[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[House]
[Pages H12229-H12609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H12229]]

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                        House of Representatives

    

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[[Page H12230]]

 CONFERENCE REPORT ON H.R. 3194, CONSOLIDATED APPROPRIATIONS ACT, 2000

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 3194) making consolidated appropriations 
for the fiscal year ending September 30, 2000, and for other purposes:

                  Conference Report (H. Rept. 106-479)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3194) ``making appropriations for the government of the 
     District of Columbia and other activities chargeable in whole 
     or in part against revenues of said District for the fiscal 
     year ending September 30, 2000, and for other purposes'', 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     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 ending September 
     30, 2000, and for other purposes, namely:

                               DIVISION A

                  DISTRICT OF COLUMBIA APPROPRIATIONS

                TITLE I--FISCAL YEAR 2000 APPROPRIATIONS

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

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

        Federal Payment for Incentives for Adoption of Children

       For a Federal payment to the District of Columbia to create 
     incentives to promote the adoption of children in the 
     District of Columbia foster care system, $5,000,000: 
     Provided, That such funds shall remain available until 
     September 30, 2001 and shall be used in accordance with a 
     program established by the Mayor and the Council of the 
     District of Columbia and approved by the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That funds provided under this 
     heading may be used to cover the costs to the District of 
     Columbia of providing tax credits to offset the costs 
     incurred by individuals in adopting children in the District 
     of Columbia foster care system and in providing for the 
     health care needs of such children, in accordance with 
     legislation enacted by the District of Columbia government.

         Federal Payment to the Citizen Complaint Review Board

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

          Federal Payment to the Department of Human Services

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

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

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

           Federal Payment to the District of Columbia Courts

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

 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

[[Page H12231]]

     associated with establishing community pediatric health 
     clinics for high risk children in medically underserved areas 
     of the District of Columbia.

           Federal Payment for Metropolitan Police Department

       For payment to the Metropolitan Police Department, 
     $1,000,000, for a program to eliminate open air drug 
     trafficking in the District of Columbia: 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.

                       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 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 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 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,

[[Page H12232]]

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

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

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

                    Repayment of Loans and Interest

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

                Repayment of General Fund Recovery Debt

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

              Payment of Interest on Short-Term Borrowing

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

                     Certificates of Participation

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

                 Optical and Dental Insurance Payments

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

                           Productivity Bank

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

                       Productivity Bank Savings

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

                   Procurement and Management Savings

       The Chief Financial Officer of the District of Columbia, 
     under the direction of the Mayor and the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     shall make reductions of $14,457,000 for general supply 
     schedule savings and $7,000,000 for management reform 
     savings, in local funds to one or more of the appropriation 
     headings in this Act: Provided, 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 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 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 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

[[Page H12233]]

     $5,000, except that in the case of the Chairman of the Board 
     and the Chairman of the Investment Committee of the Board, 
     such amount may not exceed $7,500 (beginning with 2000).''.

                      Correctional Industries Fund

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

              Washington Convention Center Enterprise Fund

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

                             Capital Outlay


                        (Including Rescissions)

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

                           General Provisions

       Sec. 101. 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. 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 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.
       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

[[Page H12234]]

     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 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-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget broken out on the basis 
     of control center, responsibility center, and object class, 
     and for all funds, non-appropriated funds, and capital 
     financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and for all funding 
     sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged, broken out on the 
     basis of control center and responsibility center, and 
     contract identifying codes used by the University of the 
     District of Columbia; payments made in the last quarter and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, 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 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-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget, broken out on the 
     basis of control center, responsibility center, agency 
     reporting code, and object class, and for all funds, 
     including capital financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and agency reporting 
     code, and for all funding sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged, broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by the 
     District of Columbia Public Schools; payments made in the 
     last quarter and year-to-date, the total amount of the 
     contract and total payments made for the contract and any 
     modifications, extensions, renewals; and specific 
     modifications made to each contract in the last month;
       (4) all reprogramming requests and reports that are 
     required to be, and have been, submitted to the Board of 
     Education; and
       (5) changes made in the last quarter to the organizational 
     structure of the District of Columbia Public Schools, 
     displaying previous and current control centers and 
     responsibility centers, the names of the organizational 
     entities that have been changed, the name of the staff member 
     supervising each entity affected, and the reasons for the 
     structural change.
       Sec. 133. (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.
       (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

[[Page H12235]]

     that realigns budgeted data for personal services and 
     other-than-personal services, respectively, with 
     anticipated actual expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the Superintendent of the District of Columbia Public Schools 
     and the University of the District of Columbia submit to the 
     Mayor of the District of Columbia for inclusion in the 
     Mayor's budget submission to the Council of the District of 
     Columbia pursuant to section 442 of the District of Columbia 
     Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
       Sec. 135. The District of Columbia Financial Responsibility 
     and Management Assistance Authority, acting on behalf of the 
     District of Columbia Public Schools (DCPS) in formulating the 
     DCPS budget, the Board of Trustees of the University of the 
     District of Columbia, the Board of Library Trustees, and the 
     Board of Governors of the University of the District of 
     Columbia School of Law shall vote on and approve the 
     respective annual or revised budgets for such entities before 
     submission to the Mayor of the District of Columbia for 
     inclusion in the Mayor's budget submission to the Council of 
     the District of Columbia in accordance with section 442 of 
     the District of Columbia Home Rule Act (Public Law 93-198; 
     D.C. Code, sec. 47-301), or before submitting their 
     respective budgets directly to the Council.
       Sec. 136. (a) Ceiling on Total Operating Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the total amount appropriated in this Act for operating 
     expenses for the District of Columbia for fiscal year 2000 
     under the heading ``Division of Expenses'' shall not exceed 
     the lesser of--
       (A) the sum of the total revenues of the District of 
     Columbia for such fiscal year; or
       (B) $5,515,379,000 (of which $152,753,000 shall be from 
     intra-District funds and $3,113,854,000 shall be from local 
     funds), which amount may be increased by the following:
       (i) proceeds of one-time transactions, which are expended 
     for emergency or unanticipated operating or capital needs 
     approved by the District of Columbia Financial Responsibility 
     and Management Assistance Authority; or
       (ii) after notification to the Council, additional 
     expenditures which the Chief Financial Officer of the 
     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 accounting of all non-appropriated funds 
     obligated or expended by the Authority for the quarter. The 
     report shall include information on the date, amount, 
     purpose, and vendor name, and a description of the services 
     or goods provided with respect to the expenditures of such 
     funds.
       Sec. 137. If a department or agency of the government of 
     the District of Columbia is under the administration of a 
     court-appointed receiver or other court-appointed official 
     during fiscal year 2000 or any succeeding fiscal year, the 
     receiver or official shall prepare and submit to the Mayor, 
     for inclusion in the annual budget of the District of 
     Columbia for the year, annual estimates of the expenditures 
     and appropriations necessary for the maintenance and 
     operation of the department or agency. All such estimates 
     shall be forwarded by the Mayor to the Council, for its 
     action pursuant to sections 446 and 603(c) of the District of 
     Columbia Home Rule Act, without revision but subject to the 
     Mayor's recommendations. Notwithstanding any provision of the 
     District of Columbia Home Rule Act (87 Stat. 774; Public Law 
     93-198) the Council may comment or make recommendations 
     concerning such annual estimates but shall have no authority 
     under such Act to revise such estimates.
       Sec. 138. (a) Notwithstanding any other provision of law, 
     rule, or regulation, an employee of the District of Columbia 
     public schools shall be--
       (1) classified as an Educational Service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and
       (3) subject to all Board of Education rules.
       (b) School-based personnel shall constitute a separate 
     competitive area from nonschool-based personnel who shall not 
     compete with school-based personnel for retention purposes.
       Sec. 139. (a) Restrictions on Use of Official Vehicles.--
     Except as otherwise provided in this section, none of the 
     funds made available by this Act or by any other Act may be 
     used to provide any officer or employee of the District of 
     Columbia with an official vehicle unless the officer or 
     employee uses the vehicle only in the performance of the 
     officer's or employee's official duties. For purposes of this 
     paragraph, the term ``official duties'' does not include 
     travel between the officer's or employee's residence and 
     workplace (except: (1) in the case of an officer or employee 
     of the Metropolitan Police Department who resides in the 
     District of Columbia or is otherwise designated by the Chief 
     of the Department; (2) at the discretion of the Fire Chief, 
     an officer or employee of the District of Columbia Fire and 
     Emergency Medical Services Department who resides in the 
     District of Columbia and is on call 24 hours a day; (3) the 
     Mayor of the District of Columbia; and (4) the Chairman of 
     the Council of the District of Columbia).
       (b) Inventory of Vehicles.--The Chief Financial Officer of 
     the District of Columbia shall submit, by November 15, 1999, 
     an inventory, as of September 30, 1999, of all vehicles 
     owned, leased or operated by the District of Columbia 
     government. The inventory shall include, but not be limited 
     to, the department to which the vehicle is assigned; the year 
     and make of the vehicle; the acquisition date and cost; the 
     general condition of the vehicle; annual operating and 
     maintenance costs; current mileage; and whether the vehicle 
     is allowed to be taken home by a District officer or employee 
     and if so, the officer or employee's title and resident 
     location.
       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.

[[Page H12236]]

       (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 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 143. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government (including the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority) for fiscal year 2000 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia pursuant to section 208(a)(4) of the 
     District of Columbia Procurement Practices Act of 1985 (D.C. 
     Code, sec. 1-1182.8(a)(4)); and
       (2) the audit includes a comparison of audited actual year-
     end results with the revenues submitted in the budget 
     document for such year and the appropriations enacted into 
     law for such year.
       Sec. 144. Nothing in this Act shall be construed to 
     authorize any office, agency or entity to expend funds for 
     programs or functions for which a reorganization plan is 
     required but has not been approved by the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority. Appropriations made by this Act for such programs 
     or functions are conditioned only on the approval by the 
     Authority of the required reorganization plans.
       Sec. 145. Notwithstanding any other provision of law, rule, 
     or regulation, the evaluation process and instruments for 
     evaluating District of Columbia Public School employees shall 
     be a non-negotiable item for collective bargaining purposes.
       Sec. 146. None of the funds contained in this Act may be 
     used by the District of Columbia Corporation Counsel or any 
     other officer or entity of the District government to provide 
     assistance for any petition drive or civil action which seeks 
     to require Congress to provide for voting representation in 
     Congress for the District of Columbia.
       Sec. 147. None of the funds contained in this Act may be 
     used to transfer or confine inmates classified above the 
     medium security level, as defined by the Federal Bureau of 
     Prisons classification instrument, to the Northeast Ohio 
     Correctional Center located in Youngstown, Ohio.
       Sec. 148. (a) Section 202(i) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995 (Public Law 104-8), as added by section 155 of the 
     District of Columbia Appropriations Act, 1999, 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--
       ``(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 
     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 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

[[Page H12237]]

     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. 31-2853.16(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--
       (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 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 requirements in authorizing the issuance of industrial 
     revenue bonds for a project of the American National Red 
     Cross at 2025 E Street

[[Page H12238]]

     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.
       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.
       (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.
       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-

[[Page H12239]]

     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;
       ``--$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 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:
       ``--$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''.

                        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;
       (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;
       (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 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.
       (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.
  Amend the title so as to read ``An Act making consolidated 
    appropriations for the fiscal year ending September 30, 2000, and 
    for other purposes.''.
  And the Senate agree to the same.
     Bill Young.
     Jerry Lewis.
                                Managers on the Part of the House.

     Ted Stevens.
     Pete Domenici.
     Kay Bailey Hutchison.
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate on the 
     disagreeing votes of the two Houses on the amendment of the 
     Senate to the bill (H.R. 3194) making appropriations for the 
     District of Columbia and other activities chargeable in whole 
     or in part against revenues of said District for the fiscal 
     year ending September 30, 2000, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effect of the action agreed upon 
     by the managers and recommended in the accompanying 
     conference report.
       The composition of this conference agreement includes more 
     than the District of Columbia Appropriations Act for fiscal 
     year 2000. While the House version of H.R. 3194 and the 
     Senate amendment in the nature of a substitute dealt only 
     with District of Columbia appropriations, the conference 
     report was expanded to include appropriations for other 
     departments and agencies as well as some authorizing 
     legislation. These appropriations are included in Division B.
       Since the conference agreement is expanded to include 
     matters beyond those relating to the District of Columbia 
     appropriations, the title of the bill is amended to reflect 
     this.

                               DIVISION A

                  District of Columbia Appropriations

       The Division A portion of this joint explanatory statement 
     includes more than a description of the resolution of the 
     differences between the House and Senate versions of H.R. 
     3194. It also provides a fuller description of the matter not 
     in disagreement between the two Houses. Since H.R. 2587 and 
     H.R.

[[Page H12240]]

     3064, previous District of Columbia Appropriations Acts for 
     fiscal year 2000, were vetoed, the conferees have expanded 
     this statement to provide an explanation of the additional 
     matter in these bills that was not changed in H.R. 3194 as 
     guidance in implementing this conference agreement.
       A description of the resolution of the differences between 
     the House and Senate on H.R. 3194 follows next.

                           GENERAL STATEMENT

                Blue Plains Waste Water Treatment Plant

       The conferees are concerned over recent reports about 
     serious safety problems relating to hazardous chemical 
     storage and handling at the Blue Plains Waste Water Treatment 
     Plant, especially in Chlorine Building I. In 1998 the 
     District of Columbia Water and Sewer Authority reported that 
     the chlorine facility's ``control systems are outdated and 
     marginally adequate.'' To reduce the risk to human health and 
     the environment, the Water and Sewer Authority is directed to 
     undertake immediately the design study of an alternate 
     disinfection facility that will discontinue use of liquid 
     chlorine and to report back to the Congress with its findings 
     by December 31, 2000. In addition, the Water and Sewer 
     Authority is directed to accelerate the construction schedule 
     of the alternate disinfection facility, with the goal of 
     completing the new facility by December 31, 2002, instead of 
     the end of 2005 as called for in the Water and Sewer 
     Authority's Water and Sewer Facilities Master Plan of 1998.

                          Infrastructure Fund

       The FY 1999 Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act (Public Law 105-277) provided $50,000,000 
     primarily for the repair and maintenance of roads, highways, 
     bridges and transit in the District. The conferees are 
     concerned that a tentative plan submitted to Congress, as 
     required by the FY 1999 conference agreement, includes 
     funding for certain projects that do not appear to fulfill 
     the basic intent of the appropriation, which is to improve 
     the deteriorated infrastructure of the District. The projects 
     in question would expend over $6,000,000 (or more than 10 
     percent of the appropriation) for millennium year activities 
     and program support functions. The conferees request that the 
     DC Financial Responsibility and Management Assistance 
     Authority submit a revised spending plan to Congress within 
     30 days of enactment of this Act that focuses on repair and 
     maintenance of roads, highways, bridges and transit in the 
     District. The conferees note that the FY 1999 Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act 
     also provided $25,000,000 in Federal funds for economic 
     development planning, project development, capital 
     investments, loans, grants, administrative expenses and other 
     purposes. With the District's infrastructure being in a state 
     of disrepair, the conferees believe the $50,000,000 in the 
     infrastructure fund should be used exclusively for 
     infrastructure repairs and maintenance, and the $25,000,000 
     for economic development should be used for economic 
     development purposes.

                             FEDERAL FUNDS

            Defender Services in District of Columbia Courts

       The conference action clarifies that interest earned on the 
     FY 1999 Federal payment to the District of Columbia courts is 
     required to be used to make payments under this heading for 
     fiscal years 1999 and 2000. The availability of this 
     additional amount is contingent on a certification by the 
     Comptroller General. The Courts have reported that they 
     anticipate a shortfall of ``approximately $1,000,000'' in 
     fiscal year 1999 for the Criminal Justice Act program.

         Federal Payment to the General Services Administration

       The conference action appropriates $6,700,000 for 
     environmental clean-up costs near three proposed public 
     schools that are to be constructed in southern Fairfax County 
     on land currently occupied by the Lorton Correctional Complex 
     which is scheduled to be closed.

                       DISTRICT OF COLUMBIA FUNDS

                       Productivity Bank Savings

       The conference agreement inserts the word ``aggregate'' in 
     the second sentence under this heading to clarify the cost 
     savings or additional revenues to be derived. This language 
     allows the District to finance projects from the Productivity 
     Bank even if each project does not generate cost savings or 
     additional revenues dollar-for-dollar as long as the total 
     amount of projects generate an ``aggregate'' amount of 
     savings for the Productivity Bank Savings equal to the total 
     amount spent from the Productivity Bank.

                           General Provisions

       The conference action continues the prohibition in section 
     150 on using Federal or local funds to support needle 
     exchange programs, but without the prohibition on privately-
     funded programs. The conference action also inserts a new 
     subsection (b) that requires those who carry out a needle 
     exchange program and who receive any funds in this Act to 
     account for all funds used for needle exchange programs 
     separately from any funds contained in this Act.
       Section 157 in both the House and Senate versions of H.R. 
     3194 (as well as the conference agreements on H.R. 2587 and 
     H.R. 3064) includes $18,000,000 for severance and payments 
     toward the Management Supervisory Service (MSS) program. MSS 
     will provide increases in pay for those employees who sever 
     themselves from career status and move into the MSS program. 
     This classification allows for the termination of managers 
     who do not achieve agreed upon performance outcomes. A 
     portion of the money may be used as bonus pay for 
     Compensation I and II employees, prior to implementing pay-
     for-performance plans, depending upon a plan agreed upon by 
     the Mayor, the DC Financial Responsibility and Management 
     Assistance Authority, the City Council and the Chief 
     Financial Officer.
       The conference action inserts a new section 175 that amends 
     the Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (Public Law 106-74), by making certain technical 
     corrections and adding language reflecting the intent of the 
     conferees on that Act. Language is included in the bill which 
     provides for the availability of funds for the National and 
     Community Service Programs Operating and Expenses account 
     until September 30, 2001. Public Law 106-74, which contains 
     the appropriation for this account, inadvertently provided 
     for the funding to remain available only until September 30, 
     2000. In the past this account has been available for two 
     years and this technical correction reinstates that policy.
       The conference action inserts a new section 176 that allows 
     $1,000,000 in Federal funds for the Georgetown Waterfront 
     Park Fund, initially appropriated in the FY 1999 DC 
     Appropriations Act (Public Law 105-277), to remain available 
     until expended.

         PRIOR CONFERENCE AGREEMENTS ON H.R. 2587 AND H.R. 3064

       What follows next is a description of the resolution of 
     selected differences between the House and Senate on the 
     District of Columbia Appropriations Acts for fiscal year 2000 
     as contained in H.R. 2587 and H.R. 3064, that were vetoed. 
     Even though there were differences between the House and 
     Senate versions of H.R. 2587 and H.R. 3064, the resolution of 
     nearly all of these differences was incorporated as identical 
     text in the House-passed version and the Senate amendment to 
     H.R. 3194. A description of the resolution of these 
     differences is included in this conference agreement because 
     an understanding of them is important to the overall 
     implementation of this Act.
       The conference agreement on H.R. 3194 incorporates some of 
     the provisions of both the House and Senate versions of H.R. 
     2587 and H.R. 3064. The language and allocations set forth in 
     House Report 106-249 and Senate Report 106-88 are to be 
     complied with unless specifically addressed in the 
     accompanying bill and statement of the managers to the 
     contrary. The agreement herein, while repeating some report 
     language for emphasis, does not negate the language 
     referenced above unless expressly provided. General 
     provisions which were identical in the House and Senate 
     passed versions of H.R. 2587 and not changed in H.R. 3064 or 
     H.R. 3194 and that are unchanged by this conference agreement 
     are approved unless provided to the contrary herein.

                TITLE I--FISCAL YEAR 2000 APPROPRIATIONS

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       Appropriates $17,000,000 as proposed by the House and the 
     Senate and makes modifications specifying that the entire  
     $17,000,000 will be available if the authorized program is 
     a nationwide program and $11,000,000 will be available if 
     the program is for a limited number of States. The 
     language also allows the District to use local tax 
     revenues for this program.

        Federal Payment for Incentives for Adoption of Children

       Appropriates $5,000,000 instead of $8,500,000 as proposed 
     by the House and includes language allowing the funds to be 
     used for local tax credits to offset costs incurred by 
     individuals in adopting children in the District's foster 
     care system and for health care needs of the children in 
     accordance with legislation to be enacted by the District 
     government.

         Federal Payment to the Citizen Complaint Review Board

       Appropriates $500,000 instead of $1,200,000 as proposed by 
     the House. This amount together with $700,000 in local funds 
     will provide a total of $1,200,000 for the Board's operations 
     in fiscal year 2000. The conferees recognize the importance 
     of an independent review body to act as a forum for the 
     review and resolution of complaints against officers of the 
     Metropolitan Police Department and special officers employed 
     by the District of Columbia. The conferees also request that 
     the Mayor's office provide a comprehensive plan for the use 
     of the Civilian Complaint Review Board. The plan/report 
     should contain information about the problems of the previous 
     review board and what will be done to avoid these problems 
     with the new board.

          Federal Payment to the Department of Human Services

       Appropriates $250,000 for a mentoring program and for 
     hotline services as proposed by the House.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       Appropriates $176,000,000 as proposed by the Senate instead 
     of $183,000,000 as proposed by the House and includes 
     language allowing the Corrections Trustee to use interest 
     earnings of up to $4,600,000 to assist the Trustee with the 
     sharp, rather unexpected increase in the overall inmate 
     population.

[[Page H12241]]

           Federal Payment to the District of Columbia Courts

       Appropriates $99,714,000 instead of $100,714,000 as 
     proposed by the House and $136,440,000 as proposed by the 
     Senate. The reduction below the House allowance reflects the 
     $1,000,000 in the capital program as proposed by the Senate.
       Courts' budget.--The conferees request that budget 
     information submitted by the Courts with their FY 2001 and 
     future budgets include grants and reimbursements from all 
     other sources so that information on total resources 
     available to the courts will be available.

          Defender Services in the District of Columbia Courts

       Appropriates $33,336,000 as proposed by the House and 
     includes language proposed by the Senate requiring monthly 
     financial reports.

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

       Appropriates $93,800,000 instead of $105,500,000 as 
     proposed by the House and $80,300,000 as proposed by the 
     Senate. The increase above the Senate allowance includes 
     $7,000,000 for increased drug testing and treatment and 
     $6,500,000 for additional parole and probation officers 
     instead of $13,200,000 and $10,000,000, respectively, as 
     proposed by the House.

                   Children's National Medical Center

       Appropriates $2,500,000 for Children's National Medical 
     Center instead of $3,500,000 as proposed by the House.

           Federal Payment for Metropolitan Police Department

       Appropriates $1,000,000 for the Metropolitan Police as 
     proposed by the Senate. The conferees recognize the 
     devastating problems caused by illegal drug use and fully 
     support this program to eliminate open air drug trafficking 
     in all four quadrants of the District of Columbia. The 
     conferees have included language requiring quarterly reports 
     to the Congress on all four quadrants. The reports should 
     include, at a minimum, the amounts expended, the number of 
     personnel involved, and the overall results and effectiveness 
     of the open air drug program in eliminating the drug 
     trafficking problem.

                       DISTRICT OF COLUMBIA FUNDS

                   Governmental Direction and Support


                  council of the district of columbia

       The conference action on H.R. 3064 inserts a proviso as 
     proposed by the Senate concerning the salary of members of 
     the Council of the District of Columbia.


                 office of the chief technology officer

       The conferees are concerned that the District's child 
     support system is not Y2K compliant. The conferees have been 
     advised that the Office of Corporation Counsel is responsible 
     for developing, operating, and maintaining this system which 
     is used by the District's courts to collect child support 
     payments from absentee parents, disburse payments to 
     custodial parents, and account for these activities. The 
     conferees urge the District's Chief Technology Officer to 
     provide the Office of Corporation Counsel with the necessary 
     support to ensure that: (1) The system is promptly remediated 
     and tested, and (2) a business continuity and contingency 
     plan that includes a Courts' child support functions is in 
     place. The conferees request a report on this matter by 
     November 1, 1999.


                       public safety and justice

       Appropriates $778,770,000 including $565,511,000 from local 
     funds and $184,247,000 from other funds instead of 
     $785,670,000 including $565,411,000 from local funds and 
     $191,247,000 from other funds as proposed by the House and 
     $778,470,000 including $565,211,000 from local funds and 
     $184,247,000 from other funds as proposed by the Senate. The 
     increase of $300,000 above the Senate allowance will provide 
     a total of $1,200,000 for the Citizen Complaint Review Board 
     consisting of $500,000 in Federal funds and $700,000 in local 
     funds instead of a total of $900,000 in local funds as 
     proposed by the Senate.
        The conference action retains the proviso that caps the 
     number of police officers assigned to the Mayor's security 
     detail at 15 as proposed by the House.
        The conference action includes a proviso that allows up to 
     $700,000 in local funds for the Citizen Complaint Review 
     Board instead of $900,000 in local funds as proposed by the 
     Senate.


                            fire department

        The conferees recommend that the Fire and Emergency 
     Medical Services Department conduct a study about the need 
     for placement of automated external defibrillators in Federal 
     buildings.


                        public education system

        The conference action includes the proviso proposed by the 
     Senate concerning the Weighted Student Formula and the 
     setting aside of five percent of the total budget which is to 
     be apportioned when the current student count for public and 
     charter schools has been completed. The conference action 
     also includes a proviso proposed by the Senate allowing 
     $500,000 for a Schools Without Violence program.
       The conferees to H.R. 3064 are aware of the Values First 
     program that is designed to bring character education to the 
     District's public elementary schools. The conferees are aware 
     that ten schools now have such a program. The conferees 
     encourage the public school system to continue to expand the 
     Values First program and expend the funds necessary to 
     implement this program on a broader basis.


                         human support services

        Appropriates $1,526,361,000 including $635,373,000 from 
     local funds as proposed by the House instead of 
     $1,526,111,000 including $635,123,000 as proposed by the 
     Senate.


                              public works

        The conference action deletes the proviso earmarking funds 
     as proposed by the Senate.


                         receivership programs

        Appropriates $342,077,000 including $217,606,000 from 
     local funds instead of $345,577,000 including $221,106,000 
     from local funds as proposed by the House and $337,077,000 
     including $212,606,000 from local funds as proposed by the 
     Senate.


                                reserve

        The conference action deletes the proviso concerning 
     expenditure criteria as proposed by the Senate.


district of columbia financial responsibility and management assistance 
                               authority

        The conference action retains the proviso concerning the 
     cap on the salary levels of the Executive Director and the 
     General Counsel as proposed by the House.


                           productivity bank

        The conference action retains the proviso requiring 
     quarterly reports as proposed by the House.


                   procurement and management savings

        The conference action restores the proviso requiring 
     quarterly reports as proposed by the House and deletes the 
     proviso requiring Council approval of a resolution 
     authorizing management reform savings proposed by the Senate.


                         d.c. retirement board

       The conference action amends the cap on the compensation of 
     the Chairman of the Board and the Chairman of the Investment 
     Committee of the Board to $7,500 instead of $10,000 as 
     proposed by the House.

                             Capital Outlay

        The conference action revises the first paragraph for 
     clarity as proposed by the House.

   Summary Table of Conference Recommendations by Agency and FY 2000 
                             Financial Plan

       A summary table showing the Federal appropriations by 
     account and the allocation of District funds by agency or 
     office under each appropriation heading for fiscal year 1999, 
     the fiscal year 2000 request, the House and Senate 
     recommendations, and the conference allowance, and the fiscal 
     year 2000 Financial Plan which is the starting point for the 
     independent auditor's comparison with actual year-end results 
     as required by section 143 of the bill follow:

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[[Page H12261]]

                           General Provisions

       The conference action changes several section numbers for 
     sequential purposes and makes technical revisions in certain 
     citations. Unless noted otherwise, the conference action 
     refers to H.R. 2587.
       The conference action restores section 117 of the House 
     bill prohibiting the use of Federal funds for a personal 
     cook, chauffeur, or other personal servants to any officer or 
     employee of the District of Columbia government.
       The conference action approves section 119 of the House 
     bill in lieu of section 118 of the Senate bill concerning the 
     cap on the salary of the City Administrator and the per diem 
     compensation to the directors of the Redevelopment Land 
     Agency.
       The conference action approves section 127 of the Senate 
     bill (new section 128) concerning financial management 
     services.
       The conference action on H.R. 3064 inserts a new subsection 
     (b) in section 129 as proposed by the Senate that allows an 
     increase in payments to attorneys representing special 
     education students if the Mayor, control board, and 
     Superintendent of Public Schools concur in a Memorandum of 
     Understanding setting forth the increase.
       The conference action revises the ceiling on operating 
     expenses in section 135 (new section 136) to $5,515,379,000 
     including $3,113,854,000 from local funds instead of 
     $5,522,779,000 including $3,117,254,000 as proposed by the 
     House and $5,486,829,000 including $3,108,304,000 as proposed 
     by the Senate.
       The conference action deletes subsection (d) of section 135 
     of the House bill concerning the application of excess 
     revenues as proposed by the Senate.
       The conference action deletes section 137 of the House bill 
     concerning a report on public school openings as proposed by 
     the Senate.
       The conference action requires the inventory of motor 
     vehicles required by section 139 of the House bill and 138 of 
     the Senate bill (new section 139) to be submitted by the 
     Chief Financial Officer as proposed by the House instead of 
     by the Mayor as proposed by the Senate.
       The conference action restores section 142 of the House 
     bill concerning the Compliance with Buy American Act.
       The conference action deletes section 141 of the Senate 
     bill concerning certain real property in the District of 
     Columbia. The language was made permanent in Public Law 105-
     277.
       The conference action deletes the date referenced in 
     section 146 of the Senate bill concerning the correctional 
     facility in Youngstown, Ohio as proposed by the Senate (new 
     section 147).
       The conference action approves section 148 of the Senate 
     bill concerning a reserve and positive fund balance for the 
     District of Columbia. The conferees believe that the reserve 
     fund will now serve as a true ``rainy day'' fund. Further, 
     the conferees have now required the District to maintain a 
     budget surplus of not less than 4 percent. Any funds in 
     excess of this level could be used for debt reduction and 
     non-recurring expenses. The conferees believe that this 
     combination of reforms will provide the District with a 
     stable financial situation that will in time reduce the 
     District's debt and lead to an improved bond rating.
       The conference action on H.R. 3064 revises section 151 
     concerning the monitoring of real property leases entered 
     into by the District government.
       The conference action on H.R. 3064 revises section 152 
     concerning new leases and purchases of real property by the 
     District government.
       The conference action deletes section 151 of the House bill 
     which prohibits the use of Federal funds for legalizing 
     marijuana or reducing penalties. Section 168 of the House 
     bill (new section 167) prohibits Federal and local funds for 
     legalizing marijuana or reducing penalties.
       The conference action restores section 154 of the House 
     bill (new section 153) concerning public charter school 
     construction and repair funds and amends the language to 
     provide $5,000,000 for a credit enhancement fund.
       The conference action deletes section 154 of the Senate 
     bill concerning termination of parole for illegal drug use.
       The conference action restores section 156 of the House 
     bill (new section 155) concerning the authorization period 
     for public charter schools.
       The conference action restores section 157 of the House 
     bill (new section 156) concerning sibling preference at 
     public charter schools.
       The conference action restores section 158 of the House 
     bill (new section 157) concerning buyouts and management 
     reforms and provides $18,000,000 instead of $20,000,000 as 
     proposed by the House. The conference action also inserts a 
     proviso concerning the spending and release of the funds.
       The conference action restores section 159 of the House 
     bill (new section 158) concerning the 14th Street Bridge and 
     provides $5,000,000 instead of $7,500,000 as proposed by the 
     House. The conference action also changes the source of funds 
     from the infrastructure fund to the District's highway trust 
     fund. The conferees direct that responsibility for this 
     project along with these funds be transferred to the Federal 
     Highway Administration for execution.
       The conference action restores section 160 of the House 
     bill (new section 159) concerning the Anacostia River 
     environmental cleanup.
       The conference action restores section 161 of the House 
     bill (new section 160) concerning the Crime Victims 
     Compensation Fund and amends the language so that funds are 
     retained each year to pay crime victims at the beginning of 
     the next year. The conference action also inserts language 
     that ratifies payments and deposits to conform with the 
     Revitalization Act (Public Law 105-33).
       The conference action restores section 162 of the House 
     bill (new section 161) requiring the chief financial officers 
     of the District of Columbia government to certify that they 
     understand the duties and restrictions required by this Act.
       The conference action restores section 163 of the House 
     bill (new section 162) requiring the fiscal year 2001 budget 
     to specify potential adjustments that might be necessary if 
     the proposed management savings are not achieved.
       The conference action restores section 164 of the House 
     bill (new section 163) requiring descriptions of certain 
     budget categories.
       The conference action restores section 165 of the House 
     bill (new section 164) concerning improvements to the 
     Southwest Waterfront in the District and modifies the 
     language to provide flexibility for the Mayor in executing 
     new 30-year leases with the existing lessee or their 
     successors at the Municipal Fish Wharf and the Washington 
     Marina.
       The conference action restores section 166 of the House 
     bill (new section 165) expressing the sense of Congress 
     concerning the American National Red Cross project at 2025 E 
     Street Northwest.
       The conference action restores section 167 of the House 
     bill (new section 166) concerning sex offender registration.
       The conference action restores section 168 of the House 
     bill (new section 167) prohibiting the use of funds to 
     legalize marijuana or reduce penalties.
       The conference action retains and amends section 149 of the 
     Senate bill (new section 168) providing $5,000,000 to offset 
     local taxes for a commercial revitalization program in 
     enterprise zones and low and moderate income areas in the 
     District of Columbia. The conferees believe that the 
     Commercial Revitalization program will be an important tool 
     for the city to improve blighted neighborhoods in the 
     District of Columbia. The conferees believe it is important 
     to bring new commercial enterprises into neglected areas of 
     the city. The conferees direct the District to review 
     Congressional proposals on this issue in order to use the 
     funds effectively.
       The conference action inserts section 151 of the Senate 
     bill (new section 170) concerning quality-of-life issues and 
     changes the findings from a sense of the Senate to a sense of 
     the Congress.
       The conference action inserts section 152 of the Senate 
     bill (new section 171) concerning the use of Federal Medicaid 
     payments to Disproportionate Share Hospitals.
       The conference action inserts section 153 of the Senate 
     bill (new section 172) concerning a study by the General 
     Accounting Office of the District's criminal justice system. 
     The conferees request that this be a comprehensive study of 
     all components of the criminal justice system including law 
     enforcement, courts, corrections, probation, and parole. The 
     report should include recommendations for improving the 
     performance of the overall system as well as the individual 
     agencies and programs.
       The conference action on H.R. 3064 inserts a new section 
     173 as proposed by the Senate that allows the DC Corporation 
     Counsel to review and comment on briefs in private lawsuits 
     and to consult with officials of the District government 
     regarding such lawsuits.
       The conference action on H.R. 3064 inserts a new section 
     174 as proposed by the Senate concerning wireless 
     communication and antenna applications. The language 
     recommended by the conferees requires the National Park 
     Service to implement the notice of decision approved by the 
     National Capital Regional Director, dated April 7, 1999, 
     including the issuance of right-of-way permits, within 7 days 
     of the enactment of this Act. Concerning future applications 
     for siting on Federal land, the responsible Federal agency is 
     directed to take final action to approve or deny each 
     application, including action on the issuance of right-of-way 
     permits at market rates, within 120 days of the receipt of 
     such application. This 120-day directive does not change or 
     eliminate the obligation that the responsible Federal agency 
     must comply with existing laws.

