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pdfPUBLIC LAW 106–113—NOV. 29, 1999
113 STAT. 1501
Public Law 106–113
106th Congress
An Act
Making consolidated appropriations for the fiscal year ending September 30, 2000,
and for other purposes.
Nov. 29, 1999
[H.R. 3194]
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 I—FISCAL YEAR 2000 APPROPRIATIONS
FEDERAL FUNDS
FEDERAL PAYMENT
FOR
District of
Columbia
Appropriations
Act, 1999.
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
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113 STAT. 1502
PUBLIC LAW 106–113—NOV. 29, 1999
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
TRUSTEE OPERATIONS
CORRECTIONS
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
Reports.
VerDate 04-JAN-2000
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 notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly
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PUBLIC LAW 106–113—NOV. 29, 1999
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 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.
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113 STAT. 1504
PUBLIC LAW 106–113—NOV. 29, 1999
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
Reports.
Deadline.
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: 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.
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PUBLIC LAW 106–113—NOV. 29, 1999
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
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113 STAT. 1506
Reports.
Reports.
PUBLIC LAW 106–113—NOV. 29, 1999
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, 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 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
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PUBLIC LAW 106–113—NOV. 29, 1999
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
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113 STAT. 1508
PUBLIC LAW 106–113—NOV. 29, 1999
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
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PUBLIC LAW 106–113—NOV. 29, 1999
Responsibility
$150,000,000.
and
Management
Assistance
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY
MANAGEMENT ASSISTANCE AUTHORITY
113 STAT. 1509
Authority,
AND
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.
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113 STAT. 1510
PUBLIC LAW 106–113—NOV. 29, 1999
PRODUCTIVITY BANK
Reports.
Deadline.
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 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
Reports.
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, 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
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PUBLIC LAW 106–113—NOV. 29, 1999
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 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
Budget.
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 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 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
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Records.
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113 STAT. 1512
PUBLIC LAW 106–113—NOV. 29, 1999
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
Contracts.
VerDate 04-JAN-2000
SEC. 101. 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.
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PUBLIC LAW 106–113—NOV. 29, 1999
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
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113 STAT. 1514
Lobbying.
Reports.
Notification.
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PUBLIC LAW 106–113—NOV. 29, 1999
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. 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. 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 (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.
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PUBLIC LAW 106–113—NOV. 29, 1999
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. 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
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113 STAT. 1516
Records.
Deadline.
Reports.
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PUBLIC LAW 106–113—NOV. 29, 1999
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) 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. (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-todate 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-todate, the total amount of the contract and total payments
made for the contract and any modifications, extensions,
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PUBLIC LAW 106–113—NOV. 29, 1999
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) 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. 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. 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
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Abortion.
Domestic
partners.
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Deadline.
Reports.
Reports.
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PUBLIC LAW 106–113—NOV. 29, 1999
benefits to such couples on the same basis that such benefits are
extended to legally married couples.
SEC. 132. 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-todate 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. (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.
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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. (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-thanpersonal 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
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Deadline.
Deadline.
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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. 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) 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
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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 courtappointed 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.
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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. 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
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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 yearend 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, is amended to read as follows:
‘‘( j) RESERVE.—
‘‘(1) 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—
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Notification.
Deadline.
Budget.
Needle exchange.
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‘‘(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) 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. (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. (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
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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
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Certification.
Deadline.
Reports.
Deadline.
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of the District of Columbia (including any independent agency of
the District) unless the following conditions are met:
(1) 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) 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. 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–
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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—
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(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
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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
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113 STAT. 1530
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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. (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.
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PUBLIC LAW 106–113—NOV. 29, 1999
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) 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.
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113 STAT. 1532
Deadline.
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PUBLIC LAW 106–113—NOV. 29, 1999
(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. 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) 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.
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PUBLIC LAW 106–113—NOV. 29, 1999
113 STAT. 1533
SEC. 174. 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) 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) 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) 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;
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Ante, p. 1062.
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113 STAT. 1534
Ante, p. 1077.
PUBLIC LAW 106–113—NOV. 29, 1999
‘‘—$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 (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
Effective date.
VerDate 04-JAN-2000
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) 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:
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PUBLIC LAW 106–113—NOV. 29, 1999
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 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’’.
Ante, p. 1078.
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. 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;
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113 STAT. 1536
Post,
p. 1501A–476.
Certification.
Incorporation by
reference;
publication.
VerDate 04-JAN-2000
PUBLIC LAW 106–113—NOV. 29, 1999
(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) 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) 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) 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.
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PUBLIC LAW 106–113—NOV. 29, 1999
113 STAT. 1537
(c) 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.
Effective date.
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).
