was handled, processed, reclaimed, or 
        otherwise managed by another person (hereinafter in this section 
        referred to as a `consuming facility') was in compliance with 
        substantive (not procedural or administrative) provisions of any 
        Federal, State, or local environmental law or regulation, or 
        compliance order or decree issued pursuant thereto, applicable 
        to the handling, processing, reclamation, storage, or other 
        management activities associated with recyclable material.
            ``(6) For purposes of this subsection, `reasonable care' 
        shall be determined using criteria that include (but are not 
        limited to)--
                    ``(A) the price paid in the recycling transaction;
                    ``(B) the ability of the person to detect the nature 
                of the consuming facility's operations concerning its 
                handling, processing, reclamation, or other management 
                activities associated with recyclable material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive (not 
                procedural or administrative) provisions of any Federal, 
                State, or local environmental law or regulation, or 
                compliance order or decree issued pursuant thereto, 
                applicable to the handling, processing, reclamation, 
                storage, or other management activities associated with 
                the recyclable material. For the purposes of this 
                paragraph, a requirement to obtain a permit applicable 
                to the handling, processing, reclamation, or other 
                management activity associated with the recyclable 
                materials shall be deemed to be a substantive provision.

    ``(d) Transactions Involving Scrap Metal.--
            ``(1) Transactions involving scrap metal shall be deemed to 
        be arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that at the time 
        of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the scrap metal;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator promulgates under the Solid Waste Disposal 
                Act subsequent to the enactment of this section and with 
                regard to transactions occurring after the effective 
                date of such regulations or standards; and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) For purposes of paragraph (1)(C), melting of scrap 
        metal does not include the thermal separation of 2 or more

[[Page 113 STAT. 1501A-601]]

        materials due to differences in their melting points (referred 
        to as `sweating').
            ``(3) For purposes of this subsection, the term `scrap 
        metal' means bits and pieces of metal parts (e.g., bars, 
        turnings, rods, sheets, wire) or metal pieces that may be 
        combined together with bolts or soldering (e.g., radiators, 
        scrap automobiles, railroad box cars), which when worn or 
        superfluous can be recycled, except for scrap metals that the 
        Administrator excludes from this definition by regulation.

    ``(e) Transactions Involving Batteries.--Transactions involving 
spent lead-acid batteries, spent nickel-cadmium batteries, or other 
spent batteries shall be deemed to be arranging for recycling if the 
person who arranged for the transaction (by selling recyclable material 
or otherwise arranging for the recycling of recyclable material) can 
demonstrate by a preponderance of the evidence that at the time of the 
transaction--
            ``(1) the person met the criteria set forth in subsection 
        (c) with respect to the spent lead-acid batteries, spent nickel-
        cadmium batteries, or other spent batteries, but the person did 
        not recover the valuable components of such batteries; and
            ``(2)(A) with respect to transactions involving lead-acid 
        batteries, the person was in compliance with applicable Federal 
        environmental regulations or standards, and any amendments 
        thereto, regarding the storage, transport, management, or other 
        activities associated with the recycling of spent lead-acid 
        batteries;
            ``(B) with respect to transactions involving nickel-cadmium 
        batteries, Federal environmental regulations or standards are in 
        effect regarding the storage, transport, management, or other 
        activities associated with the recycling of spent nickel-cadmium 
        batteries, and the person was in compliance with applicable 
        regulations or standards or any amendments thereto; or
            ``(C) with respect to transactions involving other spent 
        batteries, Federal environmental regulations or standards are in 
        effect regarding the storage, transport, management, or other 
        activities associated with the recycling of such batteries, and 
        the person was in compliance with applicable regulations or 
        standards or any amendments thereto.

    ``(f) Exclusions.--
            ``(1) The exemptions set forth in subsections (c), (d), and 
        (e) shall not apply if--
                    ``(A) the person had an objectively reasonable basis 
                to believe at the time of the recycling transaction--
                          ``(i) that the recyclable material would not 
                      be recycled;
                          ``(ii) that the recyclable material would be 
                      burned as fuel, or for energy recovery or 
                      incineration; or
                          ``(iii) for transactions occurring before 90 
                      days after the date of the enactment of this 
                      section, that the consuming facility was not in 
                      compliance with a substantive (not procedural or 
                      administrative) provision of any Federal, State, 
                      or local environmental law or regulation, or 
                      compliance order or decree issued pursuant 
                      thereto, applicable to the handling, processing, 
                      reclamation, or other management activities 
                      associated with the recyclable material;

[[Page 113 STAT. 1501A-602]]

                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling; or
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances).
            ``(2) For purposes of this subsection, an objectively 
        reasonable basis for belief shall be determined using criteria 
        that include (but are not limited to) the size of the person's 
        business, customary industry practices (including customary 
        industry practices current at the time of the recycling 
        transaction designed to minimize, through source control, 
        contamination of the recyclable material by hazardous 
        substances), the price paid in the recycling transaction, and 
        the ability of the person to detect the nature of the consuming 
        facility's operations concerning its handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable material.
            ``(3) For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with 
        recyclable material shall be deemed to be a substantive 
        provision.

    ``(g) Effect on Other Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under paragraph (1) or (2) of 
section 107(a).
    ``(h) Regulations.--The Administrator has the authority, under 
section 115, to promulgate additional regulations concerning this 
section.
    ``(i) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to enactment of this section.
    ``(j) Liability for Attorney's Fees for Certain Actions.--Any person 
who commences an action in contribution against a person who is not 
liable by operation of this section shall be liable to that person for 
all reasonable costs of defending that action, including all reasonable 
attorney's and expert witness fees.
    ``(k) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) liability under any other Federal, State, or local 
        statute or regulation promulgated pursuant to any such statute, 
        including any requirements promulgated by the Administrator 
        under the Solid Waste Disposal Act; or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act.

    ``(l) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to--
            ``(1) affect any defenses or liabilities of any person to 
        whom subsection (a)(1) does not apply; or
            ``(2) create any presumption of liability against any person 
        to whom subsection (a)(1) does not apply.''.

[[Page 113 STAT. 1501A-603]]

            (2) Technical amendment.--The table of contents for title I 
        of such Act is amended by adding at the end the following item:

    ``Sec. 127. Recycling transactions.''.