                        TITLE II--TAX REDUCTION

       The conference action restores Title II--Tax Reduction 
     commending the District of Columbia for its action to reduce 
     taxes and ratifying the District's Service Improvement and 
     Fiscal Year 2000 Budget Support Act of 1999 as proposed by 
     the House.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2000 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1999 amount, the 2000 
     budget estimates, and the House and Senate bills for 2000 
     follow:

Federal Funds:
    New budget (obligational) authority, fiscal year 1999...683,639,000
    Budget estimates of new (obligational) authority, fiscal393,740,000
    House bill, fiscal year 2000............................429,100,000
    Senate bill, fiscal year 2000...........................429,100,000

[[Page H12262]]

    Conference agreement, fiscal year 2000..................436,800,000
    Conference agreement compared with:
      New budget (obligational) authority, fiscal year 1999-246,839,000
      Budget estimates of new (obligations) authority, fiscal year 
        2000................................................+43,060,000
      House bill, fiscal year 2000...........................+7,700,000
      Senate bill, fiscal year 2000..........................+7,700,000
District of Columbia funds:
    New Budget (obligational) authority, fiscal year 1999.6,790,168,737
    Budget estimates of new (obligational) authority, fisc6,745,278,500
    House bill, fiscal year 2000..........................6,778,432,500
    Senate bill, fiscal year 2000.........................6,778,432,500
    Conference agreement, fiscal year 2000................6,778,432,500
    Conference agreement compared with:
      New budget (obligational) authority, fiscal year 1999.-11,736,237
      Budget estimates of new (obligations) authority, fiscal year 
        2000................................................+33,154,000
      House bill, fiscal year 2000.....................................
      Senate bill, fiscal year 2000....................................

                               DIVISION B

       Division B of the conference agreement includes a section 
     (section 1000) that enacts several bills by reference. 
     Section 1001 of this Division includes language that would 
     apply PAYGO scorekeeping rules to several of the bills 
     enacted by reference even though these bills would be enacted 
     in an appropriations bill.
       Text of those bills and explanatory statements for them 
     follow:
       The conference agreement would enact the provisions of H.R. 
     3421 as introduced on November 17, 1999. The text of that 
     bill follows:
       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 fiscal year 
     ending September 30, 2000, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

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


                     joint automated booking system

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


                       narrowband communications

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

                            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 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

[[Page H12263]]

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


                   united states trustee system fund

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


      salaries and expenses, foreign claims settlement commission

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


         salaries and expenses, united states marshals service

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

                    Federal Bureau of Investigation


                         salaries and expenses

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


                              construction

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

[[Page H12264]]

                    Drug Enforcement Administration


                         salaries and expenses

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


                              construction

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

                 Immigration and Naturalization Service


                         salaries and expenses

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


                     enforcement and border affairs

       For salaries and expenses for the Border Patrol program, 
     the detention and deportation program, the intelligence 
     program, the investigations program, and the inspections 
     program, including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police-
     type use (not to exceed 3,075 passenger motor vehicles, of 
     which 2,266 are for replacement only), without regard to the 
     general purchase price limitation for the current fiscal 
     year, and hire of passenger motor vehicles; acquisition, 
     lease, maintenance and operation of aircraft; research 
     related to immigration enforcement; for protecting and 
     maintaining the integrity of the borders of the United States 
     including, without limitation, equipping, maintaining, and 
     making improvements to the infrastructure; and for the care 
     and housing of Federal detainees held in the joint 
     Immigration and Naturalization Service and United States 
     Marshals Service's Buffalo Detention Facility, 
     $1,107,429,000; of which not to exceed $10,000,000 shall be 
     available for costs associated with the training program for 
     basic officer training, and $5,000,000 is for payments or 
     advances arising out of contractual or reimbursable 
     agreements with State and local law enforcement agencies 
     while engaged in cooperative activities related to 
     immigration; of which not to exceed $5,000,000 is to fund or 
     reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens; and of which not less than $18,510,000 shall 
     be for the costs of conversion to narrowband communications 
     and for the operations and maintenance of legacy Land Mobile 
     Radio systems: Provided, That such amount shall be 
     transferred to and administered by the Department of Justice 
     Wireless Management Office: Provided further, That none of 
     the funds available to the Immigration and Naturalization 
     Service shall be available to pay any employee overtime pay 
     in an amount in excess of $30,000 during the calendar year 
     beginning January 1, 2000: Provided further, That uniforms 
     may be purchased without regard to the general purchase price 
     limitation for the current fiscal year: Provided further, 
     That none of the funds provided in this or any other Act 
     shall be used for the continued operation of the San Clemente 
     and Temecula checkpoints unless the checkpoints are open and 
     traffic is being checked on a continuous 24-hour basis.


  citizenship and benefits, immigration support and program direction

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

[[Page H12265]]

     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 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 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; 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 
     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

[[Page H12266]]

     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 $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.


                    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.
       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

[[Page H12267]]

     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
       (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.

       ``(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.''.
       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 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.

[[Page H12268]]

                         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 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.

                          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 three 
     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 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.

                      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.

[[Page H12269]]

             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''.

                  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 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.


                   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 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

[[Page H12270]]

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                           defender services

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

                        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.

[[Page H12271]]

                  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. 461: Provided, That $9,611,000 is 
     appropriated for salary adjustments pursuant to this section 
     and such funds shall be transferred to and merged with 
     appropriations in title III of this Act.
       Sec. 305. Section 604(a)(5) of title 28, United States 
     Code, is amended by adding before the semicolon at the end 
     thereof the following: ``, and, notwithstanding any other 
     provision of law, pay on behalf of Justices and judges of the 
     United States appointed to hold office during good behavior, 
     aged 65 or over, any increases in the cost of Federal 
     Employees' Group Life Insurance imposed after April 24, 1999, 
     including any expenses generated by such payments, as 
     authorized by the Judicial Conference of the United States''.
       Sec. 306. The second paragraph of section 112(c) of title 
     28, United States Code, is amended to read ``Court for the 
     Eastern District shall be held at Brooklyn, Hauppauge, 
     Hempstead (including the village of Uniondale), and Central 
     Islip.''.
       Sec. 307. Pursuant to the requirements of section 156(d) of 
     title 28, United States Code, Congress hereby approves the 
     consolidation of the Office of the Bankruptcy Clerk with the 
     Office of the District Clerk of Court in the Southern 
     District of West Virginia.
       Sec. 308. (a) In General.--Section 3006A(d)(4)(D)(vi) of 
     title 18, United States Code, is amended by adding after the 
     word ``require'' the following: ``, except that the amount of 
     the fees shall not be considered a reason justifying any 
     limited disclosure under section 3006A(d)(4) of title 18, 
     United States Code''.
       (b) Effective Date.--This section shall apply to all 
     disclosures made under section 3006A(d) of title 18, United 
     States Code, related to any criminal trial or appeal 
     involving a sentence of death where the underlying alleged 
     criminal conduct took place on or after April 19, 1995.
       Sec. 309. (a) The President shall appoint, by and with the 
     advice and consent of the Senate--
       (1) three additional district judges for the district of 
     Arizona;
       (2) four additional district judges for the middle district 
     of Florida; and
       (3) two additional district judges for the district of 
     Nevada.
       (b) In order that the table contained in section 133 of 
     title 28, United States Code, will reflect the changes in the 
     total number of permanent district judgeships authorized as a 
     result of subsection (a) of this section--
       (1) the item relating to Arizona in such table is amended 
     to read as follows:

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

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

``Florida:

    Northern.....................................................4 ....

    Middle......................................................15 ....

    Southern.................................................16''; ....

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

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

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

[[Page H12272]]

     1636), $205,000,000, to remain available until expended as 
     authorized by section 105 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.


                   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 
     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.

                              construction

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


              american sections, international commissions

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


                  international fisheries commissions

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

                                 Other


                     payment to the asia foundation

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

           eisenhower exchange fellowship program trust fund

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

                    israeli arab scholarship program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli

[[Page H12273]]

     Arab Scholarship Fund on or before September 30, 2000, to 
     remain available until expended.


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

                   broadcasting capital improvements

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

       General Provisions--Department of State and Related Agency

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

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

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

                       Commission on Civil Rights


                         salaries and expenses

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

               Advisory Commission on Electronic Commerce

                         salaries and expenses

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

            Commission on Security and Cooperation In Europe

                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

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

[[Page H12274]]

     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.

                   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 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 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 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

[[Page H12275]]

     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.

                        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 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 
     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 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

[[Page H12276]]

     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 
     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 
     Southern Fund shall receive $10,000,000 and $10,000,000 
     respectively, 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 
     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.

[[Page H12277]]

       (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, 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 in 
     lieu thereof ``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 Chapters 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 States 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 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--
       (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.

                 Immigration and Naturalization Service


                       immigration emergency fund

                              (rescission)

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

                 DEPARTMENT OF STATE AND RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

                              (rescission)

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

                            RELATED AGENCIES

                     Small Business Administration


                     business loans program account

                              (rescission)

       Of the unobligated balances available under this heading, 
     $13,100,000 are rescinded.
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2000''.
       Following is explanatory language on H.R. 3421, as 
     introduced on November 17, 1999.
       The conferees on H.R. 3194 agree with the matter inserted 
     in this division of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in H.R. 
     2670, the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2000, by 
     members of the subcommittees of both House and Senate with 
     jurisdiction over H.R. 2670.
       H.R. 2670 was vetoed. The format of the statement of the 
     managers for this division is, in general, a repetition of 
     the statement of the managers for the vetoed conference 
     report with modifications to reflect the changes to teh 
     vetoed bill. References in the following statement to 
     appropriations amounts or other items proposed by the House 
     bill or Senate amendment refer only to those amounts and 
     items recommended in the House-passed and Senate-passed 
     versions of H.R. 2670. Any reference to appropriations 
     amounts or other items included in the conference agreement 
     reflects the final agreement on H.R. 3194.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       The conference agreement includes $79,328,000 for General 
     Administration as proposed in the House bill, instead of 
     $82,485,000 as proposed in the Senate bill. The conference 
     agreement assumes requested increases for reimbursable 
     workyears for the Office of Information and Privacy as 
     proposed in the House and Senate reports, and for the Justice 
     Management Division as proposed in the House report. No 
     additional funding has been provided for additional positions 
     for the Office of Intelligence and Policy Review.
       Within the total amount provided, the conference agreement 
     includes $8,136,000 for the Department Leadership Program as 
     proposed in both the House and Senate bills. In addition, the 
     conference agreement includes a provision which retains the 
     limitation on the Department Leadership Program to the level 
     of augmentation that occurred in these offices in fiscal year 
     1999.
       The conference agreement also includes a provision that 
     provides 41 permanent positions and 48 full-time equivalent 
     workyears and $4,811,000 for the Offices of Legislative 
     Affairs and Public Affairs, modified to allow the use of non-
     reimbursable career detailees as proposed in the Senate bill. 
     The House bill contained a similar provision, but did not 
     allow for the use of non-reimbursable detailees.
       The conference agreement includes a provision that provides 
     the Attorney General the authority to transfer forfeited 
     property of limited value to a State or local government or 
     its designee for certain community-based programs, subject to 
     reprogramming requirements, as proposed in the House bill. 
     The Senate bill did not contain this provision.
       The House report language with respect to the Department of 
     Justice's actions to expeditiously protect the constitutional 
     rights of all individuals is adopted by reference. In 
     addition, the conferees concur with the direction included in 
     the House report regarding comprehensive budget and financial 
     reviews of Departmental components. The conferees expect the 
     Attorney General to complete these reviews no later than 
     January 15, 2000, and to provide a report to the Committees 
     on Appropriations no later than February 15, 2000, on the 
     results of these reviews and any

[[Page H12278]]

     recommendations for improvements in the budget and financial 
     management practices of Departmental components.


                     joint automated booking system

       The conference agreement includes $1,800,000 as a separate 
     account for the Joint Automated Booking System (JABS) 
     program, instead of $6,000,000 as proposed in the Senate 
     bill. The House bill did not provide a separate appropriation 
     for JABS. A direct appropriation is provided to fund the 
     Departmental program office established to run this program. 
     In addition, should funding be available from Super Surplus 
     funds under the Assets Forfeiture Fund, the Attorney General 
     is expected to make available up to $4,200,000 for JABS 
     development and deployment activities. The Senate report 
     language regarding centralized funding for this program is 
     adopted by reference.


                       narrowband communications

       The conference agreement includes $115,941,000 for 
     narrowband communications conversion activities, instead of 
     $125,370,000 as proposed in the House bill, and $20,000,000 
     as proposed in the Senate bill. Of this amount, $10,625,000 
     is provided as a direct appropriation, $92,545,000 is 
     provided through transfers from Departmental components, and 
     $12,771,000 is provided from Super Surplus balances in the 
     Assets Forfeiture Fund, should funds be available. The Senate 
     bill proposed a direct appropriation of $20,000,000, and the 
     House bill provided no direct appropriation but instead made 
     funds available through transfers from Departmental 
     components and Super Surplus balances from the Assets 
     Forfeiture Fund.
       Within the amount provided, $10,625,000 is to support the 
     Wireless Management Office (WMO), including systems planning 
     and pilot tests, and $105,316,000 is for wireless replacement 
     activities, and operations and maintenance of legacy systems. 
     The conferees expect the Department of Justice to move 
     forward with the Department-wide consolidated, regional, 
     interagency strategy developed by the WMO, and have therefore 
     centralized all funding for narrowband communications 
     activities under the WMO. The conferees expect the WMO to 
     submit to the Committees on Appropriations no later than 
     February 15, 2000, a status report on implementation of this 
     plan. The conference agreement adopts the recommendations 
     included in the House and Senate reports regarding the fiscal 
     year 2001 budget submission for narrowband activities, and 
     the House report language regarding the transfer of 
     unobligated balances to the WMO.
       The conference agreement does not include language proposed 
     in the Senate bill allowing funds to be transferred to any 
     Department of Justice organization upon approval by the 
     Attorney General, subject to reprogramming procedures. The 
     House bill contained no similar provision.


                         counterterrorism fund

       The conference agreement includes $10,000,000 for the 
     Counterterrorism Fund as proposed in the House bill, instead 
     of $27,000,000 as proposed in the Senate bill. When combined 
     with $22,340,581 in prior year carryover, a total of 
     $32,340,581 will be available in the Fund in fiscal year 2000 
     to cover unanticipated, extraordinary expenses incurred as a 
     result of a terrorist threat or incident. The conferees 
     reiterate the concerns expressed in both the House and Senate 
     reports regarding the use of the Fund, and expect that the 
     Fund will be used only for unanticipated, extraordinary 
     expenses which cannot reasonably be accommodated within an 
     agency's regular budget. The Attorney General is required to 
     notify the Committees on Appropriations in accordance with 
     section 605 of this Act, prior to the obligation of any funds 
     from this account.
       The conference agreement adopts the direction included in 
     the House and Senate reports regarding the National Domestic 
     Preparedness Office. The House and Senate report language 
     regarding funding for cyberterrorism and related activities, 
     and the Senate report language regarding the development of a 
     Continuity of Government comprehensive emergency plan is also 
     adopted by reference. The Senate report language regarding 
     the involvement of State and local governments in the annual 
     update of the comprehensive counterterrorism and technology 
     crime plan is adopted by reference.
       The conference agreement does not include language proposed 
     in the Senate bill allowing the Fund to be used for the costs 
     of conducting assessments of Federal agencies and facilities. 
     The House bill did not contain this provision.


               telecommunications carrier compliance fund

       The conference agreement includes $15,000,000, as proposed 
     in both the House and Senate bills, for the 
     Telecommunications Carrier Compliance program to reimburse 
     equipment manufacturers and telecommunications carriers and 
     providers of telecommunications services for implementation 
     of the Communications Assistance for Law Enforcement Act of 
     1994 (CALEA).


                   administrative review and appeals

       The conference agreement includes $148,499,000 for 
     Administrative Review and Appeals, instead of $134,563,000 as 
     proposed in the House bill and $89,978,000 as proposed in the 
     Senate bill, of which $50,363,000 is provided from the 
     Violent Crime Reduction Trust Fund. Of the total amount 
     provided, $146,899,000 is for the Executive Office for 
     Immigration Review (EOIR) and $1,600,000 is for the Office of 
     the Pardon Attorney.
       The conferees direct the Executive Office for Immigration 
     Review to provide the following: (1) beginning on March 1, 
     2000, semiannual reports on the number of immigration judges 
     and Board of Immigration Appeals members; the number of cases 
     pending and the number of cases completed before each body 
     for each 6-month period; and the number of cases completed by 
     type of completion (order of removal, termination, 
     administratively closed, or relief granted) for those cases 
     in each 6-month period; and (2) by April 1, 2000, a report, 
     which should include consultation with the Immigration and 
     Naturalization Service and the private bar, on the 
     feasibility of electronic filing of documents, such as 
     Notices to Appear, applications for relief, Notices of 
     Appeal, and briefs, with the Offices of Immigration Judges 
     and with the Board of Immigration Review.


                      office of inspector general

       The conference agreement includes $40,275,000 for the 
     Office of Inspector General, instead of $42,475,000 as 
     proposed in the House bill, and $32,049,000 as proposed in 
     the Senate bill.
       The conference agreement does not include requested bill 
     language which was included in the House bill, but not in the 
     Senate bill, to use 0.2 percent of Violent Crime Reduction 
     Trust Funds to audit grant programs within the Department. 
     The conference agreement includes requested language relating 
     to motor vehicles, which was in the House bill but not in the 
     Senate bill. The conference agreement includes bill language 
     designating a portion of funds to be used for narrowband 
     conversion activities and transfers these funds to the 
     Department of Justice Wireless Management Office.
       The conferees are deeply concerned that Department 
     employees accused of wrongdoing are not enjoying the swift 
     justice that is every citizen's right. Though the Inspector 
     General has made some progress in working down its backlog of 
     ``non-judicial cases'', including special investigations, 
     there are still far too many investigations that have 
     stretched as long as 60 months without action or resolution. 
     The conferees direct that all cases opened before April 1, 
     1999 shall be resolved not later than 60 days after the date 
     of enactment of this Act in one of the following ways: (1) 
     referral to the U.S. Attorneys for prosecution, (2) referral 
     to the appropriate component for administrative punishment, 
     (3) transmittal of a letter to the appropriate component for 
     inclusion in the personnel jacket of the accused indicating 
     case closure based upon a lack of evidence, or (4) 
     transmittal of a letter to an appropriate component for 
     inclusion in the personnel jacket of the accused indicating 
     case closure based upon exoneration.
       The conferees understand that there may be extenuating 
     circumstances for certain extraordinary cases which may not 
     allow for compliance with this requirement. In such 
     instances, the Office of Inspector General shall report in an 
     appropriate manner, so as not to jeopardize the pending 
     investigation, to the Committees on Appropriations, the 
     status and anticipated completion date for these cases. This 
     report shall be submitted no later than 90 days after the 
     date of enactment and shall be updated on a semi-annual 
     basis.

                    United States Parole Commission


                         salaries and expenses

       The conference agreement includes $8,527,000 for the U.S. 
     Parole Commission, instead of $7,380,000 as proposed in the 
     House bill and $7,176,000 as proposed in the Senate bill.

                            Legal Activities


            salaries and expenses, general legal activities

       The conference agreement includes $504,945,000 for General 
     Legal Activities instead of $503,620,000 as proposed in the 
     House bill, and $485,000,000 as proposed in the Senate bill, 
     of which $147,929,000 is provided from the Violent Crime 
     Reduction Trust Fund (VCRTF) as proposed in the House bill. 
     Of this amount, $582,000 is to be transferred to the 
     Presidential Advisory Commission on Holocaust Assets in the 
     United States.
       Except for amounts provided to the Civil Rights Division 
     the conference agreement includes no other program increases 
     for this account, but instead has provided base adjustments 
     proportionately distributed among the divisions. The 
     distribution of funding included in the conference agreement 
     is as follows:

Office of the Solicitor General..............................$6,770,000
Tax Division.................................................67,200,000
Criminal Division...........................................104,477,000
Civil Division..............................................147,616,000
Environment and Natural Resources............................65,209,000
Office of Legal Counsel.......................................4,698,000
Civil Rights Division........................................82,150,000
Interpol--USNCB...............................................7,360,000
Legal Activities Office Automation...........................18,571,000
Office of Dispute Resolution....................................312,000
                                                       ________________
                                                       
    Total...................................................504,363,000

       The conference agreement allows $36,666,000 to remain 
     available until expended for office automation costs, instead 
     of $55,166,000 as proposed in the Senate bill, and 
     $18,166,000 as proposed in the House bill. The conference 
     agreement adopts the Senate position that no funds are 
     provided for the

[[Page H12279]]

     Joint Center for Strategic and Environmental Enforcement, and 
     by reference adopts the House report language regarding 
     extradition tracking systems.


               the national childhood vaccine injury act

       The conference agreement includes a reimbursement of 
     $4,028,000 for fiscal year 2000 from the Vaccine Injury 
     Compensation Trust Fund to the Department of Justice, as 
     proposed in the Senate bill, instead of $3,424,000 as 
     proposed in the House bill.


               salaries and expenses, antitrust division

       The conference agreement provides $110,000,000 for the 
     Antitrust Division, instead of $112,318,000 as proposed in 
     the Senate bill, and $105,167,000 as proposed in the House 
     bill. The conference agreement assumes that of the amount 
     provided, $81,850,000 will be derived from fees collected in 
     fiscal year 2000, and $28,150,000 will be derived from 
     estimated unobligated fee collections available from 1999 and 
     prior years, resulting in a net direct appropriation of $0. 
     It is intended that any excess fee collections shall remain 
     available for the Antitrust Division in future years.
       The conferees are aware that the Division is facing 
     increased requirements related to electronic data storage, 
     data processing, and automated litigation support which have 
     impacted the ability of the Antitrust Division to maintain 
     its current base operating level. Therefore, the conference 
     agreement has included sufficient funding to address these 
     requirements to enable the Division to maintain the current 
     operating level.
       The conference agreement includes language proposed in the 
     Senate bill making technical corrections to code citations.


             salaries and expenses, united states attorneys

       The conference agreement includes $1,161,957,000 for the 
     U.S. Attorneys as proposed in the House bill, instead of 
     $1,089,478,000 as proposed in the Senate bill, all of which 
     is a direct appropriation, instead of $500,000,000 from the 
     Violent Crime Reduction Trust Fund (VCRTF) as proposed in the 
     Senate bill.
       The conference agreement provides a net increase of 
     $60,755,000 for adjustments to base as follows: $69,944,000 
     is provided for annualization of the 96 positions provided in 
     fiscal year 1999, as well as other pay and inflationary 
     costs, offset by $9,189,000 in base decreases attributable to 
     savings from the direction included in the Senate report 
     regarding unstaffed offices, the provision of funding for the 
     victims witness coordinator and advocate program from the 
     Crime Victims Fund, and other non-recurring requirements.
       The conference agreement also includes the following 
     program increases:
       Firearms Prosecutions.--The conference agreement provides 
     $7,125,000 to continue and expand intensive firearms 
     prosecution projects to enforce Federal laws designed to keep 
     firearms out of the hands of criminals and to enhance 
     existing law enforcement efforts. The conferees direct the 
     Executive Office of US Attorneys (EOUSA) to submit a spending 
     plan to the Committees on Appropriations no later than 
     December 1, 1999. This spending plan shall give priority 
     consideration to the needs of those areas referenced in the 
     Senate-passed bill, as well as other areas with high 
     incidences of firearms violations.
       Legal Education.--The conference agreement provides a 
     program increase of $2,300,000 to establish a distance 
     learning facility at the National Advocacy Center (NAC) in 
     accordance with the direction included in the Senate report. 
     When combined with $15,015,000 included within base 
     resources, as requested in the budget, a total of $17,315,000 
     is included under this account for legal education at the 
     National Advocacy Center (NAC).
       Courtroom Technology.--The conference agreement provides 
     $1,399,000 for technology demonstration projects, with 
     priority given to the locations referred to in the Senate 
     report.
       In addition, $1,000,000 is included from within base 
     resources to continue a violent crime task force 
     demonstration project to investigate and prosecute 
     perpetrators of Internet sexual exploitation of children, to 
     be administered under the auspices of Operation 
     Streetsweeper, as proposed in the Senate bill.
       The conference agreement does not adopt the recommendations 
     included in the Senate report regarding term appointments, 
     civil defensive litigation, or child support enforcement.
       In addition to identical provisions that were included in 
     both the House and Senate bills, the conference agreement 
     includes the following provisions: (1) providing for 9,120 
     positions and 9,398 workyears for the U.S. Attorneys, instead 
     of 9,044 positions and 9,360 workyears as proposed in the 
     House bill, and 9,044 positions and 9,312 workyears as 
     proposed in the Senate bill; (2) allowing not to exceed 
     $2,500,000 for debt collection activities to remain available 
     for two years as proposed in the House bill; and (3) allowing 
     not to exceed $2,500,000 for the National Advocacy Center and 
     $1,000,000 for violent crime task forces to remain available 
     until expended as proposed in the Senate bill. The conference 
     agreement does not include language proposed in the Senate 
     bill designating funding for civil defensive litigation, 
     allowing the transfer of up to $20,000,000 from this account 
     to the Federal Prisoner Detention account, and designating 
     funding for certain task force activities.


                   united states trustee system fund

       The conference agreement provides $112,775,000 in budget 
     authority for the U.S. Trustees, of which $106,775,000 is 
     derived from fiscal year 2000 offsetting fee collections, and 
     $6,000,000 is derived from interest earned on Fund 
     investments, instead of $112,775,000 in budget authority and 
     fiscal year 2000 offsetting fee collections as proposed in 
     the Senate bill, and $114,248,000 in budget authority, of 
     which $108,248,000 is derived from fiscal year 2000 
     offsetting fee collections and $6,000,000 in interest 
     earnings as proposed in the House bill.
       The conference agreement assumes that $9,319,000 in prior 
     year carryover will be available to the U.S. Trustees in 
     fiscal year 2000, providing a total operating level of 
     $122,094,000, the full amount necessary to maintain the 
     current operating level of 1,128 positions and 1,059 
     workyears. The conferees remind the U.S. Trustees that 
     amounts collected or otherwise available in excess of the 
     total operating level assumed in the conference agreement are 
     subject to section 605 of this Act. In addition, the 
     conferees adopt by reference the Senate report language on 
     the National Advocacy Center (NAC). The conferees direct the 
     U.S. Trustees to report to the Committees on Appropriations 
     no later than December 31, 1999, on the planned number and 
     type of bankruptcy classes to be conducted at the NAC.
       The conference agreement includes a provision as proposed 
     in the House bill to allow interest earned on Fund investment 
     to be used for expenses in this appropriation. The Senate 
     bill did not contain this provision.


      salaries and expenses, foreign claims settlement commission

       The conference agreement provides $1,175,000 for the 
     Foreign Claims Settlement Commission, as requested and as 
     provided in both the House and Senate bills, and assumes 
     funding in accordance with both the House and Senate bills.


         salaries and expenses, united states marshals service

       The conference agreement includes $543,365,000 for the U.S. 
     Marshals Service Salaries and Expenses account, instead of 
     $538,909,000 as proposed in the House bill and $547,253,000 
     as proposed in the Senate bill. Of this amount, the 
     conference agreement provides that $209,620,000 will be 
     derived from the Violent Crime Reduction Trust Fund (VCRTF) 
     as proposed in the House bill, instead of $138,000,000 as 
     proposed in the Senate bill.
       The amount included in the conference agreement includes a 
     $29,832,000 net increase for inflationary and other base 
     adjustments, including $1,600,000 to continue and expand the 
     Marshals Service's subscriptions to credit bureau and 
     personal and commercial property on-line services. The 
     conferees remain seriously concerned about the Marshals 
     Service's inability to accurately project its funding 
     requirements and effectively manage the resources provided. 
     Therefore, the conference agreement adopts by reference the 
     language and direction included in the House report regarding 
     budget and financial management practices.
       In addition, the conference agreement includes $20,424,000 
     in program increases for the following: (1) $4,003,000 (56 
     positions and 28 workyears) for courthouse security personnel 
     related to activation of new courthouses opening in fiscal 
     year 2000; (2) $2,600,000 for electronic surveillance unit 
     equipment; and (3) $13,821,000 for courthouse security 
     equipment, of which $9,000,000 is to be derived from the 
     Working Capital Fund, to be provided for newly opening 
     courthouses as follows:


                   USMS Courthouse Security Equipment

                       [In thousands of dollars]

Omaha, NE........................................................$1,000
Hammond, IN.........................................................866
Covington, KY.......................................................161
London, KY..........................................................275
Montgomery, AL....................................................1,130
Tucson, AZ..........................................................846
Phoenix, AZ.........................................................861
Charleston, SC......................................................379
Albany, NY..........................................................478
Los Angeles, CA.....................................................256
Sioux City, IA......................................................264
Agana, Guam.........................................................781
Islip, NY.........................................................1,669
St. Louis, MO.....................................................1,754
Las Vegas, NV.......................................................900
Riverside, CA.......................................................436
Corpus Christi, TX................................................1,000
Charleston, WV......................................................100
Pocatello, ID....................................................... 15
Albuquerque, NM.....................................................200
Kansas City, MO.....................................................450
                                                             __________
                                                             
    Total, USMS Security Equipment...............................13,821

       The conferees expect the Marshals Service to give priority 
     to those facilities scheduled to come on line in the first 
     half of fiscal year 2000, and expect to be notified in 
     accordance with section 605 of this Act prior to any 
     deviation from the above distribution.
       The conference agreement does not include a provision 
     proposed in the Senate bill requiring a judge to submit a 
     written request to the Attorney General for approval prior to 
     the service of process by a Marshals Service employee. The 
     conferees are aware of concerns regarding the impact that 
     service of process duties is having on the Marshals Service. 
     Therefore, the conferees direct the Attorney General and the 
     Marshals Service to work with the Administrative Office of

[[Page H12280]]

     the Courts to study alternatives for service of process in 
     certain cases in which no law enforcement presence is 
     required, and to report back to the Committees on 
     Appropriations no later than February 1, 2000, on the impact 
     of such alternatives on the Marshals Service and the Federal 
     Courts.
       In addition, the conferees concur with the recommendation 
     included in the Senate report regarding the reallocation of 
     personnel resulting from the defederalization of District of 
     Columbia Superior Court operations. Should defederalization 
     occur, the Marshals Service is directed to notify the 
     Committees of such reallocation in accordance with section 
     605 of this Act.
       The conference agreement does not include language proposed 
     in the Senate bill which limits the use of contract officers 
     and limits the use of employees of the Marshals Service to 
     serve process.


                              CONSTRUCTION

       The conference agreement includes $6,000,000 in direct 
     appropriations for the U.S. Marshals Service Construction 
     account instead of $9,632,000 as proposed in the Senate bill, 
     and $4,600,000 as proposed in the House bill. An additional 
     $2,600,000 is to be provided for this account should funds be 
     available from Super Surplus balances in the Assets 
     Forfeiture Fund. The conference agreement includes the 
     following distribution of funds:

                           USMS Construction

                       [In thousands of dollars]

Fairbanks, AK......................................................$300
Prescott, AZ........................................................125
Atlanta, GA.........................................................368
Moscow, ID..........................................................185
Rockford, IL........................................................250
Louisville, KY......................................................350
Detroit, MI.........................................................515
Las Cruces, NM......................................................275
Greensboro, NC......................................................725
Muskogee, OK........................................................650
Pittsburgh, PA......................................................550
Charleston, SC......................................................725
Florence, SC........................................................300
Spartanburg, SC.....................................................400
Columbia, TN........................................................250
Beaumont, TX........................................................450
Sherman, TX.........................................................850
Cheyenne, WY........................................................500
Security Specialists/Construction Engineers.........................832
                                                             __________
                                                             
    Total, Construction...........................................8,600

       The conferees expect to be notified in accordance with 
     section 605 of this Act prior to any deviation from the above 
     distribution.


         JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND

       The conference report includes requested language 
     permanently establishing a revolving fund for the operation 
     of the Justice Prisoner and Alien Transportation System 
     (JPATS), as provided in both the House and Senate bills. The 
     conference agreement does not include direct funding of 
     $9,000,000 proposed in the Senate bill to pay for Marshals 
     Service payments to the JPATS revolving fund. The conferees 
     expect the Marshals Service to adequately budget for its own 
     requirements for prisoner movements within its own base 
     budget under the Salaries and Expenses account, as is the 
     practice for all other agencies, and have addressed the 
     Marshals Service's needs under that account.
       The conference agreement adopts the direction included in 
     the House and Senate reports regarding full cost recovery, 
     the direction included in the House report regarding system 
     enhancements, and the direction included in the Senate report 
     regarding surplus Department of Defense aircraft.
       The conference agreement does not include language amending 
     the definition of public aircraft with respect to JPATS 
     activities, which was proposed in the Senate bill.