Æ
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PUBLIC LAW 106–113—APPENDIX
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
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PUBLIC LAW 106–113—APPENDIX A
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 fulltime 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 nonreimbursable 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
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113 STAT. 1501A–4
PUBLIC LAW 106–113—APPENDIX A
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.
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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 fulltime equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 9,120 positions and 9,398 fulltime 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 policetype 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
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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.
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PUBLIC LAW 106–113—APPENDIX A
FEDERAL BUREAU
113 STAT. 1501A–9
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 federallyowned buildings; and preliminary planning and design of projects,
$1,287,000, to remain available until expended.
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PUBLIC LAW 106–113—APPENDIX A
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 federallyowned 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
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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 24hour 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 nonreimbursable basis, or any other type of formal or informal transfer
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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;
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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113 STAT. 1501A–18
PUBLIC LAW 106–113—APPENDIX A
$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.
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PUBLIC LAW 106–113—APPENDIX A
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.
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113 STAT. 1501A–20
PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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.
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113 STAT. 1501A–22
PUBLIC LAW 106–113—APPENDIX A
‘‘(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.’’.
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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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.
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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.
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PUBLIC LAW 106–113—APPENDIX A
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’’.
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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
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PUBLIC LAW 106–113—APPENDIX A
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.
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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
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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
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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–
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PUBLIC LAW 106–113—APPENDIX A
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,
SERVICES
AND
OTHER JUDICIAL
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
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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.
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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.
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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 ..........................................................................................................
Middle ..............................................................................................................
Southern ..........................................................................................................
4
15
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
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PUBLIC LAW 106–113—APPENDIX A
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
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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
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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.
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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
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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.
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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 Nonprofit 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.
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
AGENCY
OF
STATE
AND
RELATED
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
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113 STAT. 1501A–46
PUBLIC LAW 106–113—APPENDIX A
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.
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PUBLIC LAW 106–113—APPENDIX A
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
113 STAT. 1501A–47
AMERICA’S HERITAGE
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.
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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113 STAT. 1501A–50
PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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.
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PUBLIC LAW 106–113—APPENDIX A
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
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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
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PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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113 STAT. 1501A–56
PUBLIC LAW 106–113—APPENDIX A
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
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PUBLIC LAW 106–113—APPENDIX A
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
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113 STAT. 1501A–58
PUBLIC LAW 106–113—APPENDIX A
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,
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PUBLIC LAW 106–113—APPENDIX A
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—
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PUBLIC LAW 106–113—APPENDIX A
(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.
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PUBLIC LAW 106–113—APPENDIX A
IMMIGRATION
AND
113 STAT. 1501A–61
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’’.
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PUBLIC LAW 106–113—APPENDIX B
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.
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113 STAT. 1501A–64
PUBLIC LAW 106–113—APPENDIX B
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 ExportImport 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
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PUBLIC LAW 106–113—APPENDIX B
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.
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113 STAT. 1501A–66
PUBLIC LAW 106–113—APPENDIX B
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 InterAmerican 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
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PUBLIC LAW 106–113—APPENDIX B
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
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113 STAT. 1501A–68
PUBLIC LAW 106–113—APPENDIX B
$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
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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
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PUBLIC LAW 106–113—APPENDIX B
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.
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PUBLIC LAW 106–113—APPENDIX B
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
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113 STAT. 1501A–72
PUBLIC LAW 106–113—APPENDIX B
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;
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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
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PUBLIC LAW 106–113—APPENDIX B
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
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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,
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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
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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
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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
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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
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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 paidin 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.
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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.
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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 Statesowned 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
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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
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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
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PUBLIC LAW 106–113—APPENDIX B
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
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113 STAT. 1501A–86
PUBLIC LAW 106–113—APPENDIX B
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.
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PUBLIC LAW 106–113—APPENDIX B
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.
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113 STAT. 1501A–88
PUBLIC LAW 106–113—APPENDIX B
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
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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
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113 STAT. 1501A–90
PUBLIC LAW 106–113—APPENDIX B
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
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PUBLIC LAW 106–113—APPENDIX B
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
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PUBLIC LAW 106–113—APPENDIX B
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
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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
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(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—
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(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
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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
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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.
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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
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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
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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
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(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.
CELLATION.—
(a) LOANS ELIGIBLE
FOR
SALE, REDUCTION,
OR
CAN-
(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
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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-fornature 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:
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(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 stateowned 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;
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(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
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—
THE
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(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.
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PUBLIC LAW 106–113—APPENDIX B
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;
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(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.