                       FEDERAL PRISONER DETENTION

       The conference agreement provides $525,000,000 for Federal 
     Prisoner Detention as proposed in the House bill, instead of 
     $500,000,000 as proposed in the Senate bill, which is a 
     $100,000,000 increase over the fiscal year 1999 level. This 
     amount, combined with approximately $14,000,000 in carryover, 
     will provide total funding of $539,000,000 in fiscal year 
     2000. The conferees remain extremely concerned about the 
     inability of the Marshals Service to accurately project and 
     manage the resources provided under this account. While the 
     conferees appreciate the difficulty in projecting funding 
     requirements, the wide fluctuations which have occurred in 
     recent years are unacceptable. Given the conferees' continued 
     concern about the ability of the Marshals Service to provide 
     accurate cost projections, the recommendation includes the 
     amount of funding identified as necessary to detain the 
     current average population, adjusted for anticipated 
     increases in jail day costs, as well as allows for additional 
     growth in the detainee population. A general provision has 
     also been included elsewhere in this title, as requested, 
     addressing medical services costs, which should result in 
     savings to the program. Should additional funding be 
     required, the conferees would be willing to entertain a 
     reprogramming in accordance with Section 605 of this Act. In 
     addition, the conference agreement adopts the direction 
     included in the Senate report requiring quarterly reports on 
     cost savings initiatives, as well as a report on sentencing 
     delays.


                     FEES AND EXPENSES OF WITNESSES

       The conference agreement includes $95,000,000 for Fees and 
     Expenses of Witnesses as proposed in the House bill, instead 
     of $110,000,000 as proposed in the Senate bill. The 
     conference agreement does not include a provision allowing up 
     to $15,000,000 to be transferred from this account to the 
     Federal Prisoner Detention account, which was proposed in 
     the Senate bill.


                      COMMUNITY RELATIONS SERVICE

       The conference agreement includes $7,199,000 for the 
     Community Relations Service, as proposed in both the House 
     and Senate bills. In addition, the conference agreement 
     includes a provision allowing the Attorney General to 
     transfer up to $1,000,000 of funds available to the 
     Department of Justice to this program, as proposed in the 
     House bill. The Attorney General is expected to report to the 
     Committees on Appropriations of the House and Senate if this 
     transfer authority is exercised. In addition, a provision is 
     included allowing the Attorney General to transfer additional 
     resources, subject to reprogramming procedures, upon a 
     determination that emergent circumstances warrant additional 
     funding, as proposed in the House bill. The Senate bill did 
     not include either transfer provision.


                         ASSETS FORFEITURE FUND

       The conference agreement provides $23,000,000 for the 
     Assets Forfeiture Fund as proposed in Senate bill, instead of 
     no funding as proposed in the House bill.

                    Radiation Exposure Compensation


                        ADMINISTRATIVE EXPENSES

       The conference agreement recommends $2,000,000 for fiscal 
     year 2000, the full amount requested, the same amount 
     proposed in both the House and Senate bills, and in 
     accordance with the House and Senate bills.


         PAYMENT TO RADIATION COMPENSATION EXPOSURE TRUST FUND

       The conference agreement provides $3,200,000 in direct 
     appropriations and assumes prior year carryover funding of 
     $7,800,000 for total of $11,000,000 for the Compensation 
     Trust Fund.
       The Administration's fiscal year 2000 request was 
     predicated on the passage of legislation that increased both 
     the amount of payments to qualifying individuals and the 
     number of categories of claimants. The proposed 
     legislation has not been acted on and future passage is 
     uncertain. The conferees are concerned that the 
     Administration has expanded the number of claimants 
     through the issuing of regulations when Congress has not 
     chosen to do so through the normal legislative process. 
     The conferees have provided adequate funding to cover the 
     payments of the three categories of claimants currently 
     provided for in statute. No additional funding is provided 
     to cover the claims of individuals provided for by 29 CFR 
     Part 79.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

       The conference agreement includes a total of $316,792,000 
     for Interagency Crime and Drug Enforcement (ICDE) as proposed 
     in the House bill, instead of $304,014,000 as proposed in the 
     Senate bill. The distribution of funding provided is as 
     follows:


                        Reimbursements by Agency

                       [In thousands of dollars]

Drug Enforcement Administration................................$104,000
Federal Bureau of Investigation.................................108,544
Immigration and Naturalization Service...........................15,300
Marshals Service..................................................1,900
U.S. Attorneys...................................................83,300
Criminal Division...................................................790
Tax Division......................................................1,344
Administrative Office.............................................1,614
                                                             __________
                                                             
    Total.......................................................316,792

       The conferees continue to believe that a dedicated, focused 
     effort is needed for this activity. Therefore, the conference 
     agreement adopts the approach included in both the House and 
     Senate bills to continue funding for Department of Justice 
     components' participation in ICDE activities as a separate 
     appropriations account, instead of providing funding directly 
     to individual components as proposed in the President's 
     budget. The conferees recognize that in order to be truly 
     successful, all participants must remain committed to the 
     program, and the program must be implemented as efficiently 
     as possible. The conferees direct the Department of Justice 
     to conduct a comprehensive review of the program and provide 
     a report to the Committees on Appropriations no later than 
     January 15, 2000, with any recommendations to improve the 
     program.
       The conference agreement includes language allowing up to 
     $50,000,000 to remain available until expended as proposed in 
     the House bill, instead of $20,000,000 as proposed in the 
     Senate bill.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       The conference agreement includes $3,089,868,000 for the 
     Federal Bureau of Investigation (FBI) Salaries and Expenses 
     account as proposed in the House bill, instead of 
     $2,973,292,000 as proposed in the Senate bill, of which 
     $752,853,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF) as recommended in the House bill, instead 
     of $280,501,000 as recommended in the Senate bill. In 
     addition, the conference agreement provides that not less 
     than $292,473,000 shall be used for counterterrorism 
     investigations, foreign counterintelligence, and other 
     activities related to national security as proposed in the 
     House bill, instead of $260,000,000 as proposed

[[Page H12281]]

     in the Senate bill. This statement of managers reflects the 
     agreement of the conferees on how the funds provided in the 
     conference report are to be spent.
       The conference agreement includes a net increase of 
     $100,836,000 for adjustments to base, as follows: increases 
     totaling $182,935,000 for costs associated with the 
     annualization of new positions provided in fiscal year 1999, 
     the 2000 pay raise, increased rent, continued direct funding 
     of the National Instant Check System, and other inflationary 
     adjustments; offset by decreases totaling $82,099,000 for 
     non-recurring costs associated with the completion of the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) and one-time equipment purchases provided for in 
     fiscal year 1999, the transfer of the State Identification 
     grants program to the Office of Justice Programs, the 
     rebaselining of certain programs to match actual 
     expenditures, and reductions for vehicle and furniture 
     purchases. In addition, the conference agreement includes 
     program increases totaling $7,484,000, which are described 
     below:
       National Infrastructure Protection/Computer Intrusion.--The 
     conference agreement adopts the direction included in the 
     Senate report requiring the conversion of 95 part-time 
     positions for Computer Analysis Response Teams (CART) to 62 
     full-time positions, which will enable the FBI to increase 
     its total effort by 20%. The conferees believe that the 
     complexity of computer forensic examinations necessitates a 
     cadre of personnel dedicated to this activity, which can 
     provide the necessary investigative support to field offices, 
     and expect the FBI to deploy these personnel in a manner 
     which maximizes coverage and support to field offices. To 
     ensure that these teams can effectively respond to the needs 
     of the field, a program increase of $3,399,000 has been 
     provided for training, equipment, supplies and technology 
     upgrades for these teams. The conferees direct the FBI to 
     submit a spending plan to the Committees on Appropriations 
     prior to the release of these funds. In addition, the 
     conferees expect the FBI to comply with the direction 
     included in the Senate report regarding the adequacy of 
     examiner training, and the development of a master plan 
     regarding current and planned capabilities to combat computer 
     crime and intrusion.
       In addition, the conference agreement provides a total of 
     $18,596,000 for the National Infrastructure Protection Center 
     (NIPC), of which $1,250,000 is for a cybercrime partnership 
     with the Thayer School of Engineering, as proposed in the 
     Senate report. This amount, when combined with $2,069,436 in 
     carryover funding, will provide a total of $20,880,032 for 
     the NIPC in fiscal year 2000, approximately the same level of 
     funding available in fiscal year 1999, adjusted for costs 
     associated with certain non-recurring requirements. It has 
     come to the conferees' attention that concerns have been 
     expressed regarding the adequacy of staffing levels at the 
     NIPC. The conferees are concerned that the current FBI on-
     board staffing level at the NIPC is only at 80% of its 
     authorized and funded level, and other agency participation 
     is only at 70% of the authorized level. The conferees direct 
     the FBI to provide a report to the Committees no later than 
     December 1, 1999, on the actions it is taking to rectify this 
     situation.
       Mitochondrial DNA.--The conference agreement includes a 
     program increase of $2,835,000 (5 positions and 3 workyears) 
     for the development of the use of mitochondrial DNA to assist 
     in the identification of missing persons, as proposed in the 
     Senate report.
       Criminal Justice Services.--The conference agreement 
     includes a total of $212,566,000 for the Criminal Justice 
     Information Services Division (CJIS), which includes the 
     National Instant Check System (NICS), an increase of 
     $81,500,000 above the request. Of this amount, $70,235,000 is 
     for NICS, including $2,500,000 to be funded from prior year 
     carryover, and $142,331,000 is for non-NICS activities, 
     including $11,265,000 for an operations and maintenance 
     shortfall affecting the Integrated Automated Fingerprint 
     Identification System (IAFIS) and the National Crime 
     Information Center (NCIC).
       The fiscal year 2000 budget for the FBI included no direct 
     funding for the NICS, and instead proposed to finance the 
     costs of this system through a user fee. The conference 
     agreement includes a provision under Title VI of this Act 
     which prohibits the FBI from charging a fee for NICS checks, 
     and instead provides funding to the FBI for its costs in 
     operating the NICS.
       Indian Country Law Enforcement.--The conferees share the 
     concerns expressed in the Senate report regarding sexual 
     assaults on Indian reservations. The conferees direct the FBI 
     to reallocate not less than 25 agents to existing DOJ offices 
     nearest to the Indian reservations identified in the Senate 
     report. The conferees assume these agents will serve as part 
     of multi-agency task forces dedicated to addressing this 
     problem. While the conferees do not intend for this to be a 
     permanent redirection of FBI resources, the conferees expect 
     the FBI to implement this direction in the most cost 
     effective manner possible. Therefore, the conferees direct 
     the FBI to submit an implementation plan to the Committees on 
     Appropriations no later than December 1, 1999, and to provide 
     a report on the success of its investigative efforts not 
     later than June 1, 2000.
       Information Sharing Initiative (ISI).--The conference 
     agreement does not include program increases for ISI. Within 
     the total amount available to the FBI, $20,000,000 is 
     available from fiscal year 2000 base funding, and $60,000,000 
     is available from unobligated balances from fiscal year 1999. 
     The Bureau is again directed not to obligate any of these 
     funds until approval by the Committees of an ISI plan.
       The conferees reiterate the concerns expressed in the House 
     report regarding the FBI's information technology 
     initiatives. The FBI is expected to comply with the direction 
     included in the House report regarding the submission of an 
     Information Technology report, and is directed to provide 
     this report to the Committees on Appropriations no later than 
     November 1, 1999, and an updated report as part of the fiscal 
     year 2001 budget submission.
       National Domestic Preparedness Office (NDPO).--The FBI is 
     considered the lead agency for crisis management; the Federal 
     Emergency Management Agency (FEMA) is considered the lead 
     agency for consequence management; and various other Federal 
     agencies share additional responsibilities in the event of a 
     terrorist attack. In the past, there has been no coordinated 
     effort to prepare State and local governments to respond to 
     terrorist incidents. The Department of Justice has proposed 
     the establishment of an interagency National Domestic 
     Preparedness Office (NDPO) to coordinate Federal assistance 
     programs for State and local first responders, provide a 
     single point of contact among Federal programs, and create a 
     national standard for domestic preparedness, thereby 
     improving the responsiveness of Federal domestic preparedness 
     programs, while reducing duplication of effort. The conferees 
     approve the Department's request to create the NDPO and 
     direct the Department of Justice to submit to the Committees 
     no later than December 15, 1999, the final blueprint for this 
     office. Within the total amount available to the FBI, up to 
     $6,000,000 may be used to provide funding for the NDPO in 
     fiscal year 2000, subject to the submission of a 
     reprogramming in accordance with section 605 of this Act. 
     Further, the conferees expect the five-year interagency 
     counterterrorism plan, which is to be submitted to the 
     Committees no later than March 1, 2000, to identify and 
     incorporate the NDPO's role and function.
       Other.--From within the total amount provided under this 
     account, the FBI is directed to provide not less than 
     $5,204,000 to maintain the Crimes Against Children initiative 
     as recommended in the Senate report. In addition, not less 
     than $1,500,000 and 11 positions are to be provided to 
     continue the Housing Fraud initiative as recommended in the 
     House report. The conferees are concerned about the delay in 
     fully implementing the Housing Fraud initiative provided for 
     in fiscal year 1999, and expect the FBI to take all necessary 
     actions to fully implement this initiative and report back to 
     the Committees on Appropriations no later than December 1, 
     1999, on its actions.
       The Senate report language regarding intelligence 
     collection management officers, background checks for school 
     bus drivers, the Northern New Mexico anti-drug initiative, 
     and continued collaboration with the Southwest Surety 
     Institute is adopted by reference. The conference agreement 
     also adopts by reference the House report language regarding 
     the National Integrated Ballistics Information Network 
     (NIBIN).
       In addition to identical provisions that were included in 
     both the House and Senate bills, the conference agreement 
     includes provisions, modified from language proposed in the 
     House bill, authorizing the purchase of not to exceed 1,236 
     passenger motor vehicles, and designating $50,000,000 for 
     narrowband communications activities to be transferred to the 
     Department of Justice Wireless Management Office. The Senate 
     bill did not include provisions on these matters. The 
     conference agreement also includes language allowing up to 
     $45,000 to be used for official reception and representation 
     expenses as proposed in the House bill, instead of $65,000 as 
     proposed in the Senate bill, and contains statutory citations 
     under the Violent Crime Reduction Trust Fund proposed in the 
     House bill, which were not included in the Senate bill.
       The conference agreement does not include language proposed 
     in the Senate bill regarding the independent program office 
     dedicated to the automation of fingerprint identification 
     services, nor is language included limiting the total number 
     of positions and workyears available to the FBI in fiscal 
     year 2000. The House bill did not include similar provisions 
     on these matters. However, the conferees are concerned about 
     the continued variances between the FBI's funded and actual 
     staffing levels. Therefore, the conferees direct the FBI to 
     provide quarterly reports to the Committees on Appropriations 
     which delineate the funded and the actual agent and non-agent 
     staffing level for each decision unit, with the first report 
     to be provided no later than December 1, 1999.


                              construction

       The conference agreement includes $1,287,000 in direct 
     appropriations for construction for the Federal Bureau of 
     Investigation (FBI), as provided for in the House bill, 
     instead of $10,287,000 as proposed in the Senate bill. The 
     agreement includes the funding necessary to continue 
     necessary improvements and maintenance at the FBI Academy.

[[Page H12282]]

                    Drug Enforcement Administration


                         salaries and expenses

       The conference agreement includes $1,276,250,000 for the 
     Drug Enforcement Administration (DEA) Salaries and Expenses 
     account as proposed in the House bill, instead of 
     $1,217,646,000 as proposed in the Senate bill, of which 
     $343,250,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $344,250,000 as proposed in 
     the House bill, and $419,459,000 as proposed in the Senate 
     bill. In addition, $80,330,000 is derived from the Diversion 
     Control Fund for diversion control activities. This statement 
     of managers reflects the agreement of the conferees on how 
     the funds provided in the conference report are to be spent.
       Budget and Financial Management.--The conferees share the 
     concerns expressed in both the House and Senate reports 
     regarding DEA's budget and financial management practices, 
     including DEA's failure to comply with section 605 of the 
     appropriations Acts, resulting in resources being expended 
     in a manner inconsistent with the appropriations Acts. As 
     a result of these concerns, a comprehensive review was 
     conducted by the Department of Justice and DEA, and a 
     report was provided to the Committees on Appropriations on 
     July 8, 1999, which recommended a series of management 
     reforms to be implemented by DEA and included a revised 
     budget submission for fiscal year 2000. The conferees 
     expect DEA to expeditiously implement all management 
     reforms recommended in that report. Further, the 
     conference agreement has used the revised budget 
     submission as the basis for funding provided for fiscal 
     year 2000. The following table represents funding provided 
     under this account:

                        DEA SALARIES AND EXPENSES
                         [Dollars in thousands]
------------------------------------------------------------------------
                Activity                    Pos.       FTE      Amount
------------------------------------------------------------------------
Enforcement:
    Domestic enforcement................     2,195     2,134    $377,008
    Foreign cooperative investigation...       730       689     200,678
    Drug and chemical diversion.........       142       143      14,598
    State and local task forces.........     1,678     1,675     233,073
                                         -------------------------------
      Subtotal..........................     4,745     4,641     825,357
                                         ===============================
Investigative Support:
    Intelligence........................       883       900     106,133
    Laboratory services.................       381       378      42,833
    Training............................        99        98      19,861
    RETO................................       355       353     101,783
    ADP.................................       131       129      96,994
                                         -------------------------------
      Subtotal..........................     1,849     1,858     367,604
                                         ===============================
Management and administration...........       857       849      83,289
                                         ===============================
      Total, DEA........................     7,451     7,348   1,276,250
------------------------------------------------------------------------

       DEA is reminded that any deviation from the above 
     distribution is subject to the reprogramming requirements of 
     section 605 of this Act.
       The conference agreement provides a net increase of 
     $20,312,000 for pay and other inflationary costs to maintain 
     current operations, as follows: increases totaling 
     $50,220,000 for costs associated with annualization of 617 
     new positions provided in fiscal year 1999, the 2000 pay 
     raise, increased rent, and other inflationary increases; 
     offset by decreases totaling $29,908,000 for costs associated 
     with one-time and non-recurring equipment purchases and other 
     items provided for in fiscal year 1999, and a general 
     reduction in administrative overhead.
       In addition, the conference agreement includes program 
     increases totaling $41,925,000, as follows:
       Caribbean Initiative.--The conference agreement includes a 
     total of $5,500,000 (17 positions, including 11 agents) to 
     augment the Caribbean Initiative funded in fiscal years 1998 
     and 1999, as follows:
       --$1,900,000 within Domestic Enforcement for 17 positions 
     and 9 workyears for new agents and support in Puerto Rico;
       --$500,000 within Domestic Enforcement to address law 
     enforcement retention efforts in Puerto Rico, including the 
     development of a community liaison office and center to 
     provide assistance to Department of Justice employees and 
     their families;
       --$3,100,000 within Research, Engineering, Test and 
     Operations (RETO) to purchase four MWIR airborne thermal 
     imaging systems and eight installation kits for UH-60 
     aircraft to support multi-agency operations in the Bahamas 
     and North Caribbean. The conferees expect these aircraft to 
     be configured like the US Customs Service UH-60 counter-drug 
     aircraft to enhance interoperability.
       The conferees direct DEA to provide quarterly status 
     reports on the implementation of these initiatives. Further, 
     the conference agreement adopts by reference the House report 
     language regarding requirements related to the Caribbean.
       Source Country/International Strategy.--Within the amount 
     provided for Foreign Cooperative Investigations, the 
     conference agreement includes program increases totaling 
     $5,000,000 (19 positions, including 8 agents) to enhance 
     staffing in Central and South America, as follows:
       --$1,500,000 for 6 positions, including 2 agents, to 
     enhance staffing in Panama (3 positions, including 2 agents), 
     Nicaragua (1 position), and Belize (2 positions); and
       --$3,500,000 for 13 positions, including 6 agents, to 
     enhance staffing in Argentina (2 positions, including 1 
     agent), Brazil (3 positions, including 2 agents); Chile (2 
     positions, including 1 agent); Peru (2 positions); and 
     Venezuela (4 positions, including 2 agents).
       The conferees are aware of concerns expressed regarding the 
     adequacy of non-agent personnel in source countries, 
     resulting in agent resources being used to perform functions 
     more efficiently performed by non-agent personnel. Therefore, 
     the conference agreement has included additional non-agent 
     positions to address this problem. The conferees urge the DEA 
     to review the adequacy of non-agent personnel in source 
     countries to ensure that adequate support is provided. DEA is 
     expected to provide quarterly reports on investigative and 
     non-investigative workyears and funding, by type, within 
     source and transit countries, including the Caribbean, 
     delineated by country and function, with the first report to 
     be provided not later than November 15, 1999.
       Domestic Enhancements.--The conference agreement includes 
     program increases totaling $10,700,000 for domestic counter-
     drug activities, exclusive of the Caribbean Initiative. 
     Included are the following program increases:
       --$4,600,000 within Domestic Enforcement for 25 positions 
     (15 agents) and 13 workyears for Regional Enforcement Teams 
     (RETS), to provide a total of $17,400,000 for RETS in fiscal 
     year 2000. The conferees expect the additional personnel 
     and resources provided to be dedicated to locations in the 
     Western United States as determined by DEA, and to focus 
     primarily on the methamphetamine problem in that 
     geographic region;
       --$2,800,000 within State and Local Task Forces for 20 
     positions (12 agents) and 10 workyears for Mobile Enforcement 
     Teams (METS), to provide a total of $53,900,000 for METS in 
     fiscal year 2000. The conferees expect the additional 
     personnel and resources provided to be dedicated to locations 
     as determined by DEA, and to focus primarily on the problems 
     of black tar heroin and methamphetamines;
       --$1,500,000 within State and Local Task Forces for State 
     and local methamphetamine training, as recommended in the 
     Senate report;
       --$1,000,000 within Domestic Enforcement for Drug Demand 
     Reduction programs, as recommended in the House report;
       --$400,000 within Domestic Enforcement for black tar heroin 
     and methamphetamine enforcement along the Southwest border to 
     address this problem in cooperation with other Federal law 
     enforcement agencies, with particular emphasis on the illegal 
     drug trafficking problem in Northern New Mexico;
       --$400,000 within State and Local Task Forces for support 
     for methamphetamine enforcement in Iowa, as directed in the 
     Senate report.
       In addition, DEA is expected to comply with the direction 
     included in the House report regarding DEA's continued 
     participation in the HIDTA program, and support for DEA's 
     newly established office in Madisonville, Kentucky. DEA is 
     also expected to comply with the direction included in the 
     Senate report regarding Operation Pipeline.
       Investigative Support Requirements.--The conference 
     agreement includes $20,725,000 to address critical 
     infrastructure needs, as follows:
       --$7,725,000 within RETO to consolidate and enhance DEA's 
     electronic surveillance capabilities to support multi-agency, 
     multi-jurisdictional investigations;
       --$13,000,000 within ADP to accelerate the completion of 
     Phase II of FIREBIRD to December 2001. This amount will 
     provide a total of $44,890,000 in fiscal year 2000 for 
     FIREBIRD, of which $37,490,000 is to be for deployment only, 
     and $7,400,000 is for operations and maintenance (O&M) of the 
     system, the full amount requested in the budget. Should 
     additional funds be required for O&M, the Committees would be 
     willing to entertain a reprogramming in accordance with 
     section 605 of the Act. The conferees share the concerns 
     expressed in the House report regarding this program, and 
     direct DEA to provide a full program plan for completion of 
     Phase II of FIREBIRD, including deployment and O&M costs, to 
     the Committees on Appropriations not later than December 1, 
     1999, and to provide quarterly status reports thereafter on 
     deployment and O&M, delineated by location and function.
       Drug Diversion Control Fee Account.--The conference 
     agreement provides $80,330,000 for DEA's Drug Diversion 
     Control Program, including $3,260,000 in adjustments to base 
     and program increases, as requested. In addition, the Senate 
     report language regarding development of electronic reporting 
     and records systems is adopted by reference. The conference 
     agreement assumes that the level of balances in the Fee 
     Account are sufficient to fully support diversion control 
     programs in fiscal year 2000. As was the case in fiscal year 
     1999, no funds are provided in the DEA Salaries and Expenses 
     appropriation for this account in fiscal year 2000.


                              CONSTRUCTION

       The conference agreement includes $5,500,000 in direct 
     appropriations for construction for the Drug Enforcement 
     Administration (DEA) as proposed in the Senate bill, instead 
     of $8,000,000 as proposed in the House bill.

                 Immigration and Naturalization Service


                         SALARIES AND EXPENSES

       The conference agreement includes $2,909,665,000 for the 
     salaries and expenses of the Immigration and Naturalization 
     Service (INS), instead of $2,932,266,000 as provided in the 
     House bill, and $2,570,164,000 as provided in the Senate 
     bill, of which $1,267,225,000 is from the Violent Crime 
     Reduction Trust Fund, instead of $1,311,225,000 as proposed 
     in the House bill and $873,000,000 as proposed in

[[Page H12283]]

     the Senate bill. In addition to the amounts appropriated, the 
     conference agreement assumes that $1,269,597,000 will be 
     available from offsetting fee collections instead of 
     $1,285,475,000 as proposed by the House and $1,290,162,000 as 
     proposed by the Senate. Thus, including resources provided 
     under construction, the conference agreement provides a total 
     operating level of $4,260,416,000 for INS, instead of 
     $4,289,231,000 as proposed by the House and $3,999,290,000 as 
     proposed by the Senate. This statement of managers reflects 
     the agreement of the conferees on how the funds provided in 
     the conference report are to be spent.
       Base adjustments.--The conference agreement provides 
     $54,740,000 for base restoration, instead of the requested 
     $55,830,000, and provides $7,112,000 for the annualization of 
     the fiscal year 1999 pay raise, instead of the requested 
     $14,961,000, the remaining amount of which has already been 
     paid in the current fiscal year. Additionally, the conference 
     agreement includes $30,000,000 for the annualization of the 
     Working Capital Fund base transfer, $3,794,000 for the 
     National Archives records project, and $1,090,000 of the base 
     restoration for fiscal year 1999 adjustments to base which 
     are funded in the Examinations Fee account, since sufficient 
     funds are available. The conference agreement does not 
     include $11,240,000 for the Interagency Crime and Drug 
     Enforcement funds, which are provided in a separate account 
     or $20,000,000 for the annualization of border patrol agents 
     not hired. The conference agreement does not include the 
     transfers to the Examinations Fee account, H-1b account, or 
     the breached bond/detention account, as proposed by the 
     Senate report.
       INS Organization and Management.--The conference agreement 
     includes the concerns expressed in the House report that a 
     lack of resources is no longer an acceptable response to 
     INS's inability to adequately address its mission 
     responsibilities. The conference agreement includes the 
     establishment of clearer chains of command--one for 
     enforcement activities and one for service to non-citizens--
     as one step towards making the INS a more efficient, 
     accountable, and effective agency, as proposed in both the 
     House and Senate reports. Consistent with the concept of 
     separating immigration enforcement from service, the 
     conference agreement continues to provide for a separation of 
     funds, as in fiscal year 1999 and in the House bill. The 
     conference agreement includes the separation of funds into 
     two accounts, as requested and as proposed in the House bill: 
     Enforcement and Border Affairs, and Citizenship and Benefits, 
     Immigration Support and Program Direction. INS enforcement 
     funds are placed under the Enforcement and Border Affairs 
     account. All immigration-related benefits and naturalization, 
     support and program resources are placed under the 
     Citizenship and Benefits, Immigration Support and Program 
     Direction account. Neither account includes revenues 
     generated in various fee accounts to fund program activities 
     in both enforcement and functions, which are in addition to 
     the appropriated funds and are discussed below. Funds for INS 
     construction projects continue to fall within the INS 
     construction account.
       The conference agreement includes bill language which 
     provides authority for the Attorney General to transfer funds 
     from one account to another in order to ensure that funds are 
     properly aligned. Such transfers may occur notwithstanding 
     any transfer limitations imposed under this Act but such 
     transfers are still subject to the reprogramming requirements 
     under Section 605 of this Act. It is expected that any 
     request for transfer of funds will remain within the 
     activities under those headings.
       The conference agreement includes $1,107,429,000 for 
     Enforcement and Border Affairs, $535,011,000 for Citizenship 
     and Benefits, Immigration Support and Program Direction, and 
     $1,267,225,000 from the Violent Crime Reduction Trust Fund.
       The Enforcement and Border Affairs account is comprised of 
     the following amounts: $922,224,000 for existing base 
     activities for Border Patrol, Investigations, Detention and 
     Deportation, and Intelligence; less $11,240,000 for the 
     Interagency Crime and Drug Enforcement funds, which are 
     provided in a separate account, less $20,000,000 for the 
     annualization of border patrol agents not hired and less 
     $7,555,000 for part of the fiscal year 1999 annualized pay 
     raise, the remaining amount of which has already been paid 
     in the current fiscal year.
       The Citizenship and Benefits, Immigration Support and 
     Program Direction account includes $539,099,000 (plus VCRTF 
     funds) for the existing activities of citizenship and 
     benefits, immigration support, and management and 
     administration; less $294,000 of the annualized fiscal year 
     1999 pay raise which has already been paid within the current 
     year, and less $3,794,000 for archives and records, which are 
     now funded within the Examinations Fee account. The requested 
     $30,000,000 base restoration and the $1,090,000 base 
     restoration for fiscal year 1999 adjustments to base need not 
     be funded in the Salaries and Expenses base since sufficient 
     funds are available within the Examinations Fee account. None 
     of these amounts include offsetting fees, which are used to 
     fund both enforcement and service functions.
       Border Control.--The conference agreement includes 
     $50,000,000 for 1,000 new border patrol agents and 475 FTEs, 
     of which $1,500,000 is for border patrol recruitment devices, 
     such as language proficiency bonuses, recruitment bonuses, 
     and costs for improved recruitment outreach programs, 
     including the possibility of expanding testing capabilities 
     and other hiring steps, as described in the Senate report, 
     and the establishment of an Office of Border Patrol 
     Recruitment and Retention, as described in the Senate report, 
     including the submission of recommendations on pay and 
     benefits. Owing to INS's failure to hire 1,000 border patrol 
     agents in fiscal year 1999, INS may provide a recruiting 
     bonus to new agents hired after January 1, 2000. Should the 
     INS be unable to recruit the required agents by June 1, 2000, 
     the only other allowable purpose to which the $48,500,000 
     may be put is an increase in pay for non-supervisory 
     agents who have served at a GS-9 level for more than one 
     year. The Committees on Appropriations expect to be 
     notified prior to the use of funds for a pay raise.
       The conference report also includes $22,000,000 for 
     additional border patrol equipment and technology, to be 
     funded from existing base resources for information resource 
     management, as follows: $9,350,000 for infrared night vision 
     scopes; $6,375,000 for night vision goggles; $4,050,000 for 
     pocket scopes; and $2,225,000 for laser aiming modules and 
     infrared target pointers/illuminators. Additionally, the 
     conference agreement includes $3,000,000, funded from the 
     existing base for information resource management, for the 
     Law Enforcement Support Center, as described in the Senate 
     report.
       The conference agreement includes the following reports on 
     border-related activities and technologies: (1) hand-held 
     night-vision binocular report by March 1, 2000, as in the 
     House report; (2) night vision obligation report by December 
     15, 1999, as in the House report; (3) all-light, all-weather 
     ground surveillance capability report by March 1, 2000, as in 
     the House report; (4) border patrol hiring and spending plan 
     for fiscal year 1999 by September 15, 1999, as in the House 
     report; (5) report on the situation in the Tucson sector by 
     October 1, 1999, as in the House report; (6) fiscal year 1999 
     border patrol aviation final report; and (7) a feasibility 
     report on the participation of the Tucson sector in the 
     ambulance reimbursement program by January 15, 2000. All 
     overdue reports are still expected to be submitted to the 
     Committees. The conferees are aware of a recently filed 
     lawsuit against the INS and the Army Corps of Engineers 
     challenging the major drug interdiction effort known as 
     Operation Rio Grande and its impact on the environment. The 
     conferees are concerned about the potential adverse effects 
     that this suit may have on drug interdiction efforts. The 
     conferees, therefore, direct the Department of Justice, 
     within 30 days of enactment, to provide the House and Senate 
     Appropriations Committees with a report on the status of this 
     lawsuit.
       IAFIS/IDENT.--The conferees direct the Assistant Attorney 
     General for Administration to submit a plan by November 1, 
     1999, to integrate the INS IDENT and the FBI IAFIS systems. 
     This plan should address Congressional concerns that the 
     current environment does not provide other Federal, State and 
     local law enforcement agencies with access to fingerprint 
     identification information captured by INS Border Patrol 
     agents, nor does it provide the Border Patrol with the full 
     benefit of FBI criminal history records when searching 
     criminal histories of persons apprehended at the border.
       The conferees direct that the following studies be 
     undertaken: a system design effort; a joint INS-FBI 
     criminality study, involving a matching of IDENT recidivist 
     records against the Criminal Master File; a study to 
     determine the operational impact of 10-printing apprehended 
     illegal crossers at the border; and an engineering proposal 
     for the first phase to determine the validity of the systems 
     development costs that have been estimated by the FBI. These 
     studies will provide the data necessary to project accurate 
     costs for the remainder of the development and 
     implementation. The conferees expect that the Justice 
     Management Division will oversee the integration effort and 
     that all existing INS base funds for IDENT will be controlled 
     by the Assistant Attorney General for Administration. The 
     Assistant Attorney General for Administration shall submit 
     to the Committees a proposed spending plan on the use of 
     existing base funds available for IDENT for these studies 
     and other related expenditures no later than December 15, 
     1999.
       Deployment of border patrol resources.--The conference 
     agreement directs the INS to continue its consultation with 
     the Committees on Appropriations of both the House and Senate 
     before deployment of new border patrol agents included in 
     this conference agreement. In recognition of the increased 
     problems in and around El Centro, California; Tucson, 
     Arizona; the Southeastern states; and around the Northern 
     border, as described in both the House and Senate reports, 
     the conferees expect that the proposed deployment plan 
     submitted to the Committees by INS will include an 
     appropriate distribution to address these needs.
       Interior enforcement.--The conference agreement includes 
     $5,000,000 in additional funding within existing resources to 
     continue and to expand the local jail program pursuant to 
     Public Law 105-141. The conferees direct the INS to staff the 
     Anaheim City Jail portion of this program with trained INS 
     personnel on a full-time basis, especially the portions of 
     the day or night when the greatest number of individuals are 
     incarcerated prior to arraignment.

[[Page H12284]]

       The conference agreement includes the following reports: 
     (1) by January 15, 2000, a report on possible new quick 
     response teams (QRTs), as described in the House report; (2) 
     by November 30, 1999, the revised interior enforcement plan, 
     as described in the House report; and (3) by January 15, 
     2000, the local jail program status report, as described in 
     the House report.
       Detention.--The conference agreement provides $200,000,000 
     for additional detention space for detaining criminal and 
     illegal aliens, as described in the House report, of which 
     $174,000,000 is in direct appropriations and $26,000,000 is 
     from recoveries from the Violent Crime Reduction Trust Fund 
     for fiscal year 1995. This amount is $30,000,000 less than 
     the budget request and is funded from direct appropriations 
     instead of the requested combination of appropriated funds, 
     reinstatement of Section 245(i), transfer of funds from the 
     Crime Victims Fund and a reallocation of funds within the 
     account. The conference agreement continues funding for the 
     $80,000,000 for detention provided in fiscal year 1999 
     supplemental appropriations and provides an additional 1,216 
     new beds for a total of approximately 18,535 detention beds 
     in fiscal year 2000, and provides 176 additional detention 
     and deportation staff to support these beds and $4,000,000 
     and 10 positions to begin implementation of standards at 
     detention facilities.
       The conference agreement includes the concerns raised in 
     the House report about the INS's ability to plan for, request 
     in a timely fashion, and manage sufficient detention space. 
     Accordingly, the conference agreement includes the following 
     reports: (1) by September 1, 1999, recommendations by the 
     Attorney General on a Department-wide strategy on detention, 
     as described in the House report; (2) by January 15, 2000, a 
     detailed assessment of INS's current and projected detention 
     needs for the next 3 years, as described in both the House 
     and Senate reports, and including possible supplemental 
     detention locations such as Etowah County Detention Center 
     near Atlanta and Tallahatchie County prison in Tutwiler, a 
     hiring plan for the additional detention and deportation 
     personnel, and a proposal for the expansion of the number of 
     juvenile detention beds; (3) by December 1, 1999, a report on 
     the detention needs and costs associated with Operation 
     Vanguard, as described in the House report; and (4) by March 
     1, 2000, a feasibility study and implementation plan for 
     utilizing the Justice Prisoner and Alien Transportation 
     System for a greater number of deportations. All overdue 
     reports are still expected to be submitted to the Committees.
       Naturalization.--The conference agreement includes full 
     funding to continue the fiscal year 1999 Backlog Reduction 
     Action Teams (BRAT) and accompanying resources during fiscal 
     year 2000. The conference agreement includes the concerns 
     raised in the House report about recently-discovered 
     naturalization cases processed during the Citizenship USA 
     initiative and requests a report on these cases by March 1, 
     2000, as described in the House report.
       Institutional Removal Program.--The conferees assume that, 
     in the implementation of the Institutional Removal Program 
     (IRP), priority is given to violent offenders and those 
     arrested for drug violations. The conferees direct the INS, 
     in consultation with the Executive Office of Immigration 
     Review, to report to the Committees on Appropriations on IRP 
     caseload, by case type, for fiscal years 1997-1999. If the 
     IRP caseload does not give priority to aliens imprisoned for 
     serious violent felonies or drug trafficking, the INS is 
     directed to explain why and to outline the steps it will take 
     to focus IRP efforts on the most dangerous incarcerated 
     aliens. The report shall be delivered not later than March 
     31, 2000.
       Other.--In spite of the direction in the fiscal year 1999 
     supplemental appropriations Act to promptly submit all 
     previously requested and overdue reports, the INS has failed 
     to do so. Therefore, the conference agreement again includes 
     the direction to INS to submit all outstanding reports to the 
     Committees no later than November 1, 1999. The conference 
     agreement also includes the following items: (1) Senate 
     report language on special agent deployments aimed at 
     forcing the INS to execute directives contained in both 
     the fiscal year 1999 INS deployment plan and the 
     conference report; (2) Senate direction to INS on 
     assessment of staffing along the U.S.-Canadian border; and 
     (3) Senate direction for INS-proposed periodic visits to 
     the upper Shenandoah Valley.


                       OFFSETTING FEE COLLECTIONS

       The conference agreement assumes $1,269,597,000 will be 
     available from offsetting fee collections, instead of 
     $1,285,475,000 as proposed by the House and $1,290,162,000 as 
     proposed by the Senate, to support activities related to the 
     legal admission of persons into the United States. These 
     activities are entirely funded by fees paid by persons who 
     are either traveling internationally or are applying for 
     immigration benefits. The following levels are recommended:
       Immigration Examinations Fees.--The conference agreement 
     assumes $708,500,000 of spending from Immigration 
     Examinations Fee account resources, instead of $712,800,000 
     as proposed by both the House and Senate. This is an increase 
     of $19,921,000 over fiscal year 1999 and is due to an 
     increase in the estimate of the number of applications that 
     will be received in fiscal year 2000. The conference 
     agreement assumes that the requested $3,794,000 for archives 
     and records, the requested $30,000,000 for base restoration, 
     and the requested $1,090,000 base for fiscal year 1999 
     adjustments to base are funded in this account, and not in 
     the Salaries and Expenses, Citizenship and Benefits, 
     Immigration Support and Program Direction account, since 
     sufficient funds are available.
       The conference agreement includes full funding to continue 
     the fiscal year 1999 Backlog Reduction Action Teams (BRAT) 
     and accompanying resources for fiscal year 2000. The 
     agreement also continues funding for the implementation of a 
     telephone customer service center to assist applicants for 
     immigration benefits, for the indexing and conversion of INS 
     microfilm images and for the records centralization 
     initiative, and all projects which were funded in fiscal year 
     1999. The conferees have a strong interest in and supported 
     in fiscal year 1999 the INS effort to modernize its records 
     program, that is fundamental to improved services and 
     enforcement activities. INS is therefore directed to fully 
     fund the records centralization and redesign activities in 
     Harrisonburg, VA and Lee Summit, MO and provide a progress 
     report on records centralization to the Committee on 
     Appropriations no later than January 15, 2000.
       The agreement does not include the transfer to the 
     Executive Office for Immigration Review, as proposed by the 
     Senate report.
       Inspections User Fee.--The conference agreement includes 
     $446,151,000 of spending from offsetting collections in this 
     account, the same amount proposed in both the House and 
     Senate reports, and does not assume the addition of any new 
     or increased fees on airline or cruise ship passengers. The 
     recommendation does not include $9,918,000 for ``re-
     evaluation of receipts'' nor $888,000 for a portion of the 
     annualization of 1999 pay raise which has already been paid 
     in the current fiscal year. The agreement includes the data 
     collection pilot program at J.F. Kennedy airport, as 
     described in the House report, and the resulting report, to 
     be submitted to the Committees no later than August 1, 2000, 
     as well as the directive to submit certain documents by 
     September 31, 1999, as described in the House report. The 
     agreement does not include the transfer from the inspections 
     user fee, as proposed in the Senate report.
       Land border inspections fees.--The conference agreement 
     includes $1,548,000 in spending from the Land Border 
     Inspection Fund, a decrease of $1,727,000 under the current 
     year due to lower projected receipts. The current revenues 
     generated in this account are from Dedicated Commuter Lanes 
     in Blaine and Port Roberts, Washington, Detroit Tunnel and 
     Ambassador Bridge, Michigan, and Otay Mesa, California and 
     from Automated Permit Ports that provide pre-screened local 
     border residents' border crossing privileges by means of 
     automated inspections. The conference agreement includes the 
     report on the feasibility of adding a secure electronic 
     network for travelers rapid inspection program for dedicated 
     commuter lanes at San Luis, Arizona by March 1, 2000, as 
     described in the House report.
       Immigration Breached Bond/Detention account.--The 
     conference agreement includes $110,423,000 in spending from 
     the Breached Bond/Detention account, instead of $117,501,000 
     in the House report and $127,771,000 in the Senate report, a 
     decrease in $66,527,000 from fiscal year 1999 due to a 
     decrease in revenue and $6,477,000 below the request. The 
     level of spending assumed in the conference agreement is 
     based on estimated revenues in this account totaling 
     $55,683,000, which includes revenue projected for fiscal year 
     1999 and assumes the availability of funds from penalty fees 
     from applications under 245(i) of the Immigration and 
     Nationality Act, which expired on January 14, 1998. The 
     conference agreement assumes $54,740,000 of expenses for 
     alien detention costs provided under the salaries and 
     expenses account for base restoration. The agreement does not 
     include the base transfer to the breached bond/detention 
     account, as proposed by the Senate report.
       Immigration Enforcement Fines.--The conference agreement 
     includes $1,850,000 in spending from Immigration Enforcement 
     fines, instead of $1,303,000 assumed in both the House and 
     Senate. The increase is due to new projections of carryover 
     from fiscal year 1999 that will be available in fiscal year 
     2000.
       H-1B fees.--The conference agreement includes $1,125,000 in 
     spending from the new H-1B fee account, the amount requested 
     and the amount proposed in both the House and Senate. This 
     new account supports the processing of applications for H-1B 
     temporary workers. The agreement does not include the 
     transfer to this account, as proposed by the Senate report.
       Other.--The conference agreement includes bill language, 
     similar to that included in previous appropriations Acts, 
     which provides: (1) up to $50,000 to meet unforeseen 
     emergencies of a confidential nature; (2) for the purchase of 
     motor vehicles for police-type use and for uniforms, without 
     regard to general purchase price limitations; (3) for the 
     acquisition and operation of aircraft; (4) for research 
     related to enforcement of which up to $400,000 is 
     available until expended; (5) up to $10,000,000 for basic 
     officer training; (6) up to $5,000,000 for payments to 
     State and local law enforcement agencies engaged in 
     cooperative activities related to immigration; (7) up to 
     $5,000 to be used for official reception and 
     representation expenses; (8) up to $30,000 to be paid to 
     individual employees for overtime; (9) that funds in this 
     Act or any other Act may not be used for the continued 
     operation of the San Clemente and

[[Page H12285]]

     Temecula checkpoints unless the checkpoints are open and 
     traffic is being checked on a continuous 24-hour basis; 
     (10) a specific level of funding for the Offices of 
     Legislative and Public Affairs with a modification, and 
     incorporating by reference House direction including that 
     the level is not to affect the number of employees 
     dedicated to casework; (11) a limit on the amount of 
     funding available for non-career positions; (12) direction 
     and authorization to the Attorney General to impose 
     disciplinary actions, including termination of employment, 
     for any INS employee who violates Department policies and 
     procedures relative to granting citizenship or who 
     willfully deceives the Congress or Department leadership 
     on any matter; and (13) separate headings for Enforcement 
     and Border Affairs and Citizenship and Benefits, 
     Immigration Support, and Program Direction. In addition, 
     new bill language is included designating a portion of 
     funds to be used for narrowband conversion activities and 
     transfers these funds to the Department of Justice 
     Wireless Management Office. The agreement does not include 
     the Senate provisions on fee payments by cash or cashier's 
     checks or the cap on the number of positions.


                              CONSTRUCTION

       The conference agreement includes $99,664,000 for 
     construction for INS, instead of $90,000,000 as proposed in 
     the House bill and $138,964,000 as proposed in the Senate 
     bill. The conference agreement assumes funding of 
     $51,468,000, of which $35,968,000 is for border patrol and 
     ports of entry new construction (seven stations or sector 
     headquarters and two ports of entry housing) as proposed in 
     the Senate report; $6,500,000 for the Douglas, Arizona border 
     patrol station; and $9,000,000 for maintenance and 
     renovations to the Charleston Border Patrol Academy. The 
     agreement includes $2,340,000 for planning, site acquisition 
     and design of 5 border patrol stations and Texas checkpoints, 
     as in the House report; $6,000,000 for military engineering 
     support to border construction, pursuant to both House and 
     Senate reports; $500,000 for planning, site acquisition and 
     design, pursuant to the House report; $10,308,000 for one-
     time build out costs; $19,250,000 for servicewide maintenance 
     and repair; $4,000,000 for servicewide fuel storage tank 
     upgrade and repair; and $5,798,000 for program execution. The 
     conference agreement also includes bill language, included in 
     fiscal year 1999 and in the House bill, prohibiting site, 
     acquisition, design, or construction of any border patrol 
     checkpoint in the Tucson sector.

                         Federal Prison System


                         SALARIES AND EXPENSES

       The conference agreement includes $3,111,634,000 for the 
     salaries and expenses of the Federal Prison System, instead 
     of $3,072,528,000 as proposed in the House bill and 
     $3,163,373,000 as proposed in the Senate bill. Of this 
     amount, the conference agreement provides $22,524,000 from 
     the Violent Crime Reduction Trust Fund (VCRTF), as proposed 
     in the House bill, instead of $46,599,000 as proposed in the 
     Senate bill. The agreement assumes that, in addition to the 
     amounts appropriated, $90,000,000 will be available for 
     necessary operations in fiscal year 2001 from unobligated 
     carryover balances as proposed by the House bill, instead of 
     $50,000,000, to be made available for one fiscal year for 
     activation of new facilities, as proposed by the Senate bill.
       The conference agreement reduces the appropriation required 
     for the Federal prison system by $46,793,000 without 
     affecting requested program levels. Specifically, $31,808,000 
     in savings is achieved as a result of delays in scheduled 
     activations and $4,985,000 is due to a reduction in the 
     number of contract beds for the transfer of detainees from 
     the Immigration and Naturalization Service required in fiscal 
     year 2000. The conference agreement includes the notation on 
     a recent report by the General Accounting Office, as in 
     the House report.
       The conference agreement includes bill language designating 
     a portion of funds to be used for narrowband conversion 
     activities and tranfers these funds to the Department of 
     Justice Wireless Management Office.


                        BUILDINGS AND FACILITIES

       The conference agreement includes $556,791,000 for 
     construction, modernization, maintenance and repair of prison 
     and detention facilities housing Federal prisoners, as 
     proposed in the House bill, instead of $549,791,000 as 
     proposed in the Senate bill, and assumes funding in 
     accordance with the House bill.
       The conferees direct the Bureau of Prisons to submit to the 
     Committees a study of the feasibility of constructing 
     additional medium or high security prisons or work camps at 
     existing Federal prison sites, including those currently 
     being constructed, and including Yazoo City, by May 1, 2000.

                Federal Prison Industries, Incorporated


                (LIMITATION ON ADMINISTRATIVE EXPENSES)

       The conference agreement includes a limitation on 
     administrative expenses of $3,429,000, as requested and as 
     proposed in the Senate bill, instead of $2,490,000 as 
     proposed in the House bill.

                       Office of Justice Programs


                           JUSTICE ASSISTANCE

       The conference agreement includes $307,611,000 for Justice 
     Assistance, instead of $217,436,000 as proposed in the House 
     bill, and $373,092,000 as proposed in the Senate bill.
       The conference agreement includes the following:


                      Justice Assistance Programs

                       (In thousands of dollars)

National Institute of Justice...................................$43,448
  Defense/Law Enforcement Technology Transfer..................(10,277)
  DNA Technology R&D Program....................................(5,000)
Bureau of Justice Statistics.....................................25,505
Missing Children.................................................19,952
Regional Information Sharing System \1\..........................20,000
National White Collar Crime Center................................9,250
Management and Administration \2\................................37,456
                                                             __________
                                                             
    Subtotal....................................................155,611
                                                               ==========
_______________________________________________________________________

Counterterrorism Programs:
  General Equipment Grants.......................................75,000
  State and Local Bomb Technician Equipment Grants...............10,000
  Training Grants................................................37,000
  Counterterrorism Research and Development......................30,000
                                                             __________
                                                             
    Subtotal....................................................152,000
                                                               ==========
_______________________________________________________________________

    Total, Justice Assistance...................................307,611

\1\ $5,000,000 included in COPS Technology, for a total of $25,000,000.
\2\ $2,000,000 is included in the total Management and Administration 
amount for Counterterrorism programs.

       This statement of managers reflects the agreement of the 
     conferees on how funds provided for all programs under the 
     Office of Justice Programs in this conference report are to 
     be spent.
       National Institute of Justice (NIJ).--The conference 
     agreement provides $43,448,000 for the National Institute of 
     Justice, instead of $42,438,000 as proposed in the House bill 
     and $50,948,000 in the Senate bill. Additionally, $5,200,000 
     for NIJ research and evaluation on the causes and impact of 
     domestic violence is provided under the Violence Against 
     Women Grants program; $15,000,000 is provided from within 
     technology funding in the State and Local Law Enforcement 
     account to be available to NIJ to develop new, more effective 
     safety technologies for safe schools; and $20,000,000 is 
     provided to NIJ, as was provided in previous fiscal years, 
     from the Local Law Enforcement Block Grant for assisting 
     local units to identify, select, develop, modernize and 
     purchase new technologies for use by law enforcement.
       The conference agreement adopts the recommendation in the 
     House and Senate reports that within the overall amount 
     provided to NIJ, the Office of Justice Programs is expected 
     to review proposals, provide a grant if warranted, and report 
     to the Committees on its intentions regarding: a grant for 
     the current year level for information technology 
     applications for High Intensity Drug Trafficking Areas; a 
     grant for the current year level for a pilot program with a 
     Department of Criminal Justice Training and a College of 
     Criminal Justice for rural law enforcement needs, as 
     described in the House report; a grant for $300,000 to the 
     U.S.-Mexico Border Counties Coalition for the development of 
     a uniform accounting proposal to determine the costs to 
     border States for the processing of criminal illegal aliens; 
     a grant for $250,000 to study the casework increase on U.S. 
     District Courts; $360,000 to the Center for Child and Family 
     studies to conduct research into intra-family violence; a 
     grant for $750,000 for the University of Connecticut Prison 
     Health Center for prison health research; a grant for 
     $1,000,000 for the University of Mississippi School of 
     Psychiatry for research in addictive disorders and their 
     connection to youth violence; and a grant for $300,000 for 
     research into a non-toxic drug detection and identification 
     aerosol technology, as described in the Senate report. Within 
     available funds NIJ is directed to carry out a broad-based 
     demonstration of computerized live scan fingerprint capture 
     services and report to the Committees with the results.
       Defense/Law Enforcement Technology Transfer.--Within the 
     total amount provided to NIJ, the conference agreement 
     includes $10,277,000 to assist NIJ, in conjunction with the 
     Department of Defense, to convert non-lethal defense 
     technology to law enforcement use. Within the amount is the 
     continuation at the current year level of the law enforcement 
     technology center network, which provides States with 
     information on new equipment and technologies, as well as 
     assists law enforcement agencies in locating high cost/low 
     use equipment for use on a temporary or emergency basis, of 
     which the current year level is provided for the technology 
     commercialization initiative at the National Technology 
     Transfer Center and other law enforcement technology centers.
       DNA Technology Research and Development Program.--Within 
     the amount provided, the conference agreement includes 
     $5,000,000 to develop improved DNA testing capabilities, as 
     proposed in the House and Senate reports.
       Bureau of Justice Statistics (BJS).--The conference 
     agreement provides $25,505,000 for the Bureau of Justice 
     Statistics, instead of $22,124,000 as proposed in the House 
     bill and $28,886,000 as proposed in the Senate bill. The 
     recommendation includes $400,000 to support the National 
     Victims of Crime survey and $400,000 to compile statistics on 
     victims of crime with disabilities. The conferees direct BJS 
     to implement a voluntary annual reporting system of all 
     deaths occurring in law enforcement custody, and provide a 
     report to

[[Page H12286]]

     the Committees on its progress no later than July 1, 2000, as 
     provided in the House report.
       Missing Children.--The conference agreement provides 
     $19,952,000 for the Missing Children Program as proposed in 
     the Senate bill, instead of the $17,168,000 as proposed in 
     the House bill. The conference agreement provides a 
     significant increase and further expands the Missing Children 
     initiative included in the 1999 conference report, to combat 
     crimes against children, particularly kidnapping and sexual 
     exploitation. Within the amounts provided, the conference 
     agreement assumes funding in accordance with the Senate 
     report including:
       (1) $8,798,000 for the Missing Children Program within the 
     Office of Justice Programs, Justice Assistance, including the 
     following: $6,000,000 for State and local law enforcement to 
     continue specialized cyberunits and to form new units to 
     investigate and prevent child sexual exploitation which are 
     based on the protocols for conducting investigations 
     involving the Internet and online service providers that have 
     been established by the Department of Justice and the 
     National Center for Missing and Exploited Children.
       (2) $9,654,000 for the National Center for Missing and 
     Exploited Children, of which $2,125,000 is provided to 
     operate the Cyber Tip Line and to conduct Cyberspace 
     training. The conferees expect the National Center for 
     Missing and Exploited Children to continue to consult with 
     participating law enforcement agencies to ensure the 
     curriculum, training, and programs provided with this 
     additional funding are consistent with the protocols for 
     conducting investigations involving the Internet and 
     online service providers that have been established by the 
     Department of Justice. The conferees have included 
     additional funding for the expansion of the Cyber Tip 
     Line. The conference agreement includes $50,000 to 
     duplicate the America OnLine law enforcement training tape 
     and disseminate it to law enforcement training academies 
     and police departments within the United States. The 
     conference agreement also includes additional funds for 
     case management.
       (3) $1,500,000 for the Jimmy Ryce Law Enforcement Training 
     Center for training of State and local law enforcement 
     officials investigating missing and exploited children cases. 
     The conference agreement includes an increase for expansion 
     of the Center to train additional law enforcement officers. 
     The conferees direct the Center to create courses for judges 
     and prosecutors to improve the handling of child pornography 
     cases. To accomplish this effort, the conference agreement 
     directs the Center to expand its in-house legal division so 
     that it can provide increased legal technical assistance.
       Regional Information Sharing System (RISS).--The conference 
     agreement includes $20,000,000 as proposed in both the House 
     and Senate bills. An additional $5,000,000 is provided for 
     fiscal year 2000 under the Community Oriented Policing 
     Services (COPS) law enforcement technology program in 
     accordance with the House report.
       White Collar Crime Center.--The conference agreement 
     includes $9,250,000 for the National White Collar Crime 
     Center (NWCCC), to assist the Center in forming partnerships 
     and working on model projects with the private sector to 
     address economic crimes issues, as proposed in the House 
     bill, instead of $5,350,000 as proposed in the Senate bill. 
     The additional funding is to be used in accordance with the 
     House report.
       Counterterrorism Assistance.--The conference agreement 
     includes a total of $152,000,000 to continue the initiative 
     to prepare, equip, and train State and local entities to 
     respond to incidents of chemical, biological, radiological, 
     and other types of domestic terrorism, instead of $74,000,000 
     as proposed in the House bill and $204,500,000 as proposed in 
     the Senate bill. Funding is provided as follows:
       --Equipment Grants.--$75,000,000 is provided for general 
     equipment grants for State and local first responders, 
     including, but not limited to, firefighters and emergency 
     services personnel. The conferees reiterate that these 
     resources are to be used to meet the needs of the maximum 
     number of communities possible, based upon a comprehensive 
     needs assessment which takes into account the relative risk 
     to a community, as well as the availability of other Federal, 
     State and local resources to address this problem. The 
     conferees understand that such needs and risk assessments are 
     currently being conducted by each State, and State-wide plans 
     are being developed. The conferees intend, and expect, that 
     such plans will address the needs of local communities. The 
     conferees expect these plans to be reviewed by the 
     interagency National Domestic Preparedness Office (NDPO). The 
     conferees direct that funds provided for general grants in 
     fiscal year 2000 be expended only upon completion of, and in 
     accordance with, such State-wide plans.
       --State and Local Bomb Technician Equipment.--$10,000,000 
     is provided for equipment grants for State and local bomb 
     technicians. This amount, when combined with $3,000,000 in 
     prior year carryover, will provide a total of $13,000,000 for 
     this purpose in fiscal year 2000. The conferees note that 
     State and local bomb technicians play an integral role in any 
     response to a terrorist threat or incident, and as such 
     should be integrated into a State's counterterrorism plan. 
     The conferees request that the NDPO conduct an assessment of 
     the assistance currently provided to State and local bomb 
     technicians under this and other programs, the relationship 
     of this program to other State and local first responders 
     assistance programs, and the extent to which State and local 
     bomb technician equipment needs have been integrated into, 
     and addressed, as part of a State's overall counterterrorism 
     plan. The NDPO should provide a report on its assessment to 
     the Committees on Appropriations no later than February 1, 
     2000.
       --Training.--$37,000,000 is provided for training programs 
     for State and local first responders, to be distributed as 
     follows:
       (1) $27,000,000 is for the National Domestic Preparedness 
     Consortium, of which $13,000,000 is for the Center for 
     Domestic Preparedness at Ft. McClellan, Alabama, including 
     $500,000 for management and administration of the Center; and 
     $14,000,000 is to be equally divided among the four other 
     Consortium members;
       (2) $8,000,000 is for additional training programs to 
     address emerging training needs not provided for by the 
     Consortium or elsewhere. In distributing these funds, the 
     conferees expect OJP to consider the needs of firefighters 
     and emergency services personnel, and State and local law 
     enforcement, as well as the need for State and local 
     antiterrorism training and equipment sustainment training. 
     The conferees encourage OJP to consider developing and 
     strengthening its partnerships with the Department of Defense 
     to provide training and technical assistance, such as those 
     services offered by U.S. Army Dugway Proving Ground and the 
     U.S. Army Pine Bluff Arsenal; and
       (3) $2,000,000 is provided for distance learning training 
     programs at the National Terrorism Preparedness Institute at 
     the Southeastern Public Safety Institute to train 11,000 
     students, particularly in medium and small communities, 
     through advanced distributive learning technology and other 
     mechanisms.
       The conferees are aware that the Department of Justice has 
     recently agreed to assume control of the Ft. McClellan 
     facility from the Department of Defense in fiscal year 2000. 
     In addition, the conferees are aware that discussions are 
     occurring which could result in the transfer of ownership of 
     the entire facility from the Department of Defense to the 
     Department of Justice. Such actions will result in the 
     Department of Justice assuming a significant additional 
     financial burden to operate and maintain the facility which 
     previously was not anticipated, and may impact OJP's ability 
     to provide support for all training programs. While the 
     conferees recognize the importance of the training provided 
     at Ft. McClellan, a comprehensive assessment of DOJ's needs 
     at the facility is warranted to ensure that such needs are 
     met in the most cost-effective manner possible. The Attorney 
     General is directed to conduct this assessment and provide a 
     report to the Committees on Appropriations no later than 
     February 1, 2000. Further, the Department is directed not to 
     pursue or assume any other relationships which may result in 
     the Department of Justice assuming facilities management 
     responsibility or ownership of any other training facility, 
     without prior consultation with the Committees.
       The Senate report language regarding utilization of 
     Consortium members is adopted by reference. In addition, the 
     conferees encourage OJP to collaborate with the National 
     Guard to make use of the National Guard Distance Learning 
     Network to deliver training programs, thereby capitalizing on 
     investments made by the Department of Defense to provide low 
     cost training to first responders.
       Counterterrorism Research and Development.--The conference 
     agreement provides $30,000,000 to the National Institute of 
     Justice for research into the social and political causes and 
     effects of terrorism and development of technologies to 
     counter biological, nuclear and chemical weapons of mass 
     destruction, as well as cyberterrorism through our automated 
     information systems. These funds shall be equally divided 
     between the Oklahoma City Memorial Institute for the 
     Prevention of Terrorism and the Dartmouth Institute for 
     Security Studies, and shall be administered by NIJ to ensure 
     collaboration and coordination among the two institutes and 
     NIJ, as well as with the National Domestic Preparedness 
     Office and the Office of State and Local Domestic 
     Preparedness Support. These institutes will also serve as 
     national points of contact for antiterrorism information 
     sharing among Federal, State and local preparedness agencies, 
     as well as private and public organizations dealing with 
     these issues. The conferees agree that such a collaborative 
     approach is essential to production of a national research 
     and technology development agenda and expect a status report 
     by July 30, 2000.
       The conference agreement includes language providing 
     funding for counterterrorism programs in accordance with 
     sections 819, 821, and 822 of the Antiterrorism and Effective 
     Death Penalty Act of 1996, as proposed in the House bill. The 
     conference agreement does not include language, proposed in 
     the Senate bill, prohibiting the Bureau of Justice Assistance 
     from providing funding to States that have failed to 
     establish a comprehensive terrorism plan. The House bill did 
     not include a similar provision.
       Management and Administration.--The conference agreement 
     includes $37,456,000 for Management and Administration, 
     instead of $31,456,000 as proposed in the House, and 
     $43,456,000 as proposed in the Senate. Within the amount, 
     $2,000,000 is provided for

[[Page H12287]]

     Counterterrorism program activities. In addition, 
     reimbursable funding from Violent Crime Reduction Trust Fund 
     programs, Community Oriented Policing Services, and a 
     transfer from the Juvenile Justice account will be provided 
     for the administration of grants under these activities. 
     Total funding for the administration of grants assumed in the 
     conference agreement is as follows:

------------------------------------------------------------------------
                                                       Amount       FTE
------------------------------------------------------------------------
Direct appropriations............................    $37,456,000    338
    (Counterterrorism programs)..................     (2,000,000)   (16)
Transfer from Juvenile Justice programs..........      6,647,000     87
Reimbursement from VCRTF.........................     56,288,000    434
Reimbursement from COPS..........................      4,700,000     39
                                                  ----------------------
      Total......................................   $105,091,000    898
------------------------------------------------------------------------

       The conferees commend OJP's restructuring report, submitted 
     to the Committees during fiscal year 1999, and support the 
     current comprehensive review undertaken by the authorizing 
     committees. To further the goals of eliminating possible 
     duplication and overlap among OJP's programs, improving 
     responsiveness to State and local needs, and ensuring that 
     appropriated funds are targeted in a planned, comprehensive 
     and well-coordinated way, the conferees direct the Assistant 
     Attorney General for OJP to submit a formal reorganization 
     proposal no later than February 1, 2000, on the following 
     limited items: the creation of a ``one-stop'' information 
     center; the establishment of ``state desks'' for 
     geographically-based grant administration; and the 
     administration of grants by subject area.
       The conference agreement includes $2,000,000 for management 
     and administration of Department of Justice counterterrorism 
     programs. The conferees understand that the Department of 
     Justice has submitted a reprogramming to establish an Office 
     of State and Local Domestic Preparedness to administer these 
     programs. The conferees have no objection to the 
     establishment of this office.
       The conference agreement does not include additional 
     funding proposed in the Senate bill to enable the Department 
     of Justice to begin to assume responsibility for 
     counterterrorism assistance programs currently funded and 
     administered by the Department of Defense. Such action could 
     significantly impact ongoing Department of Justice programs, 
     and absent careful consideration and study, may result in the 
     duplication and inefficient use of limited resources to meet 
     the needs of State and local first responders. Therefore, the 
     conferees direct the Department of Justice, working through 
     the National Domestic Preparedness Office, to review this 
     matter and provide to the Committees on Appropriations no 
     later than December 15, 1999, a comprehensive plan for the 
     transition and integration of Department of Defense programs 
     into ongoing Department of Justice and other Federal agency 
     programs in the most efficient and cost-effective manner. The 
     conferees expect the Department not to take any further 
     actions to assume responsibility for these programs until 
     such a review has been completed, and the Committees on 
     Appropriations have been consulted. Upon completion of these 
     actions, should additional funding be required by OJP, the 
     Committees would be willing to entertain a reprogramming in 
     accordance with section 605 of this Act.


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       The conference agreement includes a total of $2,828,950,000 
     for State and Local Law Enforcement Assistance, instead 
     of $2,822,950,000 as proposed in the House bill and 
     $1,959,550,000 as proposed in the Senate bill. Of this 
     amount, the conference agreement provides that 
     $1,194,450,000 shall be derived from the Violent Crime 
     Reduction Trust Fund (VCRTF), instead of $1,193,450,000 as 
     proposed in the House bill and $1,407,450,000 as proposed 
     in the Senate bill.
       The conference agreement provides for the following 
     programs from direct appropriations and the VCRTF:

Direct Appropriation:
  Local Law Enforcement Block Grant........................$523,000,000
    Boys and Girls Clubs...................................(50,000,000)
    Law Enforcement Technology.............................(20,000,000)
  State Prison Grants.......................................686,500,000
    Cooperative Agreement Program..........................(25,000,000)
    Indian Country.........................................(34,000,000)
    Alien Incarceration...................................(165,000,000)
  State Criminal Alien Assistance Program...................420,000,000
  Indian Tribal Courts Program................................5,000,000
                                                       ________________
                                                       
    Total, Direct Appropriations..........................1,634,500,000
                                                       ================

Violent Crime Reduction Trust Fund:
  Byrne Discretionary Grants.................................52,000,000
  Byrne Formula Grants......................................500,000,000
  Drug Courts................................................40,000,000
  Juvenile Crime Block Grant................................250,000,000
  Violence Against Women Act Programs.......................283,750,000
  State Prison Drug Treatment................................63,000,000
  Missing Alzheimer's Patients Program..........................900,000
  Law Enforcement Family Support Programs.....................1,500,000
  Motor Vehicle Theft Prevention..............................1,300,000
  Senior Citizens Against Marketing Scams.....................2,000,000
                                                       ================

    Total, Violent Crime Reduction Trust Fund.............1,194,450,000

       Local Law Enforcement Block Grant.--The conference 
     agreement includes $523,000,000 for the Local Law Enforcement 
     Block Grant program, as proposed in the House bill, instead 
     of $400,000,000, as proposed in the Senate bill, in order to 
     continue the commitment to provide local governments with the 
     resources and flexibility to address specific crime problems 
     in their communities with their own solutions. Within the 
     amount provided the conference agreement includes language 
     providing $50,000,000 of these funds to the Boys and Girls 
     Clubs of America, with the increase to be used as described 
     by the Senate. In addition, the conference agreement extends 
     the set aside for law enforcement technology for which an 
     authorization had expired, as proposed in both the House and 
     Senate bills.
       State Prison Grants.--The conference agreement includes 
     $686,500,000 for State Prison Grants as proposed by the 
     House, instead of $75,000,000 as proposed by the Senate. Of 
     the amount provided, $462,500,000 is available to States to 
     build and expand prisons, $165,000,000 is available to States 
     for reimbursement of the cost of criminal aliens, $25,000,000 
     is available for the Cooperative Agreement Program, and 
     $34,000,000 is available for construction of jails on Indian 
     reservations, which does not include repair and maintenance 
     costs for existing facilities. There is an awareness of the 
     special needs of Circle of Nations, ND.
       State Criminal Alien Assistance Program.--The conference 
     agreement provides a total of $585,000,000 for the State 
     Criminal Alien Assistance Program for payment to the States 
     for the costs of incarceration of criminal aliens, as 
     proposed in the House bill, instead of $100,000,000, as 
     proposed in the Senate bill. Of the total amount, the 
     conference agreement includes $420,000,000 under this account 
     for the State Criminal Alien Assistance Program and 
     $165,000,000 for this purpose under the State Prison Grants 
     program, as proposed by the House bill, instead of 
     $100,000,000 for this program with no funds from the State 
     Prison Grants program, as proposed by the Senate.
       Technology.--The conference agreement includes $250,000,000 
     in total funding for law enforcement technology, as 
     follows: $130,000,000 for a Crime Identification 
     Technology Program under the Community Oriented Policing 
     Services program heading but to be administered by OJP, 
     which includes $15,000,000 for use by NIJ for researching 
     technology to make schools safe, $35,000,000 for grants to 
     upgrade criminal history records, $30,000,000 for grants 
     to states to reduce their DNA backlogs and for the Crime 
     Laboratory Improvement Program (CLIP); $20,000,000 within 
     the Local Law Enforcement Block Grant program to NIJ for 
     assisting local units to identify, select, develop, 
     modernize and purchase new technologies for use by law 
     enforcement under this heading; and $100,000,000 for 
     grants for law enforcement technology equipment under the 
     Community Oriented Policing Services program heading.
       Indian Tribal Courts.--The conference agreement includes 
     $5,000,000, as proposed in the Senate, which was not funded 
     in the House bill, to assist tribal governments in the 
     development, enhancement, and continuing operation of tribal 
     judicial systems. These grants should be competitive, based 
     upon the extent and urgency of the need of each applicant. 
     OJP should report back to the Committees with its proposal as 
     to how the program may be administered. The conferees note 
     the special needs of the Wapka Sica Historical Society of 
     South Dakota.