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PUBLIC LAW 106–113—APPENDIX B
(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—
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(1) COUNTRY.—The term ‘‘country’’ means BosniaHerzegovina, 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
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PUBLIC LAW 106–113—APPENDIX B
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
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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
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PUBLIC LAW 106–113—APPENDIX B
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
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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 authority 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
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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
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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
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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
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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 InterAmerican 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
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PUBLIC LAW 106–113—APPENDIX B
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
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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);
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(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
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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).
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PUBLIC LAW 106–113—APPENDIX B
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
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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.
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‘‘(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 ExportImport 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
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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 NONGOVERNORGANIZATIONS.—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.
MENTAL
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PUBLIC LAW 106–113—APPENDIX B
‘‘(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
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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
TIONS.—The sanctions listed in subsection (b) shall
BRANCH SANCremain 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.—
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113 STAT. 1501A–128
PUBLIC LAW 106–113—APPENDIX B
(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
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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:
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113 STAT. 1501A–130
PUBLIC LAW 106–113—APPENDIX B
(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
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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
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113 STAT. 1501A–132
PUBLIC LAW 106–113—APPENDIX B
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
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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’’.
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PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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.
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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.
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315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones 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
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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
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PUBLIC LAW 106–113—APPENDIX C
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.
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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
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PUBLIC LAW 106–113—APPENDIX C
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
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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
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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.
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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
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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
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PUBLIC LAW 106–113—APPENDIX C
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 nonFederal 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
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PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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
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113 STAT. 1501A–150
PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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 Bureaufunded 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 nonFederal 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,
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PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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
$40,196,000.
expenses
OFFICE
of
the
OF INSPECTOR
Office
of
the
Solicitor,
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
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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, rightof-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
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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
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113 STAT. 1501A–156
PUBLIC LAW 106–113—APPENDIX C
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.
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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
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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;
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‘‘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
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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
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(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.
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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
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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 semiautonomous 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
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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;
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(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.
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PUBLIC LAW 106–113—APPENDIX C
(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:
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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.
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113 STAT. 1501A–168
PUBLIC LAW 106–113—APPENDIX C
‘‘(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;
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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.
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PUBLIC LAW 106–113—APPENDIX C
(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
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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’’.
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PUBLIC LAW 106–113—APPENDIX C
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
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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,
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PUBLIC LAW 106–113—APPENDIX C
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.
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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.
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113 STAT. 1501A–176
PUBLIC LAW 106–113—APPENDIX C
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.
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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.
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113 STAT. 1501A–178
PUBLIC LAW 106–113—APPENDIX C
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 WorkOther, 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
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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.
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PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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 SelfDetermination 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
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PUBLIC LAW 106–113—APPENDIX C
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
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113 STAT. 1501A–184
PUBLIC LAW 106–113—APPENDIX C
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
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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
ARTS DEVELOPMENT
AND
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.
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113 STAT. 1501A–186
PUBLIC LAW 106–113—APPENDIX C
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,
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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
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
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.
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113 STAT. 1501A–188
PUBLIC LAW 106–113—APPENDIX C
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
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PUBLIC LAW 106–113—APPENDIX C
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
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113 STAT. 1501A–190
PUBLIC LAW 106–113—APPENDIX C
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,
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PUBLIC LAW 106–113—APPENDIX C
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.
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PUBLIC LAW 106–113—APPENDIX C
(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 thirdparty 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.
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PUBLIC LAW 106–113—APPENDIX C
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.
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PUBLIC LAW 106–113—APPENDIX C
(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
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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.
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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.
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(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
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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
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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
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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
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(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’’;
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(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
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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 ForestDependent Rural Communities Economic Diversification Act of 1990
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(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
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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., W1⁄2W1⁄2 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 S1⁄2 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 S1⁄2 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
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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
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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/
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PUBLIC LAW 106–113—APPENDIX C
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
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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,
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PUBLIC LAW 106–113—APPENDIX C
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).
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PUBLIC LAW 106–113—APPENDIX C
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.
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PUBLIC LAW 106–113—APPENDIX C
(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
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PUBLIC LAW 106–113—APPENDIX C
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.
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113 STAT. 1501A–214
PUBLIC LAW 106–113—APPENDIX C
(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
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PUBLIC LAW 106–113—APPENDIX C
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’’.
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PUBLIC LAW 106–113—APPENDIX D
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-toWork 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
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113 STAT. 1501A–218
PUBLIC LAW 106–113—APPENDIX D
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
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PUBLIC LAW 106–113—APPENDIX D
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 welfareto-work grants, together with not to exceed $45,056,000, which
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113 STAT. 1501A–220
PUBLIC LAW 106–113—APPENDIX D
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
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PUBLIC LAW 106–113—APPENDIX D
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
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113 STAT. 1501A–222
PUBLIC LAW 106–113—APPENDIX D
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;
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PUBLIC LAW 106–113—APPENDIX D
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 firstaid 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.