              VIOLENT CRIME REDUCTION TRUST FUND PROGRAMS

       Edward Byrne Grants to States.--The conference agreement 
     provides $552,000,000 for the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Program, of which 
     $52,000,000 is discretionary and $500,000,000 is provided for 
     formula grants under this program.
       Byrne Discretionary Grants.--The conference agreement 
     provides $52,000,000 for discretionary grants under Chapter A 
     of the Edward Byrne Memorial State and Local Law Enforcement 
     Assistance Program to be administered by Bureau of Justice 
     Assistance (BJA), instead of $52,100,000 as proposed in the 
     Senate bill, and $47,000,000 as proposed in the House bill. 
     Within the amount provided for discretionary grants, the 
     Bureau of Justice Assistance is expected to review the 
     following proposals, provide a grant if warranted, and 
     report to the Committees on Appropriations of the House 
     and the Senate on its intentions:
       --$2,000,000 for the Alaska Native Justice Center;
       --$1,000,000 for the Ben Clark Public Safety Training 
     program for law enforcement officers;
       --$100,000 for the Chattanooga Endeavors Program for ex-
     offenders;
       --$3,000,000 for a cultural and diversity awareness 
     training program for law enforcement officers in New York, 
     Los Angeles, Chicago, Houston, and Atlanta, to be divided 
     equally;
       --$1,775,000 to continue the Drug Abuse Resistance 
     Education (DARE America) program;
       --$2,250,000 to continue the Washington Metropolitan Area 
     Drug Enforcement Task

[[Page H12288]]

     Force and for expansion of the regional gang tracking system;
       --$550,000 for the Kane County Child Advocacy Center for 
     additional personnel for the prosecution of child sexual 
     assault cases;
       --$1,000,000 for a one-time grant to the Law Enforcement 
     Innovation Center for law enforcement training;
       --$500,000 for the community security program of the Local 
     Initiative Support Corporation;
       --$250,000 for the Long Island Anti-Gang Task Force;
       --$1,000,000 for Los Angeles County's Roll Out Teams 
     Program for one-time funding for independent investigations 
     of officer-involved shootings;
       --$1,000,000 for Los Angeles Police Department's Family 
     Violence Response Teams for additional personnel to expand 
     the existing pilot program;
       --$4,500,000 for the Executive Office of the U.S. Attorneys 
     to support the National District Attorneys Association's 
     participation in legal education training at the National 
     Advocacy Center;
       --$3,000,000 for the National Center for Innovation at the 
     University of Mississippi School of Law to sponsor research 
     and produce judicial education seminars and training for 
     court personnel in administering cases;
       --$4,300,000 for the National Crime Prevention Council to 
     continue and expand the National Citizens Crime Prevention 
     Campaign (McGruff);
       --$3,150,000 for the national motor vehicle title 
     information system, authorized by the Anti-Car Theft 
     Improvement Act for operating the system in the current 
     States and to expand to additional States;
       --$1,250,000 for the National Neighborhood Crime and Drug 
     Abuse Prevention Program;
       --$1,000,000 for the National Training and Information 
     Center;
       --$1,000,000 for the Nevada National Judicial College;
       --$1,500,000 for the New Hampshire Operation Streetsweeper 
     Program;
       --$800,000 for the Night Light Program in San Bernadino, 
     CA;
       --$400,000 for the Western Missouri Public Safety Training 
     Institute for public safety officers training;
       --$750,000 for Operation Child Haven;
       --$974,000 for the Utah State Olympic Public Safety Command 
     to continue to develop and support a public safety master 
     plan for the 2002 Winter Olympics;
       --$1,250,000 for Project Return in New Orleans, LA;
       --$1,000,000 for a Rural Crime Prevention and Prosecution 
     program;
       --$1,500,000 for the SEARCH program;
       --$750,000 for the Tools for Tolerance program for a law 
     enforcement training program; and
       --$3,500,000 for the Consolidated Advanced Technologies for 
     the Law Enforcement Program at the University of New 
     Hampshire and the New Hampshire Department of Safety.
       Within the available resources for Byrne discretionary 
     grants, BJA is urged to review proposals, and provide grants 
     if warranted, and report to the Committees on Appropriations 
     of the House and Senate on its intentions regarding: the 
     Haymarket House; Oregon Partnership; and Westcare.
       The conferees are aware that, on certain limited occasions, 
     the Office of Justice Programs has provided or made grants to 
     pay overtime costs for State and local law enforcement 
     personnel. The conferees expect OJP to submit, no later than 
     January 31, 2000, a report on (1) its current policy on 
     paying State and local overtime costs, (2) the extraordinary 
     circumstances that might warrant a waiver of existing 
     procedures, and (3) the process by which such a waiver could 
     be granted.
       Byrne Formula Grants.--The conference agreement provides 
     $500,000,000 for the Byrne Formula Grant program, as proposed 
     in Senate bill, instead of $505,000,000 as proposed in the 
     House bill. The conference agreement includes language, as 
     proposed in both bills, which makes drug testing programs 
     an allowable use of grants provided to States under this 
     program.
       Drug Courts.--The conference agreement includes $40,000,000 
     for the drug courts as proposed both in the Senate and House 
     bills. The conferees note that localities may also obtain 
     funding for drug courts under the Local Law Enforcement Block 
     Grant and Juvenile Accountability Block Grant.
       Juvenile Accountability Block Grant.--The conference 
     agreement provides $250,000,000 for a Juvenile Accountability 
     Incentive Block Grant program to address the growing problem 
     of juvenile crime, as proposed in the House bill and instead 
     of the $100,000,000 proposed in the Senate bill. The 
     conference agreement includes language that continues by 
     reference the terms and conditions for the administration of 
     the Block Grants contained in the fiscal year 1999 
     appropriations bill, instead of listing those terms and 
     conditions.
       Violence Against Women Grants.--The conference agreement 
     includes $283,750,000 for grants to support the Violence 
     Against Women Act, as proposed in the Senate bill, instead of 
     $282,750,000 as proposed in the House bill. Grants provided 
     under this account are as follows:

General Grants.............................................$206,750,000
  Civil Legal Assistance...................................(28,000,000)
  National Institute of Justice.............................(5,200,000)
  D.C. Superior Court Domestic Violence.....................(1,196,000)
  OJJDP--Safe Start Program................................(10,000,000)
  Violence on College Campuses.............................(10,000,000)
Victims of Child Abuse Programs:
  Court-Appointed Special Advocates..........................10,000,000
  Training for Judicial Personnel.............................2,000,000
  Grants for Televised Testimony..............................1,000,000
Grants to Encourage Arrest Policies..........................34,000,000
Rural Domestic Violence......................................25,000,000
Training Programs.............................................5,000,000
                                                       ________________
                                                       
    Total...................................................283,750,000

       Within the amount provided for General Grants, the 
     conference agreement includes $28,000,000 exclusively for the 
     purpose of augmenting civil legal assistance programs to 
     address domestic violence, $5,200,000 for research and 
     evaluation of domestic violence programs, $1,196,000 for 
     continued support of the enhanced domestic prosecution unit 
     within the District of Columbia, as proposed in the House 
     report, $10,000,000 for continued support of the Safe Start 
     program which provides direct intervention and treatment to 
     youth who are victims, witnesses or perpetrators of violent 
     crimes in order to attempt early treatment, and $10,000,000 
     to combat violent crime against women on college campuses, 
     the latter as proposed in the Senate report.
       State Prison Drug Treatment.--The conference agreement 
     includes $63,000,000 for substance abuse treatment programs 
     within State and local correctional facilities, as proposed 
     in the House and Senate bills.
       Safe Return Program.--The conference agreement includes 
     $900,000 as proposed by both the House and Senate bills.
       Law Enforcement Family Support.--The conference agreement 
     includes $1,500,000 for law enforcement family support 
     programs, as proposed in both the Senate and House bills.
       Senior Citizens Against Marketing Scams.--The conference 
     agreement includes $2,000,000 for programs to assist law 
     enforcement in preventing and stopping marketing scams 
     against senior citizens, as proposed by both the House and 
     Senate bills.
       Motor Vehicle Theft Prevention.--The conference agreement 
     includes $1,300,000 for grants to combat motor vehicle theft 
     as proposed by both the Senate and House bills.


                         WEED AND SEED PROGRAM

       The conference agreement includes a direct appropriation of 
     $33,500,000 for the Weed and Seed program, as proposed by the 
     House bill, instead of $40,000,000 as proposed by the Senate 
     bill. The conference agreement includes the expectation that 
     $6,500,000 will be made available from the Asset Forfeiture 
     Super Surplus Fund.

                  Community Oriented Policing Services

       The conference agreement includes $595,000,000 for the 
     Community Oriented Policing Services (COPS) program, instead 
     of $325,000,000 as proposed in the Senate bill and 
     $268,000,000 as proposed in the House bill. Of this amount, 
     $45,000,000 is from the Violent Crime Reduction Trust Fund. 
     This statement of managers reflects the conference agreement 
     on how funds provided for all programs under the Community 
     Oriented Policing Services program in this conference report 
     are to be spent.
       Police Hiring Initiatives.--Funds have been provided since 
     fiscal year 1994 to support grants for the hiring of 100,000 
     police officers, a goal which the President announced had 
     been met in May of 1999. The conference agreement 
     includes $537,500,000 for police hiring initiatives as 
     follows: $180,000,000 from direct appropriations for 
     school resource officers; $209,500,000 from direct 
     appropriations for the universal hiring program (UHP); 
     $40,000,000 from unobligated carryover balances for hiring 
     police officers for Indian Country; and $108,000,000 from 
     unobligated carryover balances from the fiscal year 1999 
     universal hiring program to continue to be used for the 
     universal hiring program.
       Safe schools initiative (SSI).--The conference agreement 
     supports the concern expressed in the Senate and House 
     reports regarding the level of violence in our children's 
     schools as evidenced by the tragic events that have occurred 
     around the Nation. In the past year, guns and explosives have 
     been used by children against children and teachers more than 
     ever before, leading many to believe this violence is ``out 
     of control.'' To address this issue, the conference agreement 
     includes $225,000,000 for the Safe Schools Initiative (SSI), 
     including funds for technology development, prevention, 
     community planning and school safety officers. Within this 
     total, $180,000,000 is from the COPS hiring program to 
     provide school resource officers who will work in partnership 
     with schools and other community-based entities to develop 
     programs to improve the safety of elementary and secondary 
     school children and educators in and around schools; 
     $15,000,000 is from the Juvenile Justice At-Risk Children's 
     Program and $15,000,000 is from the COPS program ($30,000,000 
     total) for programs aimed at preventing violence in schools 
     through partnerships with schools and community-based 
     organizations; $15,000,000 is provided from the Crime 
     Identification Technology Program to NIJ to develop 
     technologies to improve school safety. Special note is made 
     of the need for additional school resource officers in King 
     County, Washington.
       Indian Country.--The conference agreement includes 
     $40,000,000 from unobligated

[[Page H12289]]

     carryover balances to improve law enforcement capabilities on 
     Indian lands, both for hiring uniformed officers and for the 
     purchase of equipment and training for new and existing 
     officers, as proposed by the Senate.
       Management and Administration.--The conference agreement 
     also includes a provision that provides that not to exceed 
     $29,825,000 shall be expended for management and 
     administration of the program, instead of $17,325,000 as 
     proposed in the Senate bill, and $25,500,000, as proposed in 
     the House bill. A request for reprogramming or transfer of 
     funds, pursuant to section 605 of this Act, would be 
     entertained to increase this amount.
       Non-Hiring Initiatives.--The conferees understand that the 
     COPS program reached its goal of funding 100,000 officers in 
     May of 1999. Having reached the original goals of the 
     program, the conferees want to ensure there is adequate 
     infrastructure for the new police officers, similar to the 
     focus that has been provided Federal law enforcement over the 
     past several years. The conferees believe this approach will 
     enable police officers to work more efficiently, equipped 
     with the protection, tools, and technology they need: to 
     address crime in and around schools, provide law enforcement 
     technology for local law enforcement, combat the emergence of 
     methamphetamine in new areas and provide policing of ``hot 
     spots'' of drug market activity, and provide bullet proof and 
     stab proof vests for local law enforcement officers and 
     correctional officers.
       Specifically, the conferees direct the program to use 
     $335,675,000, to be made available from a combination of 
     $170,000,000 from unobligated carryover balances and the 
     $165,675,000 from direct appropriations in this Act for COPS, 
     to fund initiatives that will result in more effective 
     policing. The conferees believe that these funds should be 
     used to address these critical law enforcement requirements 
     and direct the program to establish the following non-hiring 
     grant programs:
       1. COPS Technology Program.--The conference agreement 
     includes the direction of $100,000,000 to be used for 
     continued development of technologies and automated systems 
     to assist State and local law enforcement agencies in 
     investigating, responding to and preventing crime. In 
     particular, there is recognition of the importance of the 
     sharing of criminal information and intelligence between 
     State and local law enforcement to address multi-
     jurisdictional crimes.
       Within the amounts made available under this program, the 
     conference agreement includes the expectation that the COPS 
     office will award grants for the following technology 
     proposals:
       --$1,450,000 for a grant for the Access to Court Electronic 
     Data for Criminal Justice Agencies project;
       --$1,000,000 for a grant for Alameda County, CA, for a 
     voice communications system;
       --$1,000,000 for a grant to the Greater Atlanta Data Center 
     for law enforcement training technology for a multi-
     jurisdictional area;
       --$350,000 for a grant to Birmingham, AL, for a Mobile 
     Emergency Communication System;
       --$60,000 for a grant to the Bolivar City Sheriff's Office 
     (MS) for public safety equipment;
       --up to $7,000,000 for the acquisition or lease and 
     installation of dashboard mounted cameras for State and local 
     law enforcement on patrol;
       --$1,000,000 for a grant to Clackamas County, OR, for 
     police communications equipment;
       --$100,000 for a grant to Charles Mix County, SD, for 
     Emergency 911 Service;
       --$1,000,000 for a grant to the City of Fairbanks, AK, for 
     a police radio and telecommunications system;
       --$90,000 for a grant to the Fairbanks, AK, police for 
     thermal imaging goggles;
       --$430,000 for a grant to Greenwood County, SC, for 
     technology upgrades;
       --$1,000,000 for a grant for Hampton Roads, VA, for 
     regional law enforcement technology;
       --$100,000 for a grant for technology upgrades for the 
     Harrison, NY, police department;
       --$1,588,000 for a grant to Henderson, NV, for mobile data 
     computers for law enforcement;
       --$3,000,000 for a grant for video-teleconferencing 
     equipment necessary to assist State and local law enforcement 
     in contacting the Immigration and Naturalization Service to 
     allow them to confirm the identification of illegal and 
     criminal aliens in their custody;
       --$1,333,000 for a grant to the city of Jackson, MS, for 
     public safety and automated system technologies;
       --$1,000,000 for Jefferson County, KY, for mobile data 
     terminals for law enforcement;
       --$400,000 for a grant to the Kauai, HI, County Police 
     Department to enhance the emergency communications systems;
       --$1,700,000 for a grant for the Kentucky Justice Cabinet 
     for equipment to implement a sexual offender registration and 
     community notification information system;
       --$1,500,000 to the Law Enforcement On-Line Program;
       --$100,000 for a grant for Lexington-Fayette, KY, law 
     enforcement communications equipment;
       --$200,000 for a grant for the Logan Mobile Data System;
       --$2,300,000 for a grant to Los Angeles County for 
     equipment relating to the criminal alien demonstration 
     project;
       --$3,000,000 for a grant to the Low Country, SC, Tri-County 
     Police initiative to establish a regional law enforcement 
     computer network;
       --$112,000 for a grant to Lowell, MA, for police 
     communications equipment;
       --$150,000 for a grant to Martin County, KY, for technology 
     for a public safety training program;
       --$400,000 for a grant to the Maui County, HI, police 
     department to enhance the emergency communications systems;
       --$100,000 for a grant to Mineral County, NV, to upgrade 
     technology;
       --$2,500,000 for a grant to the Missouri State Court 
     Administration for the Juvenile Justice Information System to 
     enhance communication and collaboration between juvenile 
     courts, law enforcement, schools, and other agencies;
       --$425,000 for the Montana Juvenile Justice video-
     teleconferencing equipment;
       --$5,000,000 to the National Center for Missing and 
     Exploited Children to create a program that would provide 
     targeted technology to police departments for the specific 
     purpose of child victimization prevention and response;
       --$800,000 for a grant to the National Center for Victims 
     of Crime--INFOLINK;
       --$1,500,000 for a grant to expand the demonstration 
     program enabling local law enforcement officers to field-test 
     a portable hand-held digital fingerprint and photo device 
     which would be compatible with NCIC 2000;
       --$28,000 for a grant to Nenana, AK, for mobile video and 
     communications equipment;
       --$60,000 for a grant to the New Rochelle, NY, Harbor 
     Police Department for technology;
       --$5,000,000 for a grant for the North Carolina Criminal 
     Justice Information (CJIS-J-NET) for the final year of 
     funding of the comprehensive integrated criminal information 
     system, as described in the House report;
       --$500,000 for a grant to the New Jersey State police for 
     computers and equipment for a truck safety initiative;
       --$107,000 for public safety and automated system 
     technologies for Ocean Springs, MS;
       --$2,500,000 for a grant for Project Hoosier SAFE-T;
       --$150,000 for a grant to Pulaski County, KY, for 
     technology for a public safety training program;
       --$390,000 for a grant to Racine County, WI, for a 
     countywide integrated computer aided dispatch management 
     system and mobile data computer system;
       --$5,000,000 for a grant to the Regional Information 
     Sharing System (RISS) for RISS Secure Intranet to increase 
     the ability of law enforcement member agencies to share and 
     retrieve criminal intelligence information on a real-time 
     basis;
       --$200,000 for a grant to Riverside, CA, for law 
     enforcement computer upgrades;
       --$1,500,000 for a grant to Rock County, WI, for a law 
     enforcement consortium;
       --$550,000 for a grant to the Santa Monica, CA, police 
     department for an automated Mobile Field Reporting System;
       --$2,000,000 for a grant to the Seattle, WA, police 
     department for forensic imaging equipment and computer 
     upgrades;
       --$800,000 for a one-time grant to the SECURE gunshot 
     detection demonstration project for Austin, TX;
       --$2,000,000 for a grant to the South Dakota Training 
     Center for technology upgrades;
       --$7,000,000 for a grant for the South Dakota Bureau of 
     Information and Telecommunications to enhance their emergency 
     communication system;
       --$9,000,000 for a grant for the continuation of the 
     Southwest Border States Anti-Drug Information System, which 
     will provide for the purchase and deployment of the 
     technology network between all State and local law 
     enforcement agencies in the four southwest border States;
       --$5,000,000 for the Utah Communications Agency Network 
     (UCAN) for enhancements and upgrades of security and 
     communications infrastructure relating to the 2002 Winter 
     Olympics;
       --$350,000 for the Union County, SC, Sheriff's Office for 
     technology upgrades;
       --$1,000,000 for Ventura County, CA, for an integrated 
     justice system;
       --$200,000 to the Vermont Department of Public Safety for a 
     mobile command center;
       --$4,000,000 to the Vermont Public Safety Communications 
     Program;
       --$1,000,000 to the St. Johnsbury, Rutland, and Burlington, 
     VT, technology programs;
       --$3,000,000 to the New Hampshire State Police VHF trunked 
     digital radio system;
       --$1,200,000 to Yellowstone County, MT, for Mobile Data 
     Systems; and
       --$650,000 to Yellowstone County, MT, Driving Simulator for 
     law enforcement training equipment.
       2. Crime Identification Technology Program.--The conference 
     agreement includes $130,000,000 for crime identification 
     technology, instead of $260,000,000 as proposed in the Senate 
     bill under the State and Local Law Enforcement Assistance 
     heading, and $60,000,000, as proposed in the House bill, 
     which proposed funding technology only in the Community 
     Oriented Policing Services program, to be used and 
     distributed pursuant to the Crime Identification Technology 
     Act of 1998, P.L. 105-251. Under that Act, eligible uses of 
     the funds are (1) upgrading criminal history and criminal 
     justice record systems; (2) improvement of criminal justice 
     identification, including fingerprint-based systems; (3) 
     promoting compatibility and integration of national, State, 
     and local systems

[[Page H12290]]

     for criminal justice purposes, firearms eligibility 
     determinations, identification of sexual offenders, 
     identification of domestic violence offenders, and background 
     checks for other authorized purposes; (4) capture of 
     information for statistical and research purposes; (5) 
     developing multi-jurisdictional, multi-agency communications 
     systems; and (6) improvement of capabilities of forensic 
     sciences, including DNA. Within the amount provided, the OJP 
     is directed to provide grants to the following, and report to 
     the Committees on Appropriations of the House and the Senate: 
     $7,500,000 for a grant to Kentucky for a state-wide law 
     enforcement technology program; and $7,500,000 for a grant 
     for the Southwest Alabama Department of Justice's initiative 
     to integrate data from various criminal justice agencies to 
     meet Southwest Alabama's public safety needs.
       Safe Schools Technology.--Within the amounts available for 
     crime identification technology under this account, the 
     conference agreement includes $15,000,000 for Safe Schools 
     technology to continue funding NIJ's development of new, more 
     effective safety technologies such as less obtrusive weapons 
     detection and surveillance equipment and information systems 
     that provide communities quick access to information they 
     need to identify potentially violent youth, as described in 
     the Senate report.
       Upgrade Criminal History Records (Brady Act).--Within the 
     amounts available for crime identification technology under 
     this account, the conference agreement provides $35,000,000, 
     instead of $40,000,000 as proposed by the Senate and as an 
     authorized use of funds from within the Crime Identification 
     Technology Act formula grant program funded in the Community 
     Oriented Policing Services program as proposed by the House. 
     The House report did not designate a specific dollar amount.
       DNA Backlog Grants/Crime Laboratory Improvement Program 
     (CLIP).--Within the amounts available for crime 
     identification technology under this account, the conference 
     agreement includes $30,000,000 for grants to States to reduce 
     their DNA backlogs and for the Crime Laboratory Improvement 
     Program (CLIP), as proposed by the Senate bill. The House 
     provided funds for these programs through the Crime 
     Identification Technology Act formula grant program funded in 
     the Community Oriented Policing Services program. Within the 
     amount made available under this program, it is expected that 
     the OJP will review proposals, provide grants if warranted, 
     and report to the Committees on its intentions regarding: a 
     $2,000,000 grant to the Marshall University Forensic Science 
     Program; a $3,000,000 grant to the West Virginia University 
     Forensic Identification Program; $1,200,000 to the South 
     Carolina Law Enforcement Division's forensic laboratory; a 
     $500,000 grant to the Southeast Missouri Crime Laboratory; a 
     $661,000 grant to the Wisconsin Laboratory to upgrade DNA 
     technology and training; $1,250,000 for Alaska's crime 
     identification program; and $1,900,000 to the National 
     Forensic Science Technology Center, as described in the House 
     report.
       3. COPS Methamphetamine/Drug ``Hot Spots'' Program.--The 
     conferees direct that $35,675,000 from direct appropriations 
     be used for State and local law enforcement programs to 
     combat methamphetamine production, distribution, and use, and 
     to reimburse the Drug Enforcement Administration for 
     assistance to State and local law enforcement for proper 
     removal and disposal of hazardous materials at clandestine 
     methamphetamine labs. The monies may also be used for 
     policing initiatives in ``hot spots'' of drug market 
     activity. The House bill proposed $35,000,000 and the Senate 
     proposed $25,000,000 for this purpose.
       Within the amount included for the Methamphetamine/Drug Hot 
     Spots Program, the conference agreement expects the COPS 
     office to award grants for the following programs:
       --$1,000,000 to the Arizona Methamphetamine program to 
     support additional law enforcement officers and to train 
     local and State law enforcement officers on the proper 
     recognition, collection, removal, and destruction of 
     methamphetamine;
       --$18,200,000 to continue the California Bureau of 
     Narcotics Enforcement's Methamphetamine Strategy to support 
     additional law enforcement officers, intelligence gathering 
     and forensic capabilities, training and community outreach 
     programs;
       --$50,000 to the Grass Valley, NV, Methamphetamine 
     initiative to support additional law enforcement officers and 
     to train local and State law enforcement officers on the 
     proper recognition, collection, removal, and destruction of 
     methamphetamine;
       --$500,000 to the Illinois State Police to combat 
     methamphetamine and to train officers in methamphetamine 
     investigations;
       --$1,200,000 to the Iowa Methamphetamine Law Enforcement 
     initiative to support additional law enforcement officers and 
     to train local and State law enforcement officers on the 
     proper recognition, collection, removal, and destruction of 
     methamphetamine;
       --$750,000 to the Las Vegas Special Police Enforcement and 
     Eradication Program of which $450,000 is for the Las Vegas 
     Police Department and $300,000 is for the North Las Vegas 
     Police Department to support additional law enforcement 
     officers and to train local and State law enforcement 
     officers on the proper recognition, collection, removal, and 
     destruction of methamphetamine;
       --$6,000,000 to the Midwest Methamphetamine initiative (MO) 
     to support additional law enforcement officers and to train 
     local and State law enforcement officers on the proper 
     recognition, collection, removal, and destruction of 
     methamphetamine;
       --$525,000 to Nebraska's Clandestine Laboratory team to 
     support additional law enforcement officers and to train 
     local and State law enforcement officers on the proper 
     recognition, collection, removal, and destruction of 
     methamphetamine;
       --$750,000 to the New Mexico methamphetamine program for 
     additional law enforcement officers, intelligence gathering 
     and forensic capabilities, training and community outreach 
     programs;
       --$1,000,000 to the Northern Utah Methamphetamine Program 
     for additional law enforcement officers and to train local 
     and State law enforcement officers on the proper recognition, 
     collection, removal, and destruction of methamphetamine;
       --$1,000,000 to the Rocky Mountain Methamphetamine Program 
     for additional law enforcement officers and to train local 
     and State law enforcement officers on the proper recognition, 
     collection, removal, and destruction of methamphetamine;
       --$1,000,000 to the Tennessee Methamphetamine Program for 
     additional law enforcement officers and to train local and 
     State law enforcement officers on the proper recognition, 
     collection, removal, and destruction of methamphetamine;
       --$1,200,000 to the Tri-State Methamphetamine Training (IA/
     SD/NE) program to train officers from rural areas on 
     methamphetamine interdiction, cover operations, intelligence 
     gathering, locating clandestine laboratories, case 
     development, and prosecution;
       --$1,000,000 to form a Western Kentucky Methamphetamine 
     training program and to provide equipment and manpower to 
     form inter-departmental task forces; and
       --$1,000,000 for the Western Wisconsin Methamphetamine 
     Initiative for additional law enforcement officers and to 
     train local and State law enforcement officers on the proper 
     recognition, collection, removal, and destruction of 
     methamphetamine.
       The conference agreement expects the OJP to review a 
     request from the Polk County, FL, Sheriff's office to provide 
     additional capabilities to expand the methamphetamine program 
     and provide a grant, if warranted.
       4. COPS Safe Schools Initiative (SSI)/School Prevention 
     Initiatives.--The conferees direct that $15,000,000 of 
     unobligated carryover balances be used to provide grants to 
     policing agencies and schools to provide resources for 
     programs aimed at preventing violence in public schools, and 
     to support the assignment of officers to work in 
     collaboration with schools and community-based organizations 
     to address crime and disorder problems, gangs, and drug 
     activities, as proposed in the House report. Within the 
     overall amounts recommended for this program, the conference 
     agreement includes the expectation that the COPS office will 
     examine each of the following proposals, provide grants if 
     warranted, and submit a report to the Committees on its 
     intentions for each proposal:
       --$250,000 for the Alaska Community in School Mentoring 
     program;
       --$500,000 for a grant to the Home Run Program to assist 
     elementary and secondary schools with children beginning to 
     engage in delinquent behavior;
       --$300,000 for the Links to Community Demonstration 
     Project;
       --$3,000,000 for a grant to the Miami-Dade Juvenile 
     Assessment Center for a safe school demonstration project;
       --$541,000 for a grant to the Milwaukee schools' Summer 
     Stars program;
       --$2,000,000 for a grant to the National Center for Rural 
     Law Enforcement for school violence research;
       --$5,000,000 for training by the National Center for 
     Missing and Exploited Children for law enforcement officers 
     selected to be part of the Safe Schools Initiative;
       --$1,000,000 to the School Crime Prevention and Security 
     Technology Center;
       --$500,000 for a grant to the University of Kentucky for 
     research on school violence prevention;
       --$200,000 for the evaluation of the Vermont SAFE-T program 
     and Colchester Community Youth Project;
       --$500,000 for the Youth Advocacy Program in South 
     Carolina;
       --$500,000 for the Youth Outreach program.
       Within the amounts made available under this program, the 
     conferers expect the COPS office to examine each of the 
     following proposals, to provide grants if warranted, and to 
     submit a report to the Committees on its intentions for each 
     proposal: the ``Free to Grow'' program at Columbia 
     University, and the Tuscaloosa Youth Violence Project.
       5. COPS Bullet-proof vests initiative.--The conferees 
     direct that $25,000,000 of unobligated carryover balances be 
     used to provide State and local law enforcement officers with 
     bullet-proof vests, the second year of the program, in 
     accordance with Public Law 105-181.
       6. Police Corps.--The conferees direct that $30,000,000 of 
     unobligated carryover balances in the COPS program be used 
     for Police Corps instead of the $25,000,000 proposed in the 
     House bill. The Senate bill proposed $30,000,000 within the 
     Local Law Enforcement Block Grant. The conference agreement 
     includes funding for an annual data collection and 
     reporting program on excessive force by law enforcement 
     officers, pursuant to Subtitle D of Title XXI of the 
     Violent Crime Control and Law Enforcement Act of 1994, as 
     has been previously funded within the unobligated balances 
     of this program. The conference agreement includes

[[Page H12291]]

     continued funding for this data collection in the same 
     manner.