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113 STAT. 1501A–224
PUBLIC LAW 106–113—APPENDIX D
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.
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PUBLIC LAW 106–113—APPENDIX D
(TRANSFER
113 STAT. 1501A–225
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
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113 STAT. 1501A–226
PUBLIC LAW 106–113—APPENDIX D
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
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PUBLIC LAW 106–113—APPENDIX D
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.
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113 STAT. 1501A–228
PUBLIC LAW 106–113—APPENDIX D
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.
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PUBLIC LAW 106–113—APPENDIX D
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.
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113 STAT. 1501A–230
PUBLIC LAW 106–113—APPENDIX D
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.
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PUBLIC LAW 106–113—APPENDIX D
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
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113 STAT. 1501A–232
PUBLIC LAW 106–113—APPENDIX D
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.
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PUBLIC LAW 106–113—APPENDIX D
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.
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PUBLIC LAW 106–113—APPENDIX D
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
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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.
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PUBLIC LAW 106–113—APPENDIX D
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.
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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
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113 STAT. 1501A–238
PUBLIC LAW 106–113—APPENDIX D
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.
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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
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PUBLIC LAW 106–113—APPENDIX D
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
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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
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PUBLIC LAW 106–113—APPENDIX D
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
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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 highspeed, 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 stateof-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
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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,
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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 afterschool 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
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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
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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 HatboroHorsham 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
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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
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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
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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
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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
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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
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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 technologyenhanced 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 Internetbased 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
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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
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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 businessschool 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
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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 MissouriSt. 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,
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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
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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
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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
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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.
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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
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113 STAT. 1501A–262
PUBLIC LAW 106–113—APPENDIX D
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 ContraCosta 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—
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PUBLIC LAW 106–113—APPENDIX D
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
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113 STAT. 1501A–264
PUBLIC LAW 106–113—APPENDIX D
(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
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PUBLIC LAW 106–113—APPENDIX D
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
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113 STAT. 1501A–266
PUBLIC LAW 106–113—APPENDIX D
‘‘(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.
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PUBLIC LAW 106–113—APPENDIX D
CORPORATION
FOR
NATIONAL
AND
113 STAT. 1501A–267
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
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PUBLIC LAW 106–113—APPENDIX D
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
OFFICE
OF
OF
MUSEUM
AND
LIBRARY SERVICES
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.
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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
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113 STAT. 1501A–270
PUBLIC LAW 106–113—APPENDIX D
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.
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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
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PUBLIC LAW 106–113—APPENDIX D
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
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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 OldAge 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 executivelegislative 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
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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 lifeendangering 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).
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(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
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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
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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.
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PUBLIC LAW 106–113—APPENDIX D
(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
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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
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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:
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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
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113 STAT. 1501A–282
PUBLIC LAW 106–113—APPENDIX D
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
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PUBLIC LAW 106–113—APPENDIX D
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—
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113 STAT. 1501A–284
PUBLIC LAW 106–113—APPENDIX D
(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
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PUBLIC LAW 106–113—APPENDIX D
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-TOWORK 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.’’.
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113 STAT. 1501A–286
PUBLIC LAW 106–113—APPENDIX D
SEC. 806. REDUCTION OF SET-ASIDE OF PORTION OF WELFARE-TOWORK 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
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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’’.
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PUBLIC LAW 106–113—APPENDIX E
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.
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113 STAT. 1501A–290
PUBLIC LAW 106–113—APPENDIX E
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
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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
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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 4week 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
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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
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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
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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
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(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.
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(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
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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, DefenseWide’’: 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
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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’’
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PUBLIC LAW 106–113—APPENDIX E
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 facility .........................
160,000’’:
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:
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PUBLIC LAW 106–113—APPENDIX E
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.’’.
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PUBLIC LAW 106–113—APPENDIX E
(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
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PUBLIC LAW 106–113—APPENDIX E
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.
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PUBLIC LAW 106–113—APPENDIX E
(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
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PUBLIC LAW 106–113—APPENDIX E
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.
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PUBLIC LAW 106–113—APPENDIX E
‘‘(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.
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PUBLIC LAW 106–113—APPENDIX E
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.
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PUBLIC LAW 106–113—APPENDIX E
‘‘(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).’’.
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PUBLIC LAW 106–113—APPENDIX E
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.
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‘‘(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’’;
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PUBLIC LAW 106–113—APPENDIX E
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
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(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.
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(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;
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‘‘(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
pre¨
sented in the Report
of
G–7
Finance
Ministers
on
the
Ko
ln
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
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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
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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
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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
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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.