                       juvenile justice programs

       The conference agreement includes $287,097,000 for Juvenile 
     Justice programs, instead of $286,597,000 as proposed in the 
     House bill and $322,597,000 as proposed in the Senate bill. 
     The conference agreement includes the understanding that 
     changes to Juvenile Justice and Delinquency Prevention 
     Programs are being considered in the reauthorization process 
     of the Juvenile Justice and Delinquency Act of 1974. However, 
     absent completion of this reauthorization process, the 
     conference agreement provides funding consistent with the 
     current Juvenile Justice and Delinquency Prevention Act. In 
     addition, the conference agreement includes language that 
     provides that funding for these programs shall be subject to 
     the provisions of any subsequent authorization legislation 
     that is enacted. The agreement includes a comprehensive 
     mental health study of juveniles in the criminal justice 
     system, as described in the House report.
       Juvenile Justice and Delinquency Prevention.--Of the total 
     amount provided, $269,097,000 is for grants and 
     administrative expenses for Juvenile Justice and Delinquency 
     Prevention programs including:
       1. $6,847,000 for the Office of Juvenile Justice and 
     Delinquency Prevention (OJJDP) (Part A).
       2. $89,000,000 for Formula Grants for assistance to State 
     and local programs (Part B).
       3. $42,750,000 for Discretionary Grants for National 
     Programs and Special Emphasis Programs (Part C).
       Within the amount provided for Part C discretionary grants, 
     OJJDP is directed to review the following proposals, provide 
     grants if warranted, and submit a report to the Committees on 
     Appropriations of the House and the Senate on its intentions 
     regarding:
       --$500,000 to continue the Achievable Dream after school 
     program;
       --$50,000 for Catholic Charities, Inc. in Louisville, KY, 
     for an after school program;
       --$1,500,000 for the Center on Crimes/Violence Against 
     Children;
       --$250,000 for the Culinary Arts for At-Risk Youth in 
     Miami-Dade, FL;
       --$5,000,000 for the Innovative Partnerships for High Risk 
     Youth;
       --$650,000 for the Juvenile Justice Tribal Collaboration 
     and Technical assistance;
       --$600,000 for the Kids With A Promise program;
       --$2,000,000 to continue the L.A. Best youth program;
       --$500,000 for the L.A. Dads/Family programs;
       --$500,000 to continue the L.A. Bridges after school 
     program;
       --$550,000 for Lincoln Action Programs--Youth Violence 
     Alternative Project;
       --$250,000 to continue the Low Country Children's Center 
     program;
       --$350,000 for Mecklenburg County's Domestic Violence HERO 
     program;
       --$1,500,000 for the Milwaukee Safe and Sound program;
       --$3,000,000 for the Mount Hope Center for a youth program;
       --$310,000 for the National Association of State Fire 
     Marshals--Juvenile Firesetters initiative;
       --$3,000,000 to continue funding for the National Council 
     of Juvenile and Family Courts which provides continuing legal 
     education in family and juvenile law;
       --$1,900,000 for continued support for law-related 
     education;
       --$300,000 for the No Workshops . . . No Jump Shots 
     program;
       --$150,000 for the Operation Quality Time program;
       --$3,000,000 for Parents Anonymous, to develop partnerships 
     with local communities to build and support strong, safe 
     families and to help break the cycle of abuse and 
     delinquency;
       --$750,000 for the Rio Arriba County, NM, after school 
     program;
       --$1,300,000 for the Suffolk University Center for Juvenile 
     Justice;
       --$1,000,000 for the University of Missouri--Kansas City 
     Juvenile Justice Research Center for research;
       --$150,000 for the United Neighborhoods of Northern 
     Virginia youth program;
       --$1,000,000 for the University of Montana to create a 
     juvenile after-school program;
       --$200,000 for the Vermont Association of Court Diversion 
     programs to help prevent and treat teen alcohol abuse;
       --$1,000,000 for the Youth Crime Watch Initiative of 
     Florida; and
       --$5,000,000 for the Youth Challenge Program.
       In addition, OJJDP is directed to examine each of the 
     following proposals, provide grants if warranted, and report 
     to the Committees on Appropriations of both the House and 
     Senate on its intentions for each proposal: the At Risk 
     Youth Program in Wausau, Wisconsin; the Consortium on 
     Children, Families, and the Law; the Hawaii Lawyers Care 
     Na Keiki Law Center; for a juvenile justice program in 
     Kansas City, MO; the Learning for Life program conducted 
     by the Boy Scouts; the New Mexico Cooperative Extension 
     Service 4-H Youth Development Program; OASIS; the Oklahoma 
     State Transition and Reintegration Services (STARS); the 
     Rapid Response Program, Washington/Hancock County, ME; the 
     St. Louis City Regional Violence Prevention Initiative; 
     and the University of South Alabama's Youth Violence 
     Project.
       4. $12,000,000 to expand the Youth Gangs (Part D) program 
     which provides grants to public and private nonprofit 
     organizations to prevent and reduce the participation of at-
     risk youth in the activities of gangs that commit crimes. 
     Within the amount provided, OJJDP is directed to provide a 
     grant of $50,000 for the Metro Denver Gang Coalition.
       5. $10,000,000 for Discretionary Grants for State Challenge 
     Activities (Part E) to increase the amount of a State's 
     formula grant by up to 10 percent, if that State agrees to 
     undertake some or all of the ten challenge activities 
     designed to improve various aspects of a State's juvenile 
     justice and delinquency prevention program.
       6. $13,500,000 for the Juvenile Mentoring Program (Part G) 
     to reduce juvenile delinquency, improve academic performance, 
     and reduce the drop-out rate among at-risk youth through the 
     use of mentors by bringing together young people in high 
     crime areas with law enforcement officers and other 
     responsible adults who are willing to serve as long-term 
     mentors. In addition, OJJDP is directed to examine each of 
     the following proposals, provide grants if warranted, and 
     report to the Committees on Appropriations of both the House 
     and Senate on its intentions for each proposal: a grant in an 
     amount greater than the current year level for the Big 
     Brothers/Big Sisters of America program; $1,000,000 for a 
     grant to Utah State University for a pilot mentoring program 
     that focuses on the entire family; and $1,000,000 for a grant 
     to the Tom Osborne mentoring program.
       7. $95,000,000 for Incentive Grants for Local Delinquency 
     Prevention Programs (Title V), to units of general local 
     government for delinquency prevention programs and other 
     activities for at-risk youth. The Title V program provides 
     funding on a formula basis to States, to be distributed by 
     the States for use by local units of government and locally-
     based public and private agencies and organizations. 
     Administration of these funds on a formula basis ensures 
     fairness in the distribution process.
       Safe Schools Initiative (SSI).--The conference agreement 
     includes $15,000,000 within the Title V grants for the Safe 
     Schools Initiative as proposed in the Senate report. In 
     addition, OJJDP is directed to examine each of the following 
     proposals, provide grants if warranted, and report to the 
     Committees on Appropriations of both the House and Senate on 
     its intentions for each proposal: $2,500,000 for a grant to 
     the Hamilton Fish National Institute on School and Community 
     Violence; $500,000 for a grant to the University of 
     Louisville for research; $1,250,000 for the Teens, Crime, and 
     the Community Program; and a grant to the ``I Have a Dream'' 
     Foundation for an at-risk youth program.
       Tribal Youth Program.--The conference agreement includes 
     $12,500,000 within the Title V grants for programs to reduce, 
     control and prevent crime, as proposed in the Senate report.
       Enforcing the Underage Drinking Laws Program.--The 
     conference agreement includes $25,000,000 within the Title V 
     grants for programs to assist States in enforcing underage 
     drinking laws, as proposed in the Senate report. Projects 
     funded may include: Statewide task forces of State and local 
     law enforcement and prosecutorial agencies to target 
     establishments suspected of a pattern of violations of State 
     laws governing the sale and consumption of alcohol by minors; 
     public advertising programs to educate establishments about 
     statutory prohibitions and sanctions; and innovative programs 
     to prevent and combat underage drinking. In addition, OJJDP 
     is directed to examine the following proposal, provide a 
     grant if warranted, and report to the Committees on 
     Appropriations of both the House and Senate on its intentions 
     for the proposal: $1,000,000 for a grant to the Sam Houston 
     State University and Mothers Against Drunk Driving for a 
     National Institute for Victims Studies project.
       Drug Prevention Program.--While crime is on the decline in 
     certain parts of America, a dangerous precursor to crime, 
     namely teenage drug use, is on the rise and may soon reach a 
     20-year high. The conference agreement includes $11,000,000, 
     instead of $12,000,000 as proposed in the House bill, and no 
     funds proposed in the Senate report, to develop, demonstrate 
     and test programs to increase the perception among children 
     and youth that drug use is risky, harmful, or unattractive.
       Victims of Child Abuse Act.--The conference agreement 
     includes $7,000,000 for the programs authorized under the 
     Victims of Child Abuse Act (VOCA), as proposed in the House 
     bill. The agreement includes $7,000,000 to Improve 
     Investigations and Prosecutions (Subtitle A) as follows:
       --$1,000,000 to establish Regional Children's Advocacy 
     Centers, as authorized by section 213 of VOCA;
       --$4,000,000 to establish local Children's Advocacy 
     Centers, as authorized by section 214 of VOCA;
       --$1,500,000 for a continuation grant to the National 
     Center for Prosecution of Child Abuse for specialized 
     technical assistance and training programs to improve the 
     prosecution of child abuse cases, as authorized by section 
     214a of VOCA; and
       --$500,000 for a continuation grant to the National Network 
     of Child Advocacy Centers for technical assistance and 
     training, as authorized by section 214a of VOCA.


                    public safety officers benefits

       The conference agreement includes $32,541,000, as proposed 
     by the House, instead

[[Page H12292]]

     of $36,041,000, as proposed by the Senate, in direct 
     appropriations and assumes $2,261,071 in unobligated 
     carryover balances which will fully fund anticipated 
     payments.
       In addition, the conference agreement assumes $2,339,000 in 
     fiscal year 1999 unobligated carryover balances to pay for 
     higher education for dependents of Federal, State and local 
     public safety officers who are killed or permanently disabled 
     in the line of duty.

               General Provisions--Department of Justice

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 101.--The conference agreement includes section 
     101, identical in both the House and Senate bills, which 
     makes up to $45,000 of the funds appropriated to the 
     Department of Justice available for reception and 
     representation expenses.
       Sec. 102.--The conference agreement includes section 102, 
     as proposed in the House bill, which continues certain 
     authorities for the Department of Justice in fiscal year 2000 
     that were contained in the Department of Justice 
     Appropriation Authorization Act, fiscal year 1980. The Senate 
     bill did not contain a provision on this matter.
       Sec. 103.--The conference agreement includes section 103, 
     identical in both the House and Senate bills, which prohibits 
     the use of funds to perform abortions in the Federal Prison 
     System.
       Sec. 104.--The conference agreement includes section 104, 
     identical in both the House and Senate bills, which prohibits 
     the use of funds to require any person to perform, or 
     facilitate the performance of, an abortion.
       Sec. 105.--The conference agreement includes section 105, 
     identical in both the House and Senate bills, which states 
     that nothing in the previous section removes the obligation 
     of the Director of the Bureau of Prisons to provide escort 
     services to female inmates who seek to obtain abortions 
     outside a Federal facility.
       Sec. 106.--The conference agreement includes section 106, 
     identical in both the House and Senate bills, which allows 
     the Department of Justice to spend up to $10,000,000 for 
     rewards for information regarding acts of terrorism against a 
     United States person or property at levels not to exceed 
     $2,000,000 per reward.
       Sec. 107.--The conference agreement includes section 107, 
     as proposed in the House bill, which continues the current 5% 
     and 10% limitations on transfers among Department of Justice 
     accounts, instead of limitations of 10% and 20%, 
     respectively, as proposed in the Senate bill.
       Sec. 108.--Modified language is included in the bill which 
     establishes an effective date of August 1, 2000 for 
     additional changes to authority of the Assistant Attorney 
     General for the Office of Justice Programs. This language has 
     been included so additional time is available to consider 
     other elements of the comprehensive restructuring report for 
     the Office of Justice Programs, as submitted by the 
     Administration to the Committees on Appropriations on March 
     10, 1999.
       Sec. 109.--The conference agreement includes section 109, 
     as proposed in the House bill, which allows the Attorney 
     General to waive certain Federal acquisition rules and 
     regulations in certain instances related to counterterrorism 
     and national security, and which prohibits the disclosure of 
     financial records and identifying information of any 
     corrections officer in an action brought by a prisoner. The 
     Senate bill contained similar provisions as sections 109 and 
     110.
       Sec. 110.--The conference agreement includes section 110, 
     as proposed in the House bill, which continues a provision 
     carried in the fiscal year 1999 Act regarding the payment of 
     judgments under the Financial Institutions Reform, Recovery 
     and Enforcement Act. The Senate bill contained a similar 
     provision as section 111.
       Sec. 111.--The conference agreement includes section 111, 
     proposed as section 112 in the House bill, regarding the 
     Chief Financial Officer of the Department of Justice. The 
     Senate bill did not contain a provision on this matter.
       Sec. 112.--The conference agreement includes section 112, 
     proposed as section 114 in the House bill, which extends 
     section 3024 of Public Law 106-31 to allow assistance and 
     services to be provided to the families of the victims of Pan 
     Am Flight 103. The Senate bill did not contain a provision on 
     this matter.
       Sec. 113.--The conference agreement includes section 113, 
     proposed as section 115 in the House bill, which changes the 
     filing fees for certain bankruptcy proceedings. The Senate 
     bill did not contain a provision on this matter.
       Sec. 114.--The conference agreement includes section 114, 
     modified from language proposed as section 113 in the Senate 
     bill, which prohibits the payment for certain services by the 
     Marshals Service and the Immigration and Naturalization 
     Service at a rate in excess of amounts charged for such 
     services under the Medicare or Medicaid programs. The House 
     bill addressed this matter in section 113.
       Sec. 115.--The conference agreement includes section 115, 
     modified from language proposed in the Senate bill, which 
     prohibits funds in this Act from being used to pay premium 
     pay to an individual employed as an attorney by the 
     Department of Justice for any work performed in fiscal year 
     2000. The House bill did not include a provision on this 
     matter.
       Sec. 116.--The conference agreement includes section 116, 
     proposed as section 117 in the Senate bill, which makes 
     permanent a provision included in the fiscal year 1999 Act, 
     and amended by Public Law 106-31, to clarify the term 
     ``tribal'' for the purpose of making grant awards under title 
     I of this Act. The House bill did not include a provision on 
     this matter.
       Sec. 117.--The conference agreement includes section 117, 
     modified from language proposed as section 119 in the Senate 
     bill, which provides a procedure to grant national interest 
     waivers to physicians if they have served an aggregate of 
     five years and will continue to serve in areas designated as 
     medically underserved or at facilities under the jurisdiction 
     of the Secretary of Veterans Affairs. This provision 
     essentially restores the situation that existed for alien 
     physicians prior to the Immigration and Naturalization 
     Service decision in New York State Department of 
     Transportation, and those physicians who filed prior to 
     November 1, 1998, shall be granted a national interest waiver 
     if they agree to serve three years in medically underserved 
     areas or at facilities under the jurisdiction of the 
     Secretary of Veterans Affairs. The House bill did not include 
     a provision on this matter.
       Sec. 118.--The conference agreement includes section 118, 
     proposed as section 121 in the Senate bill, which permanently 
     authorizes the land border inspection fee account. The House 
     bill did not include a provision on this matter.
       Sec. 119.--The conference agreement includes a new 
     provision, section 119, to extend the authorities included in 
     the fiscal year 1998 Act which authorized funds to be 
     provided for the U.S. Attorneys victim witness coordinator 
     and advocate program from the Crime Victims Fund. The 
     conferees expect $6,838,000 will be used under this provision 
     to continue to support the 93 victim witness coordinators and 
     advocates who are assigned to various U.S. Attorneys offices, 
     including victim support for the D.C. Superior Court, and 
     $7,552,000 will be used to provide funding for the U.S. 
     Attorneys to support the 77 victim witness workyears from 
     pre-1998 allocations. The conferees expect that appropriate 
     sums will be made available under this provision in 
     succeeding fiscal years to continue this program at the 
     current level.
       Sec. 120.--The conference agreement includes a new 
     provision, section 120, which authorizes the collection and 
     analysis of DNA samples voluntarily contributed from the 
     relatives of missing persons.
       Sec. 121.--The conference agreement includes a new 
     provision, section 121, which changes the entity to which 
     electronic communication service providers report instances 
     of child pornography.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       The conference agreement includes $25,635,000 for the 
     salaries and expenses of the Office of the United States 
     Trade Representative, instead of $25,205,000 as proposed in 
     the House bill, and $26,067,000 as proposed in the Senate 
     bill.
       The increase over the fiscal year 1999 appropriation 
     provides for adjustments to base operations to maintain the 
     current level of operations, and program increases requested 
     for Washington-based security, travel, and translation 
     services. The conferees concur with language in the House 
     report related to the upcoming World Trade Organization 
     Ministerial Meeting.

                     International Trade Commission


                         salaries and expenses

       The conference agreement includes $44,495,000 and 
     $2,500,000 in carryover for the salaries and expenses of the 
     International Trade Commission (ITC) as proposed in the House 
     bill, instead of $45,700,000 as proposed in the Senate bill. 
     The recommended funding will allow the ITC to operate at a 
     level very close to the amount of the budget request, and 
     permit the Commission to carry out planned activities.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       The conference agreement includes $311,503,000 in new 
     budgetary resources for the operations and administration of 
     the International Trade Administration for fiscal year 2000, 
     of which $3,000,000 is derived from fee collections, instead 
     of $298,236,000 as proposed by the House bill, and 
     $311,344,000 as proposed by the Senate bill. In addition to 
     this amount, the conference agreement assumes $2,000,000 in 
     prior year carryover, resulting in a total fiscal year 2000 
     availability of $313,503,000.
       The following table reflects the distribution of funds by 
     activity included in the conference agreement:

Trade Development...........................................$62,376,000
Market Access and Compliance.................................19,755,000
Import Administration........................................32,473,000
U.S. & F.C.S................................................186,693,000
Executive Direction and Administration.......................12,206,000
Fee Collections.............................................(3,000,000)
Prior Year Carryover........................................(2,000,000)
                                                       ________________
                                                       
  Total, ITA................................................308,503,000


[[Page H12293]]


       Trade Development (TD).--The conference agreement provides 
     $62,376,000 for this activity. Of the amounts provided, 
     $49,621,000 is for the TD base program, $9,000,000 is for the 
     National Textile Consortium, and $3,000,000 is provided for 
     the Textile/Clothing Technology Corporation. Further, the 
     conference agreement includes $255,000 for the Access Mexico 
     program and $500,000 for continuation of the international 
     global competitiveness initiative recommended in the House 
     report.
       Market Access and Compliance (MAC).--The conference 
     agreement includes a total of $19,755,000 for this activity. 
     Of the amounts provided, $18,755,000 is for the base program, 
     $500,000 is for the strike force teams initiative proposed in 
     the budget, and $500,000 is for the trade enforcement and 
     compliance initiative proposed in the budget.
       Import Administration.--The conference agreement provides 
     $32,473,000 for the Import Administration.
       U.S. and Foreign Commercial Service (U.S. & FCS).--The 
     conference agreement includes $186,693,000 for the programs 
     of the U.S. & FCS, to maintain the current level of 
     operations. The conferees concur with language in the House 
     report concerning the Rural Export Initiative and the Global 
     Diversity Initiative.
       Executive Direction and Administration.--The conference 
     agreement includes $12,206,000 for the administrative and 
     policy functions of the ITA. This amount does not include 
     funding requested for transfer to centralized services.
       ITA should also follow the direction included in the House 
     report regarding trade missions, and the direction in the 
     Senate report relating to the Hannover World Fair. ITA is 
     also expected to follow the direction and submit the reports 
     referenced in both the House and Senate reports relating to 
     foreign currency exchange rate gains, and to provide the 
     report on trade show revenues requested in the House report.

                         Export Administration


                     operations and administration

       The conference agreement includes $54,038,000 for the 
     Bureau of Export Administration (BXA), instead of $49,527,000 
     as proposed in the House bill and $55,931,000 as proposed in 
     the Senate bill. The conference agreement assumes $739,000 
     will be available from prior year carryover, resulting in 
     total availability of $54,777,000. Of this amount, 
     $23,878,000 is for Export Administration, including a program 
     increase of $750,000 for Chemical Weapons Convention 
     inspection activities; $23,534,000 is for Export Enforcement, 
     including a program increase of $500,000 for computer export 
     verification; $4,365,000 is for Management and Policy 
     Coordination, including a program increase of $1,000,000 for 
     the redesign and replacement of the Export Control Automated 
     Support System; and $3,000,000 is for the Critical 
     Infrastructure Assurance Office (CIAO).
       The CIAO was created by Presidential Decision Directive 63 
     (PDD-63) as an interim agency to facilitate coordination and 
     integration among Federal agencies as those agencies develop 
     and implement their own critical infrastructure protection 
     and awareness plans. The conferees are concerned that the 
     fiscal year 2000 budget for the CIAO proposes a number of 
     initiatives which would expand the role of the CIAO beyond 
     its coordination and integration function, and create new 
     programs and activities which may be duplicative of 
     activities and responsibilities assigned to other Federal 
     agencies. The conferees believe the amount provided, which 
     also reflects the fact that, in fiscal year 2000, 25 staff 
     detailed from other agencies will now be provided to the 
     CIAO on a non-reimbursable basis, will enable the CIAO to 
     perform its functions as provided for in PDD-63. The 
     conferees expect the CIAO to provide a spending plan for 
     fiscal year 2000 to the Committees on Appropriations no 
     later than December 1, 1999.
       The conference agreement does not include language included 
     in the Senate bill, allowing funds to be used for rental of 
     space abroad and expenses of alteration, repair, or 
     improvement.

                  Economic Development Administration


                economic development assistance programs

       The conference agreement includes $361,879,000 for Economic 
     Development Administration grant programs, instead of 
     $364,379,000 as proposed in the House bill, and $203,379,000 
     as proposed in the Senate bill.
       Of the amounts provided, $205,850,000 is for Public Works 
     and Economic Development, $34,629,000 is for Economic 
     Adjustment Assistance, $77,300,000 is for Defense Conversion, 
     $24,000,000 is for Planning, $9,100,000 is for Technical 
     Assistance, including University Centers, $10,500,000 is for 
     Trade Adjustment Assistance, and $500,000 is for Research. 
     EDA is expected to allocate this funding in accordance with 
     the direction included in the House report.
       The conference agreement does not include language included 
     in the House bill relating to attorneys' fees, since that 
     language was included in the EDA reauthorization legislation 
     (P.L. 105-393) enacted in 1998. The conference agreement 
     makes funding under this account available until expended, as 
     proposed in the Senate bill.


                         salaries and expenses

       The conference agreement includes $26,500,000 for salaries 
     and expenses of the EDA, instead of $24,000,000 as proposed 
     in the House bill, and $24,937,000 included in the Senate 
     bill. This funding is to enable EDA to maintain its existing 
     level of operations, which in the past has been partially 
     funded by non-appropriated sources of funding that are not 
     expected to be available in fiscal year 2000.

                  Minority Business Development Agency


                     minority business development

       The conference agreement includes $27,314,000 for the 
     programs of the Minority Business Development Agency (MBDA), 
     instead of $27,000,000 included in the House bill and 
     $27,627,000 included in the Senate bill. The conference 
     agreement assumes that MBDA will continue its support for the 
     Entrepreneurial Technology Apprenticeship Program at the 
     current level, as directed in the House report.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

                   Economic and Statistical Analysis


                         salaries and expenses

       The conferees have provided $49,499,000 for salaries and 
     expenses of the activities funded under the Economic and 
     Statistical Analysis account, instead of $48,490,000 as 
     proposed in the House bill and $51,158,000 as proposed in the 
     Senate bill. The conferees support the Bureau of Economic 
     Analysis' initiative of updating and improving statistical 
     measurements of the U.S. economy and its measurement of 
     international transactions. The conference agreement concurs 
     with the directive included in the House report regarding the 
     Integrated Environmental-Economic Accounting initiative.
       The travel and tourism industry makes a substantial 
     contribution to the economy. A satellite account for travel 
     and tourism has the potential to provide objective, thorough 
     data to inform policy decisions. The Bureau is directed to 
     provide a report on the advisability, utility, and 
     relative priority of establishing a satellite account for 
     travel and tourism by March 1, 2000.

                          Bureau of the Census

       The conference agreement includes a total of $4,758,573,000 
     for the Bureau of the Census for fiscal year 2000, of which 
     $4,476,253,000 is provided as an emergency appropriation, 
     instead of $4,754,720,000 as proposed in the House bill, of 
     which $4,476,253,000 was proposed as an emergency 
     appropriation, and $3,071,698,000 as proposed in the Senate 
     bill as a direct appropriation.


                         salaries and expenses

       The conference agreement includes $140,000,000 for the 
     Salaries and Expenses of the Bureau of the Census for fiscal 
     year 2000, instead of $136,147,000 as proposed in the House 
     bill, and $156,944,000 as proposed in the Senate bill.


                     periodic censuses and programs

       The conference agreement includes $4,618,573,000, of which 
     $4,476,253,000 is an emergency appropriation, as proposed in 
     the House bill, instead of $2,914,754,000 in direct 
     appropriations as proposed in the Senate bill.
       Decennial Census Programs.--The conference agreement 
     includes an emergency appropriation of $4,476,253,000 for the 
     2000 decennial census as proposed in the House bill, instead 
     of $2,764,545,000 in direct appropriations as proposed in the 
     Senate bill. The following represents the distribution of 
     funds provided for the 2000 Census:

Program Development and Management..........................$20,240,000
Data Content and Products...................................194,623,000
Field Data Collection and Support Systems.................3,449,952,000
Address List Development.....................................43,663,000
Automated Data Process and Telecommunications Support.......477,379,000
Testing and Evaluation.......................................15,988,000
Puerto Rico, Virgin Islands and Pacific Areas................71,416,000
Marketing, Communications and Partnerships..................199,492,000
Census Monitoring Board.......................................3,500,000
                                                       ________________
                                                       
    Total, Decennial Census...............................4,476,253,000

       The conference agreement does not provide funding for the 
     Continuous Measurement program in the decennial census 
     program as proposed in the Senate bill, but instead continues 
     funding for this program under Other Periodic Programs as 
     proposed in the House bill.
       The conferees share the concerns expressed in the House 
     report regarding the Bureau's ability to accurately project 
     its funding requirements, and provide timely information 
     regarding its needs to the Committees. The conferees expect 
     the Bureau to follow the direction included in the House 
     report requiring monthly reports on the obligation of funds 
     against each framework. The conferees remind the Bureau that 
     reallocation of resources among the frameworks listed above 
     are subject to the requirements of section 605 of this Act.
       The conferees remain concerned about the implementation of 
     the decennial census in areas like Alaska, where most of the 
     State is not accessible by road and many people speak 
     languages other than English. The conferees encourage the 
     Bureau to continue working with all interested parties in 
     Alaska to ensure that full and complete census data is 
     received from remote locations and the State's migratory 
     populations.
       In addition, the conferees encourage the Bureau to continue 
     to explore the possible use of data collected in the 
     decennial census from Puerto Rico in national summary data

[[Page H12294]]

     products and expect the Bureau to report to the Committees as 
     directed in the House report. The conference agreement adopts 
     by reference the House report language regarding enumeration 
     of deaf persons in the 2000 Census.
       The conference agreement includes language designating the 
     amounts provided for each decennial framework as proposed in 
     the House bill. Should the operational needs of the decennial 
     census necessitate the transfer of funds between these 
     frameworks, the Bureau may transfer such funds as 
     necessary subject to modified transfer and reprogramming 
     procedures. Language is also included designating the 
     entire amount provided for the decennial census as an 
     emergency requirement as proposed in the House bill. The 
     Senate bill did not contain similar provisions. In 
     addition, the conference agreement includes language 
     designating funding under this account for the expenses of 
     the Census Monitoring Board as proposed in the House bill. 
     The Senate bill did not include a similar provision, but 
     instead included funding for the Board as a separate 
     appropriation under Title V.
       Other Periodic Programs.--The conference agreement includes 
     $142,320,000 for other periodic censuses and programs as 
     proposed in the House bill, instead of $125,209,000 as 
     proposed in the Senate bill. The following table represents 
     the distribution of funds provided for other non-decennial 
     periodic censuses and related programs:

Economic Censuses...........................................$46,444,000
Census of Governments.........................................3,735,000
Intercensal Demographic Estimates.............................5,260,000
Continuous Measurement.......................................20,000,000
Demographic Survey Sample Redesign............................4,478,000
Electronic Information Collection (CASIC).....................6,000,000
Geographic Support...........................................33,406,000
Data Processing Systems......................................22,997,000
                                                       ________________
                                                       
    Total...................................................142,320,000

       National Telecommunications and Information Administration


                         salaries and expenses

       The conference agreement includes $10,975,000 for National 
     Telecommunications and Information Administration (NTIA) 
     salaries and expenses, instead of $10,940,000 as proposed in 
     the House bill, and $11,009,000 as proposed in the Senate 
     bill. The conference agreement assumes that NTIA will receive 
     an additional $20,844,000 through reimbursements from other 
     agencies for the costs of providing spectrum management, 
     analysis and research services to those agencies.
       The conferees direct the General Accounting Office to 
     review the relationship between the Department of Commerce 
     and the Internet Corporation for Assigned Names and Numbers 
     (ICANN) and to issue a report no later than June, 2000. The 
     conferees request that GAO review: (1) the legal basis for 
     the selection of U.S. representatives to ICANN's interim 
     board and for the expenditure of funds by the Department for 
     the costs of U.S. representation and participation in ICANN's 
     proceedings; (2) whether U.S. participation in ICANN 
     proceedings is consistent with U.S. law, including the 
     Administrative Procedures Act; (3) a legal analysis of the 
     Department of Commerce's opinion that OMB Circular A-25 
     provides ICANN, as a ``project partner'' with the Department 
     of Commerce, authority to impose fees on Internet users for 
     ICANN's operating costs; and (4) whether the Department has 
     the legal authority to transfer control of the authoritative 
     root server to ICANN. In addition, the conferees seek GAO's 
     evaluation and recommendations regarding placing 
     responsibility for U.S. participation in ICANN under the 
     National Institute of Standards and Technology rather than 
     NTIA, and request that GAO review the adequacy of security 
     arrangements under existing Departmental cooperative 
     agreements.


    public telecommunications facilities, planning and construction

       The conference agreement includes $26,500,000 for the 
     Public Telecommunications Facilities, Planning and 
     Construction (PTFP) program, instead of $18,000,000 as 
     proposed in the House bill, and $30,000,000 as proposed in 
     the Senate bill. NTIA is expected to use this funding for the 
     existing equipment and facilities replacement program, and 
     to maintain an acceptable balance between traditional 
     grants and those stations converting to digital 
     broadcasting.
       The conference agreement contains language, similar to a 
     provision carried in fiscal year 1999, permanently making the 
     Pan-Pacific Education and Communications Experiments by 
     Satellite (PEACESAT) program eligible to compete for funding 
     under this account, as proposed in the Senate bill.
       The conference agreement retains the statutory citation for 
     the program as proposed in the House bill, instead of the 
     citations proposed in the Senate bill.


                   information infrastructure grants

       The conference agreement includes $15,500,000 for NTIA's 
     Information Infrastructure Grant program, instead of 
     $13,000,000 as proposed in the House bill, and $18,102,000 as 
     proposed in the Senate bill.
       The conferees concur with both the House and Senate 
     reports, which identify overlap between funding provided 
     under this program and funding provided under Department of 
     Justice, Office of Justice Programs, with respect to law 
     enforcement communication and information networks, and which 
     recommend that this program not be used to fund projects for 
     which other sources of funding are available. The conferees 
     also concur with language in the House report emphasizing the 
     importance of increased telecommunications access in areas 
     where service is not readily available and where assistance 
     is not available through other mechanisms.

                      Patent and Trademark Office


                         salaries and expenses

       The conference agreement provides a total funding level of 
     $871,000,000 for the Patent and Trademark Office (PTO), 
     instead of $851,538,000 as proposed in the House bill, and 
     $901,750,000 as proposed in the Senate bill. Of this amount, 
     $755,000,000 is to be derived from fiscal year 2000 
     offsetting fee collections, and $116,000,000 is to be derived 
     from carryover of prior year fee collections. This amount 
     represents an increase of $86,000,000, or 11%, above the 
     fiscal year 1999 operating level of the PTO.
       The conference agreement includes language limiting the 
     amount of carryover that may be obligated in fiscal year 2000 
     to $116,000,000, to conform to recently enacted authorization 
     legislation, as proposed in the House bill.
       The conference agreement also includes new language 
     limiting the amount of fees in excess of $755,000,000 that 
     becomes available for obligation on October 1, 2000 to 
     $229,000,000.
       The PTO is expected to follow the direction included in the 
     House report concerning its partnership with the National 
     Inventor's Hall of Fame and Inventure Place.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration


       under secretary for technology/office of technology policy

                         salaries and expenses

       The conference agreement includes $7,972,000 for the 
     Technology Administration, as proposed in both the House and 
     Senate bills. No funds are made available beyond fiscal year 
     2000, as proposed in the House bill, instead of $600,000 made 
     available through fiscal year 2001, as proposed in the Senate 
     bill. The conferees concur with the direction contained in 
     both the House and Senate reports.

             National Institute of Standards and Technology


             scientific and technical research and services

       The conference agreement includes $283,132,000 for the 
     internal (core) research account of the National Institute of 
     Standards and Technology, instead of $280,136,000 as proposed 
     in the House bill, and $288,128,000 as proposed in the Senate 
     bill.
       The conference agreement provides funds for the core 
     research programs of NIST as follows:

Electronics and Electrical Engineering......................$38,771,000
Manufacturing Engineering....................................19,560,000
Chemical Science and Technology..............................32,493,000
Physics......................................................28,697,000
Material Sciences and Engineering............................52,010,000
Building and Fire Research...................................15,331,000
Computer Science and Applied Mathematics.....................45,352,000
Technology Assistance........................................17,723,000
Baldrige Quality Awards.......................................4,958,000
Research Support.............................................29,237,000
                                                             __________
                                                             
    Subtotal, STRS..........................................284,132,000
Deobligations...............................................(1,000,000)
                                                             __________
                                                             
    Total, STRS.............................................283,132,000

       The increase provided in the conference agreement above 
     fiscal year 1999 is largely to fund increases in base 
     requirements. The conference agreement also includes 
     sufficient funding for selected program increases for the 
     highest priority programs in computer science and applied 
     mathematics and in technology assistance, and $1,600,000 to 
     continue the disaster research program on effects of 
     windstorms on protective structures and other technologies 
     begun in fiscal year 1998. NIST is directed to follow the 
     guidance included in the House report regarding the placement 
     of NIST personnel overseas.


                     industrial technology services

       The conference agreement includes $247,436,000 for the NIST 
     external research account instead of $99,836,000 as proposed 
     in the House bill, and $336,336,000 as proposed in the Senate 
     bill.
       Manufacturing Extension Partnership Program.--The 
     conference agreement includes $104,836,000 for the 
     Manufacturing Extension Partnership Program (MEP), instead of 
     $99,836,000 as proposed in the House bill, and $109,836,000 
     as proposed in the Senate bill. The conference agreement does 
     not contain the limitation on a Center's level of funding 
     proposed in the House bill.
       The conferees concur with the Senate direction that the 
     Northern Great Plains Initiative e-commerce project should 
     assist small manufacturers for marketing and business 
     development purposes in rural areas.
       Advanced Technology Program.--The conference agreement 
     includes $142,600,000 for

[[Page H12295]]

     the Advanced Technology Program (ATP), instead of 
     $226,500,000 as proposed in the Senate bill, and no funding 
     as proposed in the House bill. This is $60,900,000 below the 
     fiscal year 1999 appropriation, and $96,100,000 below the 
     original request. At the end of fiscal year 1999, the 
     Administration revised the overall level requested for the 
     program downward from $251,500,000 to $215,000,000, in part 
     because the amount awarded for new grants in fiscal year 1999 
     totaled $41,500,000, which was $24,500,000 below the amount 
     available for new awards. The amount of carryover into fiscal 
     year 2000 was also substantially higher than had been 
     anticipated. The requested level of new awards for fiscal 
     year 2000 was also revised downward from $73,000,000 to 
     $54,700,000. The funding levels contained in the conference 
     agreement were considered in response to that revised 
     request.
       The recommendation provides the following: (1) $115,100,000 
     for continued funding requirements for awards made in fiscal 
     years 1996, 1997, 1998, and 1999, to be derived from 
     $46,700,000 in fiscal year 2000 funding, $64,600,000 from 
     excess balances available from prior years, and $3,800,000 in 
     anticipated deobligations in fiscal year 2000; (2) 
     $50,700,000 for new awards in fiscal year 2000; and (3) 
     $45,200,000 for administration, internal NIST lab support and 
     Small Business Innovation Research requirements.
       The conference agreement permits up to $500,000 of funding 
     to be transferred to the Working Capital Fund, as proposed in 
     the Senate bill.


                  construction of research facilities

       The conference agreement provides $108,414,000 for 
     construction, renovation and maintenance of NIST facilities, 
     instead of $56,714,000 as proposed in the House bill, and 
     $117,500,000 as proposed in the Senate bill.
       Of this amount, $84,916,000 is for construction of the 
     Advanced Metrology Laboratory. This will provide the balance 
     of funds needed to initiate construction. Total funding 
     available for construction, including funding provided in 
     previous years, is $203,300,000. The conference agreement 
     includes bill language making the $84,916,000 provided for 
     this Laboratory available upon submission of a spending plan 
     in accordance with Section 605 of this Act.
       In addition, $11,798,000 is provided for safety, capacity, 
     maintenance and major repair of NIST facilities.
       In addition, $11,700,000 is provided for grants and 
     cooperative agreements.

            National Oceanic and Atmospheric Administration

       The conference agreement provides a total funding level of 
     $2,343,736,000 for all programs of the National Oceanic and 
     Atmospheric Administration (NOAA), instead of $1,956,838,000 
     as proposed by the House, and $2,556,876,000 as proposed by 
     the Senate. Of these amounts, the conferees have included 
     $1,688,189,000 in the Operations, Research, and Facilities 
     (ORF) account, $596,067,000 in the Procurement, Acquisition 
     and Construction (PAC) account, and $59,480,000 in other NOAA 
     accounts.


                  operations, research, and facilities

                     (including transfers of funds)

       The conference agreement includes $1,688,189,000 for the 
     Operations, Research, and Facilities account of the National 
     Oceanic and Atmospheric Administration instead of 
     $1,475,128,000 as proposed by the House, and $1,783,118,000 
     as proposed by the Senate.
       In addition to the new budget authority provided, the 
     conference agreement allows a transfer of $68,000,000 from 
     balances in the account titled ``Promote and Develop Fishery 
     Products and Research Related to American Fisheries'', 
     instead of $67,226,000 as proposed by the House, and instead 
     of $66,426,000 as proposed by the Senate. In addition, the 
     conference agreement reflects prior year deobligations 
     totaling $36,000,000, unobligated balances of $2,652,000, and 
     $4,000,000 in offsets from fee collections.
       The conference agreement does not include language proposed 
     in the House bill designating the amounts provided under this 
     account for the six NOAA line offices. The Senate bill 
     contained no similar provision.
       The conference agreement includes language, as proposed by 
     the House, which was adopted in the fiscal year 1999 
     appropriations Act, designating the amounts available for 
     Executive Direction and Administration, and prohibiting 
     augmentation of such offices through formal or informal 
     personnel details, transfers, or reimbursements above the 
     current level.
       The conference agreement does not include or assume 
     language proposed by the House, making the use of deobligated 
     balances subject to standard reprogramming procedures. The 
     conferees direct that any use of deobligations over and above 
     the $36,000,000 assumed by the conference agreement will be 
     undertaken only under the procedures set forth in section 605 
     of this Act.
       The conference agreement does not include $34,000,000 in 
     controversial new fisheries and navigation safety fees that 
     were proposed in the budget request, although no details on 
     the proposal were forthcoming. The House bill did not 
     legislate the fees, but did assume the revenue from those 
     fees would be available.
       Budgetary and Financial Matters.--Language in the House 
     report is adopted by reference relating to: (1) a revised 
     budget structure, with the requested reports due by February 
     1, 2000; and (2) an operating plan for expenditure of funds, 
     with the report due 60 days after the date of enactment.
       Peer Review.--Language in the House report requiring peer 
     review of all NOAA research is adopted by reference.
       NOAA Commissioned Corps.--The conference agreement does not 
     include bill language, as proposed by the House, setting a 
     ceiling on the number of commissioned corps officers at not 
     more than 250 by September 30, 2000. The Senate bill did not 
     include a similar provision. With respect to the commissioned 
     corps, as it is authorized by P.L. 105-384, the conferees 
     understand that NOAA plans to reach a level of about 250 
     officers by the end of the fiscal year, up from the current 
     level of 224, and expect to be notified if plans change 
     significantly from that level.
       The conference agreement includes language proposed by the 
     House, providing such funds as may be necessary for NOAA 
     commissioned corps retirement costs.
       The conference agreement does not include a provision, as 
     proposed by the Senate, permitting the Secretary to have NOAA 
     occupy and operate research facilities at Lafayette, 
     Louisiana.
       NOAA is directed to report by March 1, 2000, on any 
     requirement for new space for NOAA employees in the Gulf of 
     Mexico area, including an explanation of the need for such 
     space, and options for, and estimated costs of, obtaining the 
     space. The report should also address the existing space that 
     NOAA occupies in the area, and what would happen to the 
     existing space.
       The following table reflects the distribution of the funds 
     provided in this conference agreement:

     NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION--OPERATIONS, RESEARCH AND FACILITIES--FISCAL YEAR 2000
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                        FY00
                                            FY99 enacted  FY00 request   FY00 House    FY00 Senate   conference
----------------------------------------------------------------------------------------------------------------
          NATIONAL OCEAN SERVICE
 
Navigation Services:
    Mapping and Charting..................       34,260        33,335        32,100        36,335        35,298
    Address Survey Backlog................       14,000        14,900        14,000        14,900        18,900
                                           ---------------------------------------------------------------------
      Subtotal............................       48,260        48,235        46,100        51,235        54,198
Geodesy...................................       19,659        19,849        19,659        21,415        20,159
Tide and Current Data.....................       12,000        14,883        12,390        15,273        12,390
Acquisition of Data.......................       14,546        17,726        14,546        17,726        15,546
                                           ---------------------------------------------------------------------
      Total, Navigation Services..........       94,465       100,693        92,695       105,649       102,293
                                           =====================================================================
Ocean Resources Conservation and
 Assessment:
    Ocean Assessment Program..............       42,611        46,281        26,861        52,681        44,846
    GLERL.................................  ............        6,085   ............        6,825   ............
    Transfer from Damage Assessment Fund..        5,683   ............  ............  ............  ............
    Response and Restoration..............        8,774        19,884         8,774        15,884        15,329
    Oceanic and Coastal Research..........        7,410         7,970         5,410         9,470         8,470
                                           ---------------------------------------------------------------------
      Subtotal--Estuarine & Coastal              64,478        80,220        41,045        84,860        68,645
       Assessment.........................
Coastal Ocean Program.....................       18,400        19,430        18,200        18,430        17,200
                                           ---------------------------------------------------------------------
      Total, Ocean Resources Conservation        82,878        99,650        59,245       103,290        85,845
       & Assessment.......................
                                           =====================================================================
Ocean and Coastal Management:
    CZM Grants............................       53,700        55,700        53,700        60,000        54,700
    CZM 310 Grants........................  ............       28,000   ............  ............  ............
    Estuarine Research Reserve System.....        4,300         7,000         5,650         7,000         6,000
    Nonpoint Pollution Control............        4,000         6,000         4,000         1,000         2,500
    Program Administration................        4,500         5,500         4,500         4,500         4,500
                                           ---------------------------------------------------------------------
      Subtotal, Coastal Management........       66,500       102,200        67,850        72,500        67,700

[[Page H12296]]

 
Marine Sanctuary Program..................       14,350        26,000        16,500        18,500        23,000
                                           ---------------------------------------------------------------------
      Total, Ocean & Coastal Management...       80,850       128,200        84,350        91,000        90,700
                                           =====================================================================
      Total, NOS..........................      258,193       328,543       236,290       299,939       278,838
                                           =====================================================================
     NATIONAL MARINE FISHERIES SERVICE
 
Information Collection and Analysis:
        Resource Information..............      106,675        96,918        98,100       112,520       108,348
        Antarctic Research................        1,200         1,200         1,200         1,800         1,234
        Chesapeake Bay Studies............        1,890         1,500         1,890         1,890         1,890
        Right Whale Research..............          350           200           350         4,100   ............
        MARFIN............................        3,000         3,000         2,500         3,000         2,750
        SEAMAP............................        1,200         1,200         1,200         1,200         1,200
        Alaskan Groundfish Surveys........          900           661           661           900           900
        Bering Sea Pollock Research.......          945           945           945           945           945
        West Coast Groundfish.............          800           780           780           900           820
        New England Stock Depletion.......        1,000         1,000         1,000         1,000         1,000
        Hawaii Stock Management Plan......          500   ............  ............          500           500
        Yukon River Chinook Salmon........          700           700   ............        1,500         1,200
        Atlantic Salmon Research..........          710           710           710           710           710
        Gulf of Maine Groundfish Survey...          567           567           567           567           567
        Dolphin/Yellowfin Tuna Research...          250           250           250           250           250
        Pacific Salmon Treaty Program.....        7,444         5,587         5,587        12,457        17,431
        Hawaiian Monk Seals...............          700           500           500         1,050           750
        Steller Sea Lion Recovery Plan....        2,520         1,440         1,440         4,000         4,000
        Hawaiian Sea Turtles..............          275           248           248           300           285
        Bluefish/Striped Bass.............        1,000   ............        1,000   ............        1,000
        Halibut/Sablefish.................        1,200         1,200         1,200         1,200         1,200
        Narragansett Bay Coop Study.......  ............  ............  ............          806   ............
                                           ---------------------------------------------------------------------
          Subtotal........................      133,826       118,606       120,128       151,595       146,980
                                           =====================================================================
Fishery Industry Information:
    Fish Statistics.......................       13,000        14,257        13,000        14,257        13,000
    Alaska Groundfish Monitoring..........        5,500         5,200         5,200         6,325         5,500
    PACFIN/Catch Effort Data..............        4,700         3,000         4,700         3,000         3,000
    AKFIN (Alaska Fishery Information       ............  ............  ............        3,000         2,500
     Network).............................
    RECFIN................................        3,900         3,100         3,100         3,900         3,700
    GULF FIN Data Collection Effort.......        3,000   ............        3,000         4,000         3,500
                                           ---------------------------------------------------------------------
      Subtotal............................       30,100        25,557        29,000        34,482        31,200
                                           =====================================================================
Information Analyses and Dissemination....       20,900        21,342        20,400        21,342        20,900
Computer Hardware and Software............        4,000         4,000           750         4,000         3,500
                                           ---------------------------------------------------------------------
      Subtotal............................       24,900        25,342        21,150        25,342        24,400
                                           =====================================================================
Acquisition of Data.......................       25,098        25,488        25,098        25,488        25,943
                                           =====================================================================
      Total, Information, Collection, and       213,924       194,993       195,376       236,907       228,523
       Analyses...........................
                                           =====================================================================
Conservation and Management Operations:
    Fisheries Management Programs.........       29,900        32,687        29,770        44,337        39,060
        Columbia River Hatcheries.........       13,600        11,400        11,400        15,420        12,055
        Columbia River Endangered Species.          288           288           288           288           288
        Regional Councils.................       13,000        13,300        12,800        13,300        13,150
        International Fisheries                     400           400           400           400           400
         Commissions......................
        Management of George's Bank.......          478           478           478           478           478
        Pacific Tuna Management...........        2,300         1,250         1,250         3,000         2,300
        Fisheries Habitat Restoration.....  ............       22,700   ............        1,000         2,000
        NE Fisheries Management...........        1,880         5,180         1,880         8,000         6,000
                                           ---------------------------------------------------------------------
          Subtotal, Fisheries Mgmt.              61,846        87,683        58,266        86,223        75,731
           Programs.......................
                                           =====================================================================
    Protected Species Management..........        6,200         9,406         6,200         6,200         6,200
        Driftnet Act Implementation.......        3,378         3,278         3,278         3,650         3,439
        Marine Mammal Protection Act......        7,583         7,225         7,225         8,025         7,583
        Endangered Species Act Recovery          28,000        55,450        25,750        39,750        43,500
         Plan.............................
        Dolphin Encirclement..............        3,300         3,300         3,300         3,300         3,300
        Native Marine Mammals.............          750           700           200         1,150           950
        Observers/Training................        2,650         4,225         2,225         4,650         2,650
                                           ---------------------------------------------------------------------
          Subtotal........................       51,861        83,584        48,178        66,725        67,622
                                           =====================================================================
Habitat Conservation......................        9,000        10,858         9,000        10,858         9,200
Enforcement & Surveillance................       17,775        19,121        17,775        19,121        17,950
                                           =====================================================================
      Total, Conservation, Management &         140,482       201,246       133,219       182,927       170,503
       Operations.........................
                                           =====================================================================
State and Industry Assistance Programs:
    Interjurisdictional Fisheries Grants..        2,600         2,600         2,600         3,100         2,600
    Anadromous Grants.....................        2,100         2,100         2,100         2,100         2,100
    Interstate Fish Commissions...........        7,750         4,000         7,750         7,750         7,750
                                           ---------------------------------------------------------------------
      Subtotal............................       12,450         8,700        12,450        12,950        12,450
                                           =====================================================================
Fisheries Development Program:
    Product Quality and Safety/Seafood            9,824         8,328         9,500         8,328         9,500
     Inspection...........................
    Hawaiian Fisheries Development........          750   ............  ............          750           750
    NE Safe Seafood Program...............  ............  ............  ............          300   ............
                                           ---------------------------------------------------------------------
      Subtotal............................       10,574         8,328         9,500         9,378        10,250
                                           =====================================================================
      Total, State and Industry Programs..       23,024        17,028        21,950        22,328        22,700
                                           =====================================================================
      Total, NMFS.........................      377,430       413,267       350,545       442,162       421,726
                                           =====================================================================
     OCEANIC AND ATMOSPHERIC RESEARCH
 
Climate and Air Quality Research:
    Interannual & Seasonal................       14,900        16,900        12,900        18,900        16,900
    Climate & Global Change Research......       63,000        69,700        63,000        77,200        67,000
    GLOBE.................................        2,500         5,000   ............        2,500         3,000
                                           ---------------------------------------------------------------------
      Subtotal............................       80,400        91,600        75,900        98,600        86,900
                                           =====================================================================

[[Page H12297]]

 
    Long-term Climate & Air Quality              30,000        34,600        30,000        32,000        30,000
     Research.............................
    Information Technology................       12,000        13,500        12,000        13,500        12,750
                                           ---------------------------------------------------------------------
      Subtotal............................       42,000        48,100        42,000        45,500        42,750
                                           =====================================================================
      Total, Climate and Air Quality            122,400       139,700       117,900       144,100       129,650
       Research...........................
                                           =====================================================================
Atmospheric Programs:
    Weather Research......................       36,100        36,600        34,600        38,100        37,350
    STORM.................................  ............  ............  ............        2,000         2,000
    Wind Profiler.........................        4,350         4,350         4,350         4,350         4,350
                                           ---------------------------------------------------------------------
      Subtotal............................       40,450        40,950        38,950        44,450        43,700
    Solar/Geomagnetic Research............        6,000         6,100         6,000         7,100         7,000
                                           ---------------------------------------------------------------------
      Total, Atmospheric Programs.........       46,450        47,050        44,950        51,550        50,700
                                           =====================================================================
Ocean and Great Lakes Programs:
    Marine Research Prediction............       26,801        22,300        19,501        36,190        27,325
    GLERL.................................        6,825   ............        6,825   ............        6,825
    Sea Grant Program.....................       57,500        51,500        58,500        60,500        59,250
    National Undersea Research Program....       14,550         9,000   ............       14,550        13,800
                                           ---------------------------------------------------------------------
      Total, Ocean and Great Lakes              105,676        82,800        84,826       111,240       107,200
       Programs...........................
                                           =====================================================================
Acquisition of Data.......................       12,884        13,020        12,884        13,020        12,952
                                           =====================================================================
      Total, OAR..........................      287,410       282,570       260,560       319,910       300,502
                                           =====================================================================
         NATIONAL WEATHER SERVICE
 
Operations and Research:
    Local Warnings and Forecasts..........      357,034       450,411       441,693       452,271       444,487
    MARDI.................................       64,036   ............  ............  ............  ............
    Radiosonde Replacement................        2,000   ............        2,000   ............  ............
    Susquehanna River Basin flood system..        1,250           619         1,250         1,000         1,125
    Aviation forecasts....................       35,596        35,596        35,596        35,596        35,596
    Advanced Hydrological Prediction        ............        2,200         1,000         2,200         1,000
     System...............................
    WFO Maintenance.......................  ............  ............  ............        4,000         3,250
                                           ---------------------------------------------------------------------
      Subtotal............................      459,916       488,826       481,539       495,067       485,458
                                           =====================================================================
Central Forecast Guidance.................       35,574        37,081        37,081        37,081        37,081
Atmospheric and Hydrological Research.....        2,964         3,090         2,964         3,090         3,000
                                           =====================================================================
      Total, Operations and Research......      498,454       528,997       521,584       535,238       525,539
                                           =====================================================================
Systems Acquisition:
    Public Warnings and Forecast Systems:
        NEXRAD............................       38,346        39,325        38,346        39,325        38,836
        ASOS..............................        7,116         7,573         7,116         7,573         7,345
        AWIPS/NOAA Port...................       12,189        38,002        32,150        38,002        32,150
        Computer Facilities Upgrades......        4,600   ............  ............  ............  ............
                                           ---------------------------------------------------------------------
          Total, Systems Acquisition......       62,251        84,900        77,612        84,900        78,331
                                           =====================================================================
          Total, NWS......................      560,705       613,897       599,196       620,138       603,870
                                           =====================================================================
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND
            INFORMATION SERVICE
 
Satellite Observing Systems:
    Ocean Remote Sensing..................        4,000         4,000   ............        4,000         4,000
    Environmental Observing Systems.......       53,300        53,236        50,800        55,736        53,300
    Global Disaster Information Network...  ............        2,000   ............        2,000   ............
                                           ---------------------------------------------------------------------
      Total, Satellite Observing Systems..       57,300        59,236        50,800        61,736        57,300
                                           =====================================================================
    Environmental Data Management Systems.       33,550        31,521        35,021        34,521        38,700
    Data and Information Services.........       16,335        12,335        12,335        12,335        12,335
    Regional Climate Centers..............        2,700   ............        2,500         3,000         2,750
                                           ---------------------------------------------------------------------
      Total, EDMS.........................       52,635        43,856        49,856        49,856        53,785
                                           =====================================================================
      Total, NESDIS.......................      109,935       103,092       100,656       111,592       111,085
                                           =====================================================================
              PROGRAM SUPPORT
 
Administration and Services:
    Executive Direction and Administration       19,200        19,573        19,200        19,573        19,387
    Systems Acquisition Office............          700           712           700           712           712
                                           ---------------------------------------------------------------------
      Subtotal............................       19,900        20,285        19,900        20,285        20,099
    Central Administrative Support........       31,850        42,583        28,850        41,583        36,350
    Retired Pay Commissioned Officers.....        7,000   ............  ............  ............  ............
                                           ---------------------------------------------------------------------
      Total, Administration and Services..       58,750        62,868        48,750        61,868        56,449
    Aircraft Services.....................       10,500        11,019        10,500        11,019        10,760
    Rent Savings..........................  ............       (4,656)       (4,656)  ............       (4,656)
                                           ---------------------------------------------------------------------
      Total, Program Support..............       69,250        69,231        54,594        72,887        62,553
                                           =====================================================================
FLEET PLANNING AND MAINTENANCE............       11,600         9,243         7,000        13,243        13,243
Facilities:
    NOAA Facilities Maintenance...........        1,650         1,818         1,800         1,818         1,809
    NCEP/NORMAN Space Planning............          150   ............  ............  ............  ............
    Environmental Compliance..............        2,000         3,899         2,000         3,899         2,000
    Sandy Hook Lease......................        2,000   ............  ............  ............  ............
    WFO Maintenance.......................        3,000         4,000         3,000   ............  ............
    NMFS Facilities Management............  ............        3,800   ............  ............  ............
    Columbia River Facilities.............        4,465         3,365         3,365   ............        3,365
    Boulder Facilities Operations.........  ............        3,850   ............        3,850         3,850
    NARA Records Mgmt.....................  ............          262   ............          262   ............
                                           ---------------------------------------------------------------------
      Total, Facilities...................       13,265        20,994        10,165         9,829        11,024
                                           =====================================================================
Direct Obligations........................    1,687,788     1,840,837     1,619,006     1,889,700     1,802,841
                                           =====================================================================
Offset for Fee Collections................  ............  ............  ............       (4,000)       (4,000)
Reimbursable Obligations..................      195,767       195,767       195,767       195,767       195,767

[[Page H12298]]

 
Offsetting Collections (data sales).......        3,600         3,600         3,600         3,600         3,600
Offsetting Collections (fish fees/IFQ CDQ)        4,000         4,000         4,000         4,000         4,000
                                           ---------------------------------------------------------------------
      Subtotal, Reimbursables.............      203,367       203,367       203,367       199,367       199,367
                                           =====================================================================
      Total, Obligations..................    1,891,155     2,044,204     1,822,373     2,089,067     2,002,208
                                           =====================================================================
Financing:
    Deobligations.........................      (33,000)      (33,000)      (36,000)      (33,000)      (36,000)
    Unobligated Balance transferred, net..         (969)  ............       (2,652)  ............       (2,652)
    Coastal Zone Management Fund..........       (4,000)  ............       (4,000)  ............  ............
    Offsetting Collections (data sales)...       (3,600)       (3,600)       (3,600)       (3,600)       (3,600)
    Offsetting Collections (fish fees/IFQ   ............       (4,000)       (4,000)       (4,000)       (4,000)
     CDQ).................................
    Anticipated Offsetting Collections           (4,000)      (20,000)      (20,000)  ............  ............
     (fish fees)..........................
    Anticipated Offsetting Collections      ............      (14,000)      (14,000)  ............  ............
     (navigation fees)....................
    Rent savings to finance Goddard.......  ............  ............  ............       (4,656)  ............
    Federal Funds.........................     (134,927)     (134,927)     (134,927)     (172,000)     (134,927)
    Non-federal Funds.....................      (60,840)      (60,840)      (60,840)      (23,767)      (60,840)
                                           ---------------------------------------------------------------------
      Subtotal, Financing.................     (241,336)     (270,367)     (280,019)     (241,023)     (242,019)
                                           =====================================================================
Budget Authority..........................    1,649,819     1,773,837     1,542,354     1,848,044     1,760,189
                                           =====================================================================
Financing from:
    Promote and Develop American Fisheries      (63,381)      (64,926)      (67,226)      (66,426)      (68,000)
    Damage Assess. & Restor. Revolving           (4,714)  ............  ............  ............  ............
     Fund.................................
    Coastal Zone Management Fund..........  ............       (4,000)  ............       (4,000)       (4,000)
                                           ---------------------------------------------------------------------
      Subtotal, ORF.......................    1,581,724     1,704,911     1,475,128     1,777,618     1,688,189
                                           =====================================================================
By Transfer from Coastal Zone Management    ............        4,000   ............  ............  ............
 Fund.....................................
                                           =====================================================================
      Direct Appropriation, ORF...........    1,581,724     1,708,911     1,475,128     1,777,618     1,688,189
----------------------------------------------------------------------------------------------------------------

       The following narrative provides additional information 
     related to certain items included in the preceding table.


                         NATIONAL OCEAN SERVICE

       The conferees have provided a total of $278,838,000 under 
     this account for the activities of the National Ocean Service 
     (NOS), instead of $236,290,000 as recommended by the House, 
     and $299,939,000 as recommended by the Senate.
       Mapping and Charting.--The conference agreement provides 
     $35,298,000 for NOAA's mapping and charting programs, 
     reflecting continued commitment to the navigation safety 
     programs of NOS and concerns about the ability of the NOS to 
     continue to meet its mission requirements over the long term. 
     Of this amount, $32,718,000 is provided for the base mapping 
     and charting program. Within the total funding provided under 
     Mapping and Charting, the conference agreement includes 
     $2,580,000 for the joint hydrographic center established in 
     fiscal year 1999.
       The conference agreement also includes $18,900,000 under 
     the line item Address Survey Backlog/Contracts exclusively 
     for contracting out with the private sector for data 
     acquisition needs. This is $4,000,000 above the request and 
     is intended to help keep the level of effort close to fiscal 
     year 1999, when the program had a significant amount of 
     carryover in addition to the fiscal year 1999 funding for the 
     program.
       Geodesy.--The conference agreement provides $20,159,000 for 
     geodesy programs, including $19,159,000 for the base program, 
     $500,000 for initial planning of the National Height System 
     Demonstration, as provided in the House report, and $500,000 
     for the geodetic survey referenced in the Senate report.
       Tide and Current Data.--The conference agreement includes 
     $12,390,000 for this activity, including $12,000,000 for the 
     base program and $390,000 for a one-time Year 2000 fix for 
     Great Lakes Buoys, as provided by both the House and Senate 
     bills.
       Ocean Assessment Program.--The conference agreement 
     includes $44,846,000 for this activity. Within the amounts 
     provided for ocean assessment, the conference agreement 
     includes the following: $12,685,000 for the base program; 
     $15,100,000 for NOAA's Coastal Services Center, of which 
     $2,500,000 is for coastal hazards research and services and 
     development of defense technologies for environmental 
     monitoring, and $100,000 is one-time funding for the 
     Community Sustainability Center, as referenced in the Senate 
     report; $5,800,000 to continue the Cooperative Institute for 
     Coastal and Estuarine Environmental Technology; $900,000 for 
     the South Florida Ecosystem Restoration program; $2,000,000 
     to support coral reef studies in the Pacific and Southeast, 
     of which $1,000,000 is for Hawaiian coral reef monitoring, 
     $500,000 is for reef monitoring in Florida, and $500,000 is 
     for reef monitoring in Puerto Rico, through the Department of 
     Natural Resouces; $3,925,000 for pfisteria and other harmful 
     algal bloom research and monitoring, of which $500,000 is for 
     a pilot project to preemptively address emerging problems 
     prior to the occurrence of harmful blooms, to be carried out 
     by the South Carolina Department of Marine Resources; 
     $2,000,000 for the JASON project and $2,436,000 for the NOAA 
     Beaufort/Oxford Laboratory. In addition, the conference 
     agreement also includes an additional $5,200,000 under Ocean 
     and Coastal Research and the Coastal Ocean Program for 
     research on pfisteria, hypoxia and other harmful algal 
     blooms.
       The conferees direct NOS to evaluate the need and 
     requirements for a collaborative program in Hawaii to develop 
     and transfer innovative applications of technology, remote 
     sensing, and information systems for such activities as 
     mapping, characterization and coastal hazards that will 
     improve the management and restoration of coastal habitat 
     throughout the U.S. Pacific Basin by bringing together 
     government, academic, and private sector partners.
       Office of Response and Restoration.--The conference 
     agreement includes $15,329,000 for this activity, including: 
     $2,674,000 for Estuarine and Coastal Assessment, $5,155,000 
     for Damage Assessment, $1,000,000 in accordance with the Oil 
     Pollution Act of 1990, $6,000,000 for coral reef mapping and 
     debris removal, and $500,000 for Coastal Resource 
     Coordination. These funds may be used for mapping coral 
     reefs; for the management and protection of coral reefs 
     within Federal jurisdiction; and for activities that respond 
     to requests from States and territories for assistance in 
     managing and protecting coral reefs within the jurisdiction 
     of those States and territories.
       Ocean and Coastal Research.--The conference agreement 
     includes $8,470,000 for this activity, which includes the 
     budget request and an additional $500,000 for the Marine 
     Environmental Health Research Laboratory.
       The conference agreement does not include the proposed 
     transfer of the Great Lakes Environmental Research Laboratory 
     (GLERL) from Oceanic and Atmospheric Research to NOS.
       Coastal Ocean Program.--The conference agreement provides 
     $17,200,000 for the Coastal Ocean Program (COP), of which 
     $4,200,000 is provided for research related to hypoxia, 
     pfisteria, and other harmful algal blooms. The managers of 
     COP are directed to follow the direction included in the 
     House report regarding Long Island Sound, as well as the 
     direction included in the Senate report concerning research 
     on small high-salinity estuaries and the land use-coastal 
     ecosystem study. The conference agreement also assumes 
     continued funding at the current level for restoration of the 
     South Florida ecosystem.
       Coastal Zone Management.--The conference agreement includes 
     $67,700,000 for this activity, of which $54,700,000 is for 
     grants under sections 306, 306A, and 309 of the Coastal Zone 
     Management Act (CZMA), an increase of $1,000,000 over fiscal 
     year 1999, and $4,500,000 for Program Administration. In 
     addition, the conference agreement includes $2,500,000 for 
     the Non-Point Pollution program authorized under section 6217 
     of the CZMA. No funding is provided under section 310, as in 
     both the House and Senate bills, because there is no 
     authorization of appropriations to make grants under that 
     section. The conference agreement also includes $6,000,000 
     for the National Estuarine Research Reserve program, an 
     increase of $1,700,000 above fiscal year 1999. The conferees 
     concur with the direction in the House report relating to the 
     assessment of administrative charges under the CZMA.
       Marine Sanctuary Program.--The conference agreement 
     includes $23,000,000 for the National Marine Sanctuary 
     Program, an increase of $8,700,000 over fiscal year 1999. Of 
     this amount, $500,000 is provided to support the activities 
     of the Northwest Straits Citizens Advisory Commission as 
     outlined in the House and Senate reports. In addition, not to 
     exceed $500,000 may be provided in one-time

[[Page H12299]]

     support of the Marine Debris Conference referenced in the 
     Senate report under the National Marine Fisheries Service, 
     with the direction that other contributions from sources 
     outside of NOAA be sought to support the conference.


                   NATIONAL MARINE FISHERIES SERVICE

       The conference agreement includes a total of $421,726,000 
     for the National Marine Fisheries Service (NMFS), instead of 
     $350,545,000, as recommended by the House and $442,162,000, 
     as recommended by the Senate.
       In addition, $4,000,000 is authorized to be collected under 
     the Magnuson-Stevens Act to support the Community and 
     Individual Fishery Quota Program. The conferees recommend 
     $500,000 for the Hawaiian Community Development Program, as 
     referenced in the Senate report.
       Resource Information.--The conference agreement provides 
     $108,348,000 for fisheries resource information. Within the 
     funds provided for resource information, $91,048,000 is 
     provided for the base programs, including $750,000 for west 
     coast groundfish and $3,500,000 for Magnuson-Stevens 
     implementation added in fiscal year 1999, of which $750,000 
     is for a Narragansett Bay Cooperative Study. In addition, 
     NMFS is expected to continue to provide onsite technical 
     assistance to the National Warmwater Aquaculture Research 
     Center under the direction included in the Senate report. The 
     conferees concur with the language in the Senate report 
     regarding any shift of work now performed by the Alaska and 
     Southwest Fisheries Science Centers.
       In addition, within the total funds provided for resource 
     information, the conference agreement includes: $1,750,000 
     for additional implementation of the Magnuson-Stevens Act in 
     the North Pacific as directed in the Senate report, funding 
     for MARMAP at the same level as in the House and Senate, 
     under the direction in the Senate report: $1,700,000 for the 
     Gulf of Mexico Stock Enhancement Consortium, $1,250,000 for 
     research on Alaska near shore fisheries, to be distributed in 
     accordance with the Senate report, $200,000 for an assessment 
     of Atlantic herring and mackerel, $450,000 for the Chesapeake 
     Bay oyster recovery partnership, $300,000 for research on the 
     Charleston bump, $300,000 for research on shrimp pathogens, 
     $150,000 for lobster sampling, $350,000 for bluefin tuna 
     tagging, of which $250,000 is for the northeast; $500,000 for 
     the Chesapeake Bay Multi-species Management Strategy 
     (including blue crab), $200,000 for the Northeast Fisheries 
     Science Center for the Cooperative Marine Education and 
     Research Program, under the direction in the Senate report, 
     and $300,000 for research on Southeastern sea turtles under 
     the direction of the Senate report. In addition, within the 
     amounts provided for Resource Information, $8,000,000 is 
     included to continue the aquatic resources environmental 
     initiative, and $1,000,000 is provided to continue the 
     activities of the Gulf and South Atlantic Fisheries 
     Development Foundation for data collection and analyses in 
     the red snapper and shrimp fisheries. The conferees 
     acknowledge the work being done at the Xiphophorus Genetic 
     Stock Center to improve the understanding of fish genetics 
     and evolution, and urge NMFS to continue to work with the 
     Center in fiscal year 2000. The conferees concur with 
     language in the Senate report encouraging oyster disease 
     research under the Saltonstall-Kennedy research grant 
     program.
       The conferees concur with the language in the House report 
     concerning the migratory shark fishery, and reiterate the 
     request for a report with recommendations for short and long 
     term solutions within 45 days of enactment of this Act. The 
     conferees direct NMFS to continue collaborative research with 
     the Center for Shark Research and other qualified 
     institutions, to provide the information necessary for 
     effective management of the highly migratory shark fishery 
     and conservation of shark fishery resources.
       Under the MARFIN line, $2,500,000 is provided for base 
     activities, and $250,000 is provided for Northeast 
     activities. Funding is also provided for bluefish and striped 
     bass research in accordance with the House report. Funding 
     for right whale research and recovery activities is provided 
     under the Endangered Species line. Under Yukon River Chinook 
     Salmon, $700,000 is provided for base activities, and 
     $500,000 is provided for the Yukon River Drainage Fisheries 
     Association. Under the Pacific Salmon Treaty Program, 
     $5,587,000 is provided for base activities, $1,844,000 is 
     provided for the Chinook Salmon Agreement. In addition, under 
     this line, $10,000,000, subject to express authorization, is 
     provided as the initial capital for the Southern Boundary and 
     Transboundary Rivers Restoration and Enhancement Fund arising 
     out of the June 30, 1999, Agreement of the United States and 
     Canada on the Treaty Between the United States and Canada 
     Concerning Pacific Salmon. The conference agreement includes 
     $4,000,000 for steller sea lion recovery, to be utilized 
     according to the direction in the Senate report.
       Fishery Industry Information.--The conference agreement 
     provides $31,200,000 for this activity. Within the funds 
     provided for Alaska Groundfish Monitoring, the conference 
     agreement includes funding for the base program and NMFS 
     rockfish research at the fiscal year 1999 level. In addition, 
     $850,000 is provided for crab research developed jointly by 
     NMFS and the State of Alaska, and $800,000 is provided for 
     the State of Alaska to use in implementing Federal fishery 
     management plans for crab, scallops and for rockfish 
     research. In addition, the conference agreement provides 
     $150,000 each for Gulf of Alaska Coastal Communities 
     Coalition and NMFS Alaska region infield monitoring program. 
     No funding is provided for the Bering Sea Fisherman's 
     Association CDQ.
       Within the funds provided for Fishery Industry Information, 
     the conference agreement provides $3,700,000 for recreational 
     fishery harvest monitoring, including $500,000 for the annual 
     collection of data on marine recreational fishing, with the 
     balance to be expended in accordance with the direction 
     included in the Senate report. Funds are also appropriated 
     under this activity for the Pacific Fisheries Information 
     Network, including Hawaii, and the Alaska Fisheries 
     Information Network as two separate lines in accordance with 
     the direction included in the Senate report. In addition, 
     funding is provided for the Gulf of Mexico Fisheries 
     Information Network. The conferees agree that NMFS should 
     coordinate the techniques used by the agency to collect data 
     on a national basis while taking into account the unique 
     characteristics of the regional commercial and recreational 
     fisheries. The conferees believe this objective can best be 
     accomplished by relying on the regional information networks 
     administered by the interstate Marine Fisheries Commissions. 
     In addition, the conferees expect NMFS to provide the report 
     on the state of U.S. fishery resources referenced in the 
     Senate report.
       The conferees recommend $3,500,000 for computer hardware 
     and software development, including $750,000 for the Pacific 
     Marine Fisheries Commission to develop catch reporting 
     software in connection with West Coast States, which will 
     allow electronic reporting of fish ticket information in a 
     manner compatible with systems utilized in various regulatory 
     and monitoring agencies as well as private industry.
       The conferees understand that NMFS was using funds to 
     develop its own computer software rather than seeking readily 
     available software. In addition, the software that it was 
     developing may not be compatible with State data collection 
     programs, which means that States may be required to make 
     changes in their systems to accommodate the federal system. 
     In addition, NMFS was not consulting with the affected States 
     and regulatory agencies as required by section 401 of the 
     Magnuson-Stevens Act.
       To address this inadequacy, the managers direct NMFS to 
     develop catch data standards which set guidelines on the 
     content of information it requires and the format for 
     transmitting it. That will enable States and private industry 
     to continue to use their existing systems so long as they 
     comply with NMFS standards and guidelines. NMFS may also use 
     the funds provided to develop its own internal software 
     program to manipulate the data it receives from fishermen and 
     state regulators and produce the reports it needs to 
     effectively manage the fisheries.
       Under the Acquisition of Data line, within the total of 
     $25,943,000, an additional $650,000 is provided for 
     additional days at sea for the Gordon Gunter.
       Fisheries Management Programs.--The conference agreement 
     includes $39,060,000 for this activity. Within this amount, 
     $33,330,000 is provided for base activities, including 
     $3,500,000 for NMFS facilities at Sandy Hook and Kodiak. 
     Within funding determined to be available, if initial funding 
     is required, the conferees also expect funds to be provided 
     for the Santa Cruz Fisheries Laboratory. Also, the conferees 
     expect the Atlantic Salmon Recovery Plan and the State of 
     Maine Recovery Plan to continue to be funded from within base 
     resources. In addition, $230,000 is provided for the Pacific 
     Coral Reef fisheries management plan, as described in the 
     Senate report; $500,000 is provided for Bronx River recovery 
     and restoration; $5,000,000 for American Fisheries Act 
     Implementation, including $500,000 each for the North Pacific 
     Fishery Management Council and the State of Alaska.
       The conference agreement appropriates a total of 
     $15,420,000 for NOAA support of Columbia River hatcheries 
     programs, including $12,055,000 under the NMFS. Within the 
     amount provided under the line item Columbia River 
     hatcheries, NMFS is expected to support hatchery operations 
     at a level of $11,400,000, and to use the additional funding 
     to support salmon marking activities as described in the 
     Senate report.
       Under the Pacific Tuna Management line, $400,000 is for 
     swordfish research as referenced in the Senate report, and 
     the balance for JIMAR.
       For New England Fisheries Management, $4,000,000 is for 
     NMFS cooperative research, management, and enforcement, 
     including enhanced stock assessments and discard mortality 
     monitoring. In addition, $2,000,000 is for Northeast 
     Consortium activities, as referenced in the Senate report. 
     The conferees direct NMFS to collaborate with the New England 
     Fisheries Management Council and affected stakeholders to 
     design and prioritize cooperative research programs, and to 
     develop a long-term, comprehensive strategy to rebuild 
     Northeast groundfish stocks.
       Protected Species Management.--Within the funds provided 
     for protected species management, $750,000 is for 
     continuation of a study on the impacts of California sea 
     lions and harbor seals on salmonids and the West Coast 
     ecosystem.
       Driftnet Act Implementation.--Within the funds provided for 
     Driftnet Act Implementation, $75,000 is for the Pacific Rim 
     Fisheries Program, and $25,000 is for Washington and Alaska 
     participation.