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PUBLIC LAW 106–113—APPENDIX E
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.
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PUBLIC LAW 106–113—APPENDIX F
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.
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113 STAT. 1501A–322
PUBLIC LAW 106–113—APPENDIX F
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
221.
222.
223.
224.
225.
226.
227.
228.
Revision of provisions relating to therapy services.
Update in renal dialysis composite rate.
Implementation of the inherent reasonableness (IR) authority.
Increase in reimbursement for pap smears.
Refinement of ambulance services demonstration project.
Phase-in of PPS for ambulatory surgical centers.
Extension of medicare benefits for immunosuppressive drugs.
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.
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PUBLIC LAW 106–113—APPENDIX F
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.
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113 STAT. 1501A–324
PUBLIC LAW 106–113—APPENDIX F
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)
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PUBLIC LAW 106–113—APPENDIX F
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
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113 STAT. 1501A–326
PUBLIC LAW 106–113—APPENDIX F
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 laborrelated 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.
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PUBLIC LAW 106–113—APPENDIX F
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
SPECIALIZED PATIENT POPULATIONS.
SERVING
(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
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113 STAT. 1501A–328
PUBLIC LAW 106–113—APPENDIX F
‘‘(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
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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);
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PUBLIC LAW 106–113—APPENDIX F
(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.
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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 longterm 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).
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PUBLIC LAW 106–113—APPENDIX F
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
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PUBLIC LAW 106–113—APPENDIX F
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.
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113 STAT. 1501A–334
PUBLIC LAW 106–113—APPENDIX F
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, HamiltonMiddletown, 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,
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PUBLIC LAW 106–113—APPENDIX F
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 AllentownBethlehem-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
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PUBLIC LAW 106–113—APPENDIX F
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.
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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 passthrough 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
drug or
BIOLOGICALS
AND
BRACHYTHERAPY.—A
biological that is used in cancer therapy, including
(but not limited to) a chemotherapeutic agent, an
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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.—
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‘‘(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—
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(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.
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(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 PASSTHROUGH 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
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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.
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‘‘(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-tocost 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 costsharing 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.
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‘‘(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.
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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.
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‘‘(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.
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‘‘(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—
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PUBLIC LAW 106–113—APPENDIX F
(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—
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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.
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PUBLIC LAW 106–113—APPENDIX F
(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 nonphysician 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
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PUBLIC LAW 106–113—APPENDIX F
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 speechlanguage 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.’’.
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113 STAT. 1501A–352
PUBLIC LAW 106–113—APPENDIX F
(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
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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
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(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
SUPPRESSIVE DRUGS.
BENEFITS
FOR
IMMUNO-
(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.—
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‘‘(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
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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 costeffective 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
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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
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PUBLIC LAW 106–113—APPENDIX F
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
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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
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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
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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
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PUBLIC LAW 106–113—APPENDIX F
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.
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‘‘(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 nonprimary care per resident amount computed under
paragraph (2) for cost reporting periods ending during
fiscal year 1997.
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‘‘(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
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(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
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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))’’.
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(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’’.
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PUBLIC LAW 106–113—APPENDIX F
(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.
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PUBLIC LAW 106–113—APPENDIX F
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)
1395ww(d)(8)(B)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(B)’’;
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PUBLIC LAW 106–113—APPENDIX F
(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
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‘‘(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)’’.
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PUBLIC LAW 106–113—APPENDIX F
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
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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
total number of individuals
HOSPITAL.—The
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.
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(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;
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(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.
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‘‘(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;
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(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’’;
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PUBLIC LAW 106–113—APPENDIX F
(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 costsharing 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
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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.
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PUBLIC LAW 106–113—APPENDIX F
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
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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.
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(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
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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:
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‘‘(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
MEDICARE+CHOICE PLANS.
BENEFITS
UNDER
(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 COMMURATES.—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.
NITY
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:
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‘‘(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
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(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
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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
MEDICARE+CHOICE PROGRAM.
REFERRALS
FOR
(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:
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(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.
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(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-FORSERVICE 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
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implications of expanding the project (in conjunction with
the potential inclusion of the original medicare fee-forservice 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
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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
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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;
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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 651⁄2.
(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
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PUBLIC LAW 106–113—APPENDIX F
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’’.
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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.—
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PUBLIC LAW 106–113—APPENDIX F
(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’’;
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(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,’’.
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PUBLIC LAW 106–113—APPENDIX F
(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.
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PUBLIC LAW 106–113—APPENDIX F
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.
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‘‘(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
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PUBLIC LAW 106–113—APPENDIX F
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.—
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113 STAT. 1501A–402
PUBLIC LAW 106–113—APPENDIX F
‘‘(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’’.
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PUBLIC LAW 106–113—APPENDIX F
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.
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PUBLIC LAW 106–113—APPENDIX G
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
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
106.
107.
108.
Subtitle A—Department of State
Administration of foreign affairs.
International commissions.
Migration and refugee assistance.
United States informational, educational, and cultural programs.
Grants to the Asia Foundation.
Contributions to international organizations.
Contributions for international peacekeeping activities.
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.
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113 STAT. 1501A–406
PUBLIC LAW 106–113—APPENDIX G
Sec.
Sec.
Sec.
Sec.
232. Fees relating to affidavits of support.
233. Passport fees.
234. Deaths and estates of United States citizens abroad.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
251.
252.
253.
254.
255.
Subtitle C—Refugees
United States policy regarding the involuntary return of refugees.
Human rights reports.
Guidelines for refugee processing posts.
Gender-related persecution task force.
Eligibility for refugee status.
TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF
STATE
Sec.
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
305.
Subtitle A—Organization Matters
Legislative liaison offices of the Department of State.
State Department official for Northeastern Europe.
Science and Technology Adviser to the Secretary of State.
Application of certain laws to public diplomacy funds.
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
Sec. 401.
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Subtitle A—Authorities and Activities
Educational and cultural exchanges and scholarships for Tibetans and
Burmese.
Conduct of certain educational and cultural exchange programs.
National security measures.
Sunset of United States Advisory Commission on Public Diplomacy.
Royal Ulster Constabulary training.
Sec.
Sec.
Sec.
Sec.
402.
403.
404.
405.
Sec.
Sec.
Sec.
Sec.
Subtitle B—Russian and Ukrainian Business Management Education
421. Purpose.
422. Definitions.
423. Authorization for training program and internships.
424. Applications for technical assistance.
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PUBLIC LAW 106–113—APPENDIX G
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
Sec. 601.
Sec. 602.
Sec. 603.
Sec. 604.
Sec. 605.
Sec. 606.
Sec. 607.
Sec. 608.
Sec. 609.
VI—EMBASSY SECURITY AND COUNTERTERRORISM MEASURES
Short title.
Findings.
United States diplomatic facility defined.
Authorizations of appropriations.
Obligations and expenditures.
Security requirements for United States diplomatic facilities.
Report on overseas presence.
Accountability review boards.
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.
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113 STAT. 1501A–408
PUBLIC LAW 106–113—APPENDIX G
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
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.
OF
CHAPTER 2—UNITED STATES SOVEREIGNTY
Sec. 921. Certification requirements.
CHAPTER 3—REFORM
ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
OPERATIONS
Sec. 931. Certification requirements.
OF
CHAPTER 4—BUDGET
Sec. 941. Certification requirements.
AND
PERSONNEL REFORM
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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CHAPTER 2—MATTERS RELATING TO THE CONTROL
1121. Short title.
1122. Definitions.
1123. Findings.
1124. Trial investigations and trial visits.
OF
BIOLOGICAL WEAPONS
Subtitle B—Nuclear Nonproliferation, Safety, and Related Matters
1131. Congressional notification of nonproliferation activities.
1132. Effective use of resources for nonproliferation programs.
1133. Disposition of weapons-grade material.
1134. Provision of certain information to Congress.
1135. Amended nuclear export reporting requirement.
1136. Adherence to the Missile Technology Control Regime.
1137. Authority relating to MTCR adherents.
1138. Transfer of funding for science and technology centers in the former Soviet Union.
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PUBLIC LAW 106–113—APPENDIX G
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.
Sec.
Sec.
Sec.
Sec.
Sec.
1221.
1222.
1223.
1224.
1225.
Subtitle B—Foreign Military Sales Authorities
Termination of foreign military training.
Sales of excess Coast Guard property.
Competitive pricing for sales of defense articles.
Notification of upgrades to direct commercial sales.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1241.
1242.
1243.
1244.
1245.
1246.
1247.
1248.
Subtitle D—Defense Offsets Disclosure
Short title.
Findings and declaration of policy.
Definitions.
Sense of Congress.
Reporting of offset agreements.
Expanded prohibition on incentive payments.
Establishment of review commission.
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
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113 STAT. 1501A–410
PUBLIC LAW 106–113—APPENDIX G
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.
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PUBLIC LAW 106–113—APPENDIX G
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.
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(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
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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
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(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 ‘‘ReaganFascell 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
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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
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PUBLIC LAW 106–113—APPENDIX G
(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 TREATYBASED 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
ORGANIZATIONS.
TO
INTERNATIONAL
(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.
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(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
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PUBLIC LAW 106–113—APPENDIX G
(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
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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.
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SEC.
202.
PUBLIC LAW 106–113—APPENDIX G
STRENGTHENING IMPLEMENTATION OF THE
CONVENTION ON THE CIVIL ASPECTS OF
NATIONAL CHILD ABDUCTION.
HAGUE
INTER-
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
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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.
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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 InterAmerican 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.
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113 STAT. 1501A–423
SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.
(a) REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST
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).
THE
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PUBLIC LAW 106–113—APPENDIX G
(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 JapanUnited 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
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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
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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.
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‘‘(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 Governmentowned 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.
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‘‘(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 Governmentowned 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.—
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‘‘(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
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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
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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
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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
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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
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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
EUROPE.
OFFICIAL
FOR
NORTHEASTERN
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
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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.
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(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
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(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).’’.
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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.
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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—
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‘‘(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:
‘‘§ 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
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‘‘(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.
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‘‘(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:
‘‘§ 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
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‘‘(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:
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‘‘(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.’’.
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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
GRAMS.—Section 103(a) of
NGAWANG CHOEPHEL EXCHANGE PROthe 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
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‘‘(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.’’.
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(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—
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(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
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(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—
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(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
NATIONAL BROADCASTING
TIES
INTERACTIVI-
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
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(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
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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
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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
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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
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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.
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(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, inservice, 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
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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 wellbeing 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
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(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
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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 StatesEuropean 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
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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
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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
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.’’.
OF
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(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:
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‘‘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
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‘‘(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
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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.
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‘‘(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
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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:
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‘‘(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,’’.
l
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
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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.’’.
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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.
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(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).’’.
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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.
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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.’’.
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PUBLIC LAW 106–113—APPENDIX G
(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.
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(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.—
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(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
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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.—
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(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.—
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(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
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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
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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.
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(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
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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
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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;
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(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.
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PUBLIC LAW 106–113—APPENDIX G
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.—
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(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)—
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(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.
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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.
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PUBLIC LAW 106–113—APPENDIX G
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’’.
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(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
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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
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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,
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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
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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 Statesorigin 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 Statesorigin 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—
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‘‘(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
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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
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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’.’’.
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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).
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(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.
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(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, incountry 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;
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(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
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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
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(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.
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(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’’.
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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.
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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).
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(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;
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(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
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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
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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
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PUBLIC LAW 106–113—APPENDIX G
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, museumrelated 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 MILIEXPORTS.—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.’’.
TARY
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:
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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).
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113 STAT. 1501A–514
PUBLIC LAW 106–113—APPENDIX G
(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;
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PUBLIC LAW 106–113—APPENDIX G
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
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113 STAT. 1501A–516
PUBLIC LAW 106–113—APPENDIX G
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’’.
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PUBLIC LAW 106–113—APPENDIX H
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.
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PUBLIC LAW 106–113—APPENDIX H
(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
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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
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PUBLIC LAW 106–113—APPENDIX H
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.’’.
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PUBLIC LAW 106–113—APPENDIX I
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3001.
3002.
3003.
3004.
3005.
3006.
3007.
3008.
3009.
3010.
TITLE III—TRADEMARK CYBERPIRACY PREVENTION
Short title; references.
Cyberpiracy prevention.
Damages and remedies.
Limitation on liability.
Definitions.
Study on abusive domain name registrations involving personal names.
Historic preservation.
Savings clause.
Technical and conforming amendments.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
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4201.
4202.
4203.
4204.
4205.
Subtitle B—Patent and Trademark Fee Fairness
Short title.
Adjustment of patent fees.
Adjustment of trademark fees.
Study on alternative fee structures.
Patent and Trademark Office funding.
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113 STAT. 1501A–522
PUBLIC LAW 106–113—APPENDIX I
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
Short title.
Patent term guarantee authority.
Continued examination of patent applications.
Technical clarification.
Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.
4401.
4402.
4403.
4404.
4405.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle E—Domestic Publication of Patent Applications Published Abroad
4501. Short title.
4502. Publication.
4503. Time for claiming benefit of earlier filing date.
4504. Provisional rights.
4505. Prior art effect of published applications.
4506. Cost recovery for publication.
4507. Conforming amendments.
4508. Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4601.
4602.
4603.
4604.
4605.
4606.
4607.
4608.
Subtitle F—Optional Inter Partes Reexamination Procedure
Short title.
Ex parte reexamination of patents.
Definitions.
Optional inter partes reexamination procedures.
Conforming amendments.
Report to Congress.
Estoppel effect of reexamination.
Effective date.
Subtitle G—Patent and Trademark Office
Sec. 4701. Short title.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4711.
4712.
4713.
4714.
4715.
4716.
4717.
4718.
4719.
4720.
CHAPTER 1—UNITED STATES PATENT AND TRADEMARK OFFICE
Establishment of Patent and Trademark Office.
Powers and duties.
Organization and management.
Public advisory committees.
Conforming amendments.
Trademark Trial and Appeal Board.
Board of Patent Appeals and Interferences.
Annual report of Director.
Suspension or exclusion from practice.
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
References.
Exercise of authorities.
Savings provisions.
Transfer of assets.
Delegation and assignment.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4741.
4742.
4743.
4744.
4745.
4746.
Subtitle H—Miscellaneous Patent Provisions
Sec. 4801. Provisional applications.
Sec. 4802. International applications.
Sec. 4803. Certain limitations on damages for patent infringement not applicable.
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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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
5001.
5002.
5003.
5004.
5005.
5006.
5007.
5008.
TITLE V—MISCELLANEOUS PROVISIONS
Commission on online child protection.
Privacy protection for donors to public broadcasting entities.
Completion of biennial regulatory review.
Public broadcasting entities.
Technical amendments relating to vessel hull design protection.
Informal rulemaking of copyright determination.
Service of process for surety corporations.
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:
‘‘§ 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
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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
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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
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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).’’.
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(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-theair signal of a primary network station affiliated with
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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 ‘Cband 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
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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).
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‘‘(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:
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‘‘(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.—
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PUBLIC LAW 106–113—APPENDIX I
‘‘(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
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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.
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113 STAT. 1501A–534
PUBLIC LAW 106–113—APPENDIX I
‘‘(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.
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‘‘(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-topoint 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
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PUBLIC LAW 106–113—APPENDIX I
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
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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
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PUBLIC LAW 106–113—APPENDIX I
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-theair 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
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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.
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‘‘(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
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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
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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.
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‘‘(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’’;
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(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
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(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
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‘‘(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
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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.
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‘‘(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)’’.
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(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
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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
INVOLVING PERSONAL NAMES.
NAME
REGISTRATIONS
(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
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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
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(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:
‘‘§ 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
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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
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‘‘(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.
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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:
‘‘§ 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—
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‘‘(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.
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‘‘(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
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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,
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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.
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‘‘(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
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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:
‘‘§ 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
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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.—
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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
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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).
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‘‘(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
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(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:
‘‘§ 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
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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.
‘‘312.
‘‘313.
‘‘314.
‘‘315.
‘‘316.
‘‘317.
‘‘318.
Request for inter partes reexamination.
Determination of issue by Director.
Inter partes reexamination order by Director.
Conduct of inter partes reexamination proceedings.
Appeal.
Certificate of patentability, unpatentability, and claim cancellation.
Inter partes reexamination prohibited.
Stay of litigation.
‘‘§ 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
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‘‘(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.
‘‘§ 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.
‘‘§ 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.
‘‘§ 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
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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.
‘‘§ 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 thirdparty requester and the Patent and Trademark Office at the time
of the inter partes reexamination proceedings.
‘‘§ 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.
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‘‘§ 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.
‘‘§ 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:
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‘‘§ 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.
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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:
‘‘§ 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:
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‘‘§ 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 performancebased 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
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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
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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:
‘‘§ 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.
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‘‘(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 localitybased 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
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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
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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:
‘‘§ 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
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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
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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:
‘‘§ 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
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PUBLIC LAW 106–113—APPENDIX I
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:
‘‘§ 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.—
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PUBLIC LAW 106–113—APPENDIX I
(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’’.
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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
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PUBLIC LAW 106–113—APPENDIX I
(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’’.
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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.
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PUBLIC LAW 106–113—APPENDIX I
(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
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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
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PUBLIC LAW 106–113—APPENDIX I
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.’’.
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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
INFRINGEMENT NOT APPLICABLE.
FOR
PATENT
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’’.
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(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.’’.
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SEC. 4807. PRIOR ART EXCLUSION
ASSIGNED PATENTS.
FOR
CERTAIN
113 STAT. 1501A–591
COMMONLY
(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’’.
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(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
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‘‘(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
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‘‘(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.
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(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 fullpower 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)
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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 lowpower 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
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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 LOWPOWER 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.
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‘‘(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.—Lowpower 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
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(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
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113 STAT. 1501A–600
PUBLIC LAW 106–113—APPENDIX I
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
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PUBLIC LAW 106–113—APPENDIX I
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 nickelcadmium 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;
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113 STAT. 1501A–602
PUBLIC LAW 106–113—APPENDIX I
‘‘(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.’’.
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PUBLIC LAW 106–113—APPENDIX I
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.’’.
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| File Type | application/pdf |
| File Title | MICROCOMP output file |
| File Modified | 2012-03-20 |
| File Created | 1909-12-22 |