[[Page H12300]]

       Endangered Species Recovery Plans.--A total of $43,500,000 
     is provided for this activity. Of these amounts, $43,000,000 
     is for the base program, $250,000 is to be made available for 
     the State of Alaska for technical support to analyze proposed 
     salmon recovery plans, and $250,000 is for the North Pacific 
     Fishery Management Council for the purposes directed in the 
     Senate report. The amount for the base program represents an 
     increase of $17,250,000. Of this increase, $3,250,000 is 
     provided for additional Pacific salmon-related activities, 
     and $3,000,000 is provided for additional right whale 
     activities. Together with the amount already in the base for 
     right whales, this will result in a $4,100,000 funding level 
     for right whale activities, which is to be expended in 
     accordance with the Senate report. Other than salmon and 
     right whales, the conferees expect that all activities will 
     be kept at least at the fiscal year 1999 level, including 
     Steller sea lion activities.
       The conference agreement adds $11,000,000 to the 
     $32,500,000 included in the previous conference report for 
     the endangered species act recovery plan. The conferees 
     expect these funds to be used for recovery plans for all 
     endangered fish, marine mammals and sea turtles and not just 
     for salmon in the northwest. In addition, the conferees 
     expect NOAA to submit a staffing plan for the allocation of 
     any new employees hired for this program in fiscal year 2000 
     and their proposed allocation by region.
       Native Marine Mammal Commissions.--The conference agreement 
     recommends that funding be distributed as follows: (1) 
     $400,000 for the Alaska Eskimo Whaling Commission; (2) 
     $150,000 for the Alaska Harbor Seal Commission; (3) $225,000 
     for the Beluga Whale Committee; (4) $50,000 for the Bristol 
     Bay Native Association; and (5) $125,000 for the Aleut Marine 
     Mammal Commission.
       Observers and Training.--The conference agreement 
     distributes funding as follows: (1) $425,000 for the North 
     Pacific Fishery Observer Training Program; (2) $1,875,000 for 
     North Pacific marine resource observers; and (3) $350,000 for 
     east coast observers. Before initiating funding for a West 
     Coast observer program, the conferees request that NMFS 
     provide a report on the options for funding such a 
     program, and include a comparison of how current programs 
     in the North Pacific and the East Coast are funded with 
     the proposal for the West Coast.
       Interstate Fish Commissions.--The conference agreement 
     includes $7,750,000 for this activity, of which $750,000 is 
     to be equally divided among the three commissions, and 
     $7,000,000 is for implementation of the Atlantic Coastal 
     Fisheries Cooperative Management Act.
       Fisheries Development Program.--Within the amount provided 
     for the Fisheries Development Program, funding for the 
     administrative costs of the Fisheries Finance program has 
     been retained under this account, as provided in the House 
     bill, instead of transferred to the Fisheries Finance Program 
     account, as provided in the Senate bill. Language with 
     respect to the administration of the Hawaiian Fisheries 
     Development program and Hawaii Stock Enhancement included in 
     the Senate report is adopted by reference.
       Other.--In addition, within the funds available for the 
     Saltonstall-Kennedy grants program, the conferees direct that 
     funding be provided to the Alaska Fisheries Development 
     Foundation to be used in accordance with the direction 
     included in the Senate report, and that funds be provided 
     pursuant to the direction included in both the House and 
     Senate reports to support ongoing efforts related to Vibrio 
     vulnificus.


                    OCEANIC AND ATMOSPHERIC RESEARCH

       The conference agreement includes a total of $300,502,000 
     for Oceanic and Atmospheric Research activities, instead of 
     $260,560,000 as recommended by the House and $319,910,000 as 
     recommended by the Senate.
       Interannual and Seasonal Climate Research.--The conferees 
     have provided $16,900,000 for interannual and seasonal 
     climate research. Within this amount, the conference 
     agreement provides $2,000,000 to support climate and air 
     quality monitoring and climatological modeling activities as 
     described in the Senate report, and $2,000,000 is provided 
     for the Ocean Observations program, to be expended only if 
     other countries involved in the project are also providing 
     funding.
       Climate and Global Change Research.--The conference 
     agreement includes $67,000,000 for the Climate and Global 
     Change research program, an increase of $4,000,000 above the 
     amounts provided in fiscal year 1999. Of this amount, the 
     conference agreement includes an increase of $2,000,000 for 
     the International Research Institute for Climate Prediction 
     to fund planned modeling initiatives in water, agriculture, 
     and public health, and will result in improved forecasting 
     related to major climate events. Program increases of 
     $1,000,000 for the Variability Beyond ENSO and $1,000,000 for 
     Climate Forming Agents are also provided.
       Long-term Climate and Air Quality Research.--The conference 
     agreement provides $30,000,000 for this activity, as proposed 
     by the House, instead of $32,000,000 as proposed by the 
     Senate. Funding is distributed in the same manner as in 
     fiscal year 1999. The conferees concur with language in the 
     House report regarding research and a report on natural 
     sources and removal for low-atmosphere ozone.
       GLOBE.--A total of $3,000,000 is provided for this program, 
     instead of $2,500,000 as proposed by the Senate. The House 
     bill did not include funding for this program. NOAA is 
     expected to comply with the direction included in the Senate 
     report regarding this program.
       Atmospheric Programs.--The conference agreement provides 
     $37,350,000 for the weather research activity. Of this amount 
     $1,500,000 is provided for research related to wind-profile 
     data in accordance with the direction provided in the Senate 
     report. In addition, $1,000,000 is provided for the U.S. 
     Weather Research Program for hurricane-related research. This 
     funding is intended to be used for improvements in hurricane 
     prediction, and is not intended as initial funding for a 
     large-scale general research program under the U.S. Weather 
     Research Program, which is primarily funded through other 
     Federal agencies.
       STORM.--The conference agreement includes $2,000,000 as 
     one-time funding for the Science Center for Teaching, 
     Outreach and Research on Meteorology for the collection and 
     analysis of weather data in the Midwest.
       Solar/Geomagnetic Research.--The conference agreement 
     includes $7,000,000 for this activity, which includes 
     $6,000,000 for base programs, and $1,000,000 for the study of 
     radio propagation physics and technology development 
     associated with satellite-based telecommunications, 
     navigation, and remote sensing, as referenced in the Senate 
     report.
       Marine Prediction Research.--The conference agreement 
     includes $27,325,000 for marine prediction research. Within 
     this amount, the following is provided: $8,875,000 for the 
     base program; $1,650,000 for Arctic research, as directed in 
     the House report; $2,400,000 for the Open Ocean Aquaculture 
     program; $2,300,000 for tsunami mitigation; $2,100,000 for 
     the VENTS program; $4,000,000 for continuation of the 
     initiative on aquatic ecosystems recommended in the House 
     report; $1,650,000 for implementation of the National 
     Invasive Species Act, of which $850,000 is for the ballast 
     water demonstration as directed in the Senate report; 
     $500,000 for support for the Gulf of Maine Council; 
     $2,000,000 for mariculture research; $1,450,000 for ocean 
     services; $250,000 for the Pacific tropical fish program to 
     be administered by HIEDA; and $150,000 for Lake Champlain 
     studies. Due to recently enacted changes in the National Sea 
     Grant Program Authorization Act, future activities related to 
     Lake Champlain are expected to be funded through the regular 
     Sea Grant program.
       GLERL.--Within the $6,825,000 provided for the Great Lakes 
     Environmental Research Laboratory, the conference agreement 
     assumes continued support for the Great Lakes nearshore 
     research and zebra mussel research programs at current 
     levels.
       Sea Grant.--The conference agreement appropriates 
     $59,250,000 for the National Sea Grant program, of which 
     $53,750,000 is for the base program, a $1,550,000 base 
     increase over fiscal year 1999. The conferees expect NOAA to 
     continue to fund the existing oyster disease research 
     programs at their current levels and the zebra mussel 
     research program at $3,000,000 within these amounts. The Sea 
     Grant program and NMFS are urged to work with the West Coast 
     Harmful Algal Bloom Workgroup to develop a research plan to 
     address the causes of harmful algal blooms and a monitoring 
     and prevention program.
       National Undersea Research Program (NURP).--The conference 
     agreement provides $13,800,000 for the National Undersea 
     Research Program (NURP). The conferees expect the funds to be 
     distributed to the east coast NURP centers according to 
     fiscal year 1999 allocations, and to the west coast centers 
     according to fiscal year 1998 allocations. The conferees 
     expect level funding will be made available for the Aquarius, 
     ALVIN and program administration. The fiscal year 2000 amount 
     above these distributions shall be equally divided between 
     east and west coast NURP centers.


                        national weather service

       The conference agreement includes a total of $603,870,000 
     for the National Weather Service (NWS), instead of 
     $599,196,000 as proposed by the House, and $620,138,000 as 
     proposed by the Senate.
       Local Warnings and Forecasts/Base Operations.--The amount 
     provided includes $444,487,000 for this activity, an increase 
     of $23,417,000 above the fiscal year 1999 level, including 
     MARDI. All requested increases to base activities are 
     provided, except for $1,935,000 in non-labor cost increases 
     and $3,634,000 of the request to cover labor-cost 
     deficiencies. The House and Senate Appropriations Committees 
     expect that if the amount to cover labor-cost deficiencies is 
     insufficient, NWS will submit a reprogramming. The conference 
     agreement provides $4,500,000 for mitigation activities, an 
     increase of $716,000 over fiscal year 1999. Increases for the 
     Cooperative Observers Network and Aircraft Observations are 
     not provided. Within the total amount provided for Local 
     Warnings and Forecasts, $1,522,000 is for NOAA weather radio 
     transmitters to be distributed in accordance with the 
     direction included in the House and Senate reports, except 
     that the amount for Wyoming weather transmitters is $200,000, 
     and the amount for Illinois weather transmitters is $650,000. 
     The conference agreement includes $513,000, as provided in 
     the Senate report, for the creation of a fine-scale numerical 
     weather analysis and prediction capability, as referenced 
     in the House report. The conference agreement also 
     includes funding, as requested, for data buoys and coastal 
     marine automated network stations. Funding of $3,250,000 
     for WFO maintenance is provided under this heading.

[[Page H12301]]

       The conferees concur with the language in the House and 
     Senate reports relating to the Modernization Transition 
     Committee/mitigation process to address the adequacy of 
     NEXRAD coverage in certain areas. NOAA is expected to follow 
     the recommendations contained in reports or applicable 
     agreements requiring mitigation activities. The conferees 
     also reiterate language in the fiscal year 1999 conference 
     agreement addressing continued radar obstruction at the 
     Jackson NEXRAD facility.
       In addition, the conferees expect the NWS to continue the 
     activities of NOAA's Cooperative Institute for Regional 
     Prediction related to the 2002 Winter Olympic games.


     national environmental satellite, data and information service

       The conference agreement includes $111,085,000 for NOAA's 
     satellite and data management programs. In addition, the 
     conference agreement includes $457,594,000 under the NOAA PAC 
     account for satellite systems acquisition and related 
     activities.
       Satellite Observing Systems.--The conferees have included 
     $57,300,000 for this activity, the same amount and the same 
     distribution as in fiscal year 1999. Funding for the wind 
     demonstration project is to be provided in accordance with 
     the Senate report.
       Environment Data Management.--The conferees have included 
     $53,785,000 for EDMS activities. Under EDMS base activities, 
     the conference agreement includes $24,000,000, an increase of 
     $650,000, to be expended as directed in the House report. No 
     funds are included to continue weather record rescue and 
     preservation activities or the environmental data rescue 
     program. The conference agreement includes $500,000 for the 
     Cooperative Observers Network modernization. In addition, 
     $4,000,000 is included for the Coastal Ocean Data Development 
     Center, as referenced in the Senate report. In addition, the 
     conferees have provided $10,200,000 to initiate a new, multi-
     year program for climate database modernization and 
     utilization, to include but not be limited to key entry of 
     valuable climate records, archive services, and database 
     development. The conferees note the Administration's recent 
     initiatives in support of reinvestment in economically 
     distressed communities within Appalachia and intend that work 
     under this program must be performed by existing and 
     experienced concerns currently located in the Appalachian 
     counties of Laurel and Mineral, which are experiencing high 
     unemployment and poverty. The conference agreement includes 
     $2,750,000 for the Regional Climate Centers.


                            program support

       The conference agreement provides $62,553,000 for NOAA 
     program support, instead of $54,594,000 as provided in the 
     House bill, and $72,887,000, as provided in the Senate bill. 
     Included in this total is $36,350,000 for Central 
     Administrative Support, which is comprised of $31,850,000 for 
     base activities and $4,500,000 for the Commerce Automated 
     Management System.


                     fleet planning and maintenance

       The conference agreement includes an appropriation of 
     $13,243,000 for this activity, as recommended in the Senate 
     bill, instead of $7,000,000 included in the House bill. This 
     amount includes $1,000,000 for equipping the RAINIER and 
     $3,000,000 for NOPP-related activities.


                               facilities

       The conference agreement includes $11,204,000 for 
     facilities maintenance, lease costs, and environmental 
     compliance, instead of $10,165,000 as recommended in the 
     House bill, and $9,829,000 as recommended in the Senate bill. 
     Included in this total is $3,850,000 in lease payments to the 
     General Services Administration (GSA) for the new Boulder 
     facility. The conferees are aware that the GSA is applying 8% 
     return-on-investment pricing to determine the rent that NOAA 
     pays for the facility, with the possibility that the 
     percentage will increase significantly in future years. The 
     conferees believe that this results in an excessive rental 
     charge that is not justified by the facts, and that a fair 
     and reasonable return would be 6.25% amortized over 30 
     years. NOAA is directed to provide to the House and Senate 
     Committees on Appropriations at the earliest opportunity 
     the options that exist to moderate the cost of rental 
     payments, and to consult with the Committees on the next 
     steps to take to assure that NOAA does not get saddled 
     with an excessive rental payment.


               procurement, acquisition and construction

                     (including transfers of funds)

       The conference agreement includes a total of $596,067,000 
     in direct appropriations for the Procurement, Acquisition and 
     Construction account, and assumes $7,400,000 in deobligations 
     from this account. The following distribution reflects the 
     fiscal year 2000 funding provided for activities within this 
     account:

Systems Acquisition:
  AWIPS.....................................................$16,000,000
  ASOS........................................................3,855,000
  NEXRAD......................................................8,280,000
  Computer Facilities Upgrades...............................11,100,000
  Polar Spacecraft and Launching............................190,979,000
  Geostationary Spacecraft and Launching....................266,615,000
  Radiosonde Replacement......................................7,000,000
  GFDL Supercomputer..........................................5,000,000
                                                       ________________
                                                       
    Subtotal, Systems Acquisition...........................508,829,000
                                                       ================

Construction:
  WFO Construction............................................9,526,000
  NERRS Construction.........................................13,250,000
  N.Y. Botanical Gardens......................................1,500,000
  Alaska Facilities...........................................9,750,000
  NORC Rehabilitation.........................................3,045,000
  Marine Sanctuaries Construction.............................3,000,000
  Suitland Facility...........................................3,000,000
                                                       ________________
                                                       
    Subtotal, Construction...................................43,071,000
                                                       ================

Fleet Replacement:
  Fishery Vessel.............................................51,567,000
                                                       ________________
                                                       
    Subtotal, Fleet Replacement..............................51,567,000

       Systems Acquisition.--The conference agreement provides 
     $16,000,000 to initiate AWIPS Build 5.0. NWS is requested to 
     provide quarterly reports on the status of the project, 
     progress in meeting milestones, amount expended to date, 
     expected overall cost, and problems encountered.
       Construction.--The funds appropriated for the National 
     Estuarine Research Reserve construction are to be distributed 
     as follows: $6,000,000 is for overall NERRS requirements, 
     $4,000,000 is for the Great Bay NERR, $2,500,000 is for the 
     Kachemak Bay NERR, the latter two as recommended in the 
     Senate report, and $750,000 is for the Jacques Cousteau NERR. 
     The funds appropriated for Alaska facilities are to be 
     distributed as follows: $750,000 is for the Juneau Lab, 
     $3,500,000 is for Ship Creek, and $5,500,000 is for the 
     SeaLife Center. The conference agreement provides $3,000,000 
     for preliminary design work for a new building in the 
     Suitland Federal Center to be built by the General Services 
     Administration. Prior to obligating these funds, the 
     conferees expect NOAA to provide a report detailing the total 
     estimated cost of the new building, including a breakout by 
     fiscal year of the amounts proposed to be paid by both the 
     GSA and NOAA, as well as a recapitulation of the options that 
     were considered in reaching a decision on the proposed 
     facility, and then consult with the Committees on the report.
       The conferees are also interested in receiving a report on 
     any planning for new space related to other facilities in the 
     area by January 15, 2000.


                    pacific coastal salmon recovery

       In addition to $20,000,000 provided elsewhere in this bill 
     for initial capital for implementation of the 1999 Pacific 
     Salmon agreement, the conference agreement includes 
     $58,000,000 for salmon habitat restoration, stock 
     enhancement, and research. Of this amount, $18,000,000 is 
     provided to the State of Washington, $14,000,000 is provided 
     to the State of Alaska, $9,000,000 is provided to the State 
     of Oregon, and $9,000,000 is provided to the State of 
     California. In addition, $6,000,000 is provided to the 
     Pacific Coastal tribes (as defined by the Secretary of 
     Commerce) and $2,000,000 is provided to Columbia River 
     tribes.
       The States of Alaska, Oregon, and California, and the 
     tribes are strongly encouraged to each enter into a 
     Memorandum of Understanding (MOU) with NMFS regarding 
     projects funded under this section. The MOU should not 
     require federal approval of individual projects, but should 
     define salmon recovery strategies. All states and tribes that 
     receive funding shall report to the Secretary of Commerce, 
     the Senate and House Committees on Appropriations, the Senate 
     Committee on Commerce, Science, and Transportation, and the 
     House Committee on Resources on progress of salmon recovery 
     efforts funded under this heading by not later than September 
     1, 2000.
       The 1999 Pacific Salmon Treaty Agreement provides a 
     comprehensive, coastwide conservation program for the 
     protection of Pacific salmon, including domestic and Canadian 
     fisheries. In particular, it provides significant harvest 
     reductions in Alaska below previous restrictions 
     implemented in 1985 and 1995, each of which further 
     reduced the impact of Alaska's fisheries on listed stocks. 
     Therefore, any recovery efforts shall not be based on or 
     anticipate exploitation rates in Alaska not included in 
     the 1999 Agreement, but should include other quantifiable 
     goals and objectives, such as escapement and production, 
     required for the recovery of listed salmon.
       The conference agreement provides $18,000,000 for the State 
     of Washington which is to be provided directly to the 
     Washington State Salmon Recovery Board to distribute for 
     salmon habitat projects, other salmon recovery activities, 
     and to implement the Washington Forest and Fish Agreement 
     authorized by the Washington State Legislature. The conferees 
     urge, with input from the Board, local governments, local 
     watershed organizations, tribes, and other interested 
     parties, that clear, scientifically-based goals and 
     objectives for salmon recovery in Washington State be 
     established by NMFS and be rendered in the form of numerical 
     goals and objectives for the recovery of each species of 
     salmon listed under the Endangered Species Act in Washington 
     State. The conferees expect such goals and objectives to 
     specify the outcome to be achieved for the salmon resource in 
     order to satisfy the requirements of the Endangered Species 
     Act. The conferees anticipate that by July 1, 2000, NMFS will 
     have established numerical goals and objectives for the 
     recovery of salmon in the

[[Page H12302]]

     Puget Sound ESU, and will have produced a schedule for 
     completion of numerical goals and objectives for all other 
     parts of the State. The conferees expect that the Board will 
     establish performance standards to inform its project funding 
     decisions, and will give due deference to the project 
     prioritization work being performed by local watershed 
     organizations. Entities eligible to receive federal funds for 
     salmon recovery projects and activities from the Board 
     include local governments, tribes, and non-profit 
     organizations, such as the Puget Sound Foundation. Funds 
     appropriated by this Act may be distributed by the Board on a 
     project-by-project basis or advanced in the form of block 
     grants. Not more than one percent of these federal funds 
     shall be used for the Board's administrative expenses, and 
     not more than one percent of the remaining federal monies 
     distributed by the Board for habitat projects and recovery 
     activities shall be used by the eligible entities for 
     administrative expenses. None of the $18,000,000 shall be 
     used for the buy back of commercial fishing licenses or 
     vessels. Nothing in this Act shall impair the authority of 
     the Board to expend funds appropriated to it by the 
     Washington State Legislature. Funds provided to tribes in 
     Washington State from the $8,000,000 appropriated for Pacific 
     Coastal and Columbia River Tribes shall be used only for 
     grants for planning (not to exceed 10 percent of any grant), 
     physical design, and completion of restoration projects.
       The funds provided for salmon and steelhead recovery 
     efforts in the State of Oregon shall be provided to the 
     Oregon Watershed Enhancement Board (OWEB). The OWEB shall 
     provide funding for salmon recovery projects and activities 
     including planning, monitoring, habitat restoration and 
     protection, and improving State and local council capacity to 
     implement local projects which directly support salmon 
     recovery.


                      coastal zone management fund

       The conference agreement includes an appropriation of 
     $4,000,000, as provided in both the House and the Senate 
     bills. This amount is reflected under the National Ocean 
     Service within the Operations, Research, and Facilities 
     account.


    promote and develop fishery products and research pertaining to 
                           american fisheries

                       fisheries promotional fund

                              (rescission)

       The conference agreement includes a rescission of all 
     unobligated balances available in the Fisheries Promotional 
     Fund, as provided in the House bill. The Senate bill included 
     a rescission of $1,187,000 from this Fund.


                      fishermen's contingency fund

       The conference agreement includes $953,000 for the 
     Fishermen's Contingency Fund, as provided in both the House 
     and Senate bills.


                     foreign fishing observer fund

       The conference agreement includes $189,000 for the expenses 
     related to the Foreign Fishing Observer Fund, as provided in 
     both the House and Senate bills.


                   fisheries finance program account

       The conference agreement provides $338,000 in subsidy 
     amounts for the Fisheries Finance Program Account, instead of 
     $238,000 as provided in the House bill and $2,038,000 as 
     provided in the Senate bill. The Senate provision included 
     $1,700,000 for administrative costs of the program, which the 
     conference agreement provides under the Operations, Research 
     and Facilities account, as provided in the House bill. The 
     agreement includes $100,000 above the House level to continue 
     entry level and small vessel Individual Fishery Quota 
     obligation guarantees in the halibut and sablefish fisheries 
     as recommended in the Senate report.

                         General Administration


                         salaries and expenses

       The conference agreement includes $31,500,000 for the 
     general administration of the Commerce Department, instead of 
     $30,000,000, as proposed in the House bill, and $34,046,000, 
     as proposed in the Senate bill. The conferees concur with 
     language in the House report concerning office moves and the 
     Working Capital Fund, and with language in the Senate report 
     concerning the Senior Executive Service ``Commerce 2000'' 
     initiative.


                      office of inspector general

       The conference agreement includes $20,000,000 for the 
     Commerce Department Inspector General, instead of $22,000,000 
     as recommended in the House bill and $17,900,000 as 
     recommended in Senate bill.

               GENERAL PROVISIONS--DEPARTMENT OF COMMERCE

       The conference agreement includes the following general 
     provisions for the Department of Commerce:
       Section 201.--The conference agreement includes section 
     201, included in the House and Senate bills, regarding 
     certifications of advanced payments.
       Sec. 202.--The conference agreement includes section 202, 
     identical in the House and Senate bills, allowing funds to be 
     used for hire of passenger motor vehicles.
       Sec. 203.--The conference agreement includes section 203, 
     identical in the House and Senate bills, prohibiting 
     reimbursement to the Air Force for hurricane reconnaissance 
     planes.
       Sec. 204.--The conference agreement includes section 204, 
     as proposed in the House bill, prohibiting funds from being 
     used to reimburse the Unemployment Trust Fund for temporary 
     census workers. The Senate bill included a provision 
     prohibiting reimbursements in relation to the 1990 decennial 
     census.
       Sec. 205.--The conference agreement includes section 205, 
     identical in the House and Senate bills, regarding transfer 
     authority between Commerce Department appropriation accounts.
       Sec. 206.--The conference agreement includes section 206, 
     providing for the notification of the House and Senate 
     Committees on Appropriations of a plan for transferring funds 
     to appropriate successor organizations within 90 days of 
     enactment of any legislation dismantling or reorganizing the 
     Department of Commerce, as proposed in the House bill. The 
     Senate bill did not contain a provision on this matter.
       Sec. 207.--The conference agreement includes section 207, 
     included in both the House and Senate bills, requiring that 
     any costs related to personnel actions incurred by a 
     department or agency funded in title II of the accompanying 
     Act, be absorbed within the total budgetary resources 
     available to such department or agency.
       Sec. 208.--The conference agreement includes section 208, 
     as proposed in both the House and Senate bills, allowing the 
     Secretary to award contracts for certain mapping and charting 
     activities in accordance with the Federal Property and 
     Administrative Services Act.
       Sec. 209.--The conference agreement includes section 209, 
     as proposed in both the House and Senate bills, allowing the 
     Department of Commerce Franchise Fund to retain a portion of 
     its earnings from services provided.
       Sec. 210.--The conference agreement includes section 210, 
     as proposed in the Senate bill, to increase the total number 
     of members of the New England Fishery Management Council and 
     the number appointed by the Secretary of Commerce by one 
     member. The House bill did not contain a provision on this 
     matter.
       Sec. 211.--The conference agreement includes a new section 
     211, which makes funds provided under the National Institute 
     of Standards and Technology, Construction of Research 
     Facilities, available for a medical research facility and two 
     information technology facilities.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       The conference agreement includes $35,492,000 for the 
     salaries and expenses of the Supreme Court, instead of 
     $35,041,000, as provided in the House bill and $35,903,000 as 
     provided in the Senate bill. Funding for the cost of living 
     increase for the Justices is provided in section 304.


                    care of the building and grounds

       The conference agreement includes $8,002,000 for the 
     Supreme Court Care of the Building and Grounds account, 
     instead of $6,872,000 as provided in the House bill and 
     $9,652,000, as provided in the Senate bill. This is the 
     amount the Architect of the Capitol currently estimates is 
     required for fiscal year 2000, including building renovations 
     and perimeter security. The conference agreement allows 
     $5,101,000 to remain available until expended, instead of 
     $3,971,000, as provided in the House bill, and $6,751,000, as 
     provided in the Senate bill. Senate report language related 
     to off-site facility planning and House report language 
     related to miscellaneous improvements is adopted by 
     reference.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

       The conference agreement includes $16,797,000 for the U.S. 
     Court of Appeals for the Federal Circuit, instead of 
     $16,101,000 as provided in the House bill and $16,911,000 as 
     provided in the Senate bill. This provides funding for base 
     adjustments and for three additional assistants, assuming 
     they are hired at mid-year. Funding for the cost of living 
     increase for federal judges is provided in section 304.

               United States Court of International Trade


                         salaries and expenses

       The conference agreement includes $11,957,000 for the U.S. 
     Court of International Trade, as provided in the Senate bill, 
     instead of $11,804,000, as provided in the House bill. 
     Funding for the cost of living increase for federal judges is 
     provided in section 304.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       The conference agreement provides $3,114,677,000 for the 
     salaries and expenses of the federal judiciary, of which 
     $156,539,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $3,066,677,000, including 
     $156,539,000 from the VCRTF, as provided in the House bill, 
     and $2,992,265,000, including $100,000,000 from the VCRTF, as 
     provided in the Senate bill. Funding for the cost of living 
     increase for federal judges is provided in section 304.
       The conference agreement allows $13,454,000 for space 
     alterations, to remain available until expended, as provided 
     in the House bill, instead of $19,150,000, as provided in the 
     Senate bill.
       House report language with respect to funding for new 
     judgeships is adopted by reference.

[[Page H12303]]

       The conference agreement also provides $2,515,000 from the 
     Vaccine Injury Compensation Trust Fund for expenses 
     associated with the National Childhood Vaccine Injury Act of 
     1986, as provided in the Senate bill, instead of $2,138,000, 
     as provided in the House bill.


                           defender services

       The conference agreement includes $385,095,000 for the 
     federal judiciary's Defender Services account, of which 
     $26,247,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $387,795,000, including 
     $26,247,000 from the VCRTF, as provided in the House bill, 
     and $353,888,000 in direct funding, as provided in the Senate 
     bill. This includes funding for an increase of $5 an hour for 
     in-court and out-of-court time for Criminal Justice Act panel 
     attorneys.
       Language relating to the Ninth Circuit in the House report 
     is adopted by reference.


                    fees of jurors and commissioners

       The conference agreement includes $60,918,000 for Fees of 
     Jurors and Commissioners, as proposed in the Senate bill, 
     instead of $63,400,000 as provided in the House bill. The 
     amount provided reflects the latest estimate from the 
     judiciary of the requirements for this account.


                             court security

       The conference agreement includes $193,028,000 for the 
     federal judiciary's Court Security account, instead of 
     $190,029,000, as proposed in the House bill, and 
     $196,026,000, as proposed in the Senate bill.
       The recommendation provides for requested adjustments to 
     base, the requested program increases to hire additional 
     security officers and for perimeter security, and the balance 
     for additional security equipment. The language in the House 
     report related to a report on changes in security officer 
     staffing and equipment is adopted by reference.
       The conference report allows $10,000,000 in security system 
     funding to remain available until expended, as proposed in 
     the House bill, instead of $10,000,000 for any purpose under 
     this heading, as proposed in the Senate bill.

           Administrative Office of the United States Courts


                         salaries and expenses

       The conference agreement includes $55,000,000 for the 
     Administrative Office of the United States Courts, instead of 
     $54,500,000, as proposed by the House, and $56,054,000, as 
     proposed by the Senate.
       Language in the House report relating to the Optimal 
     Utilization of Judicial Resources report and court 
     interpreter standards is adopted by reference.
       The conference agreement provides $8,500 for reception and 
     representation expenses, instead of $7,500 as proposed in the 
     House bill, and $10,000 as proposed in the Senate bill.

                        Federal Judicial Center


                         salaries and expenses

       The conference agreement includes $18,000,000 for the 
     fiscal year 2000 salaries and expenses of the Federal 
     Judicial Center, instead of $17,716,000 as proposed in the 
     House bill and $18,476,000 as proposed in the Senate bill.

                       Judicial Retirement Funds


                  payment to the judiciary trust funds

       The conference agreement includes $39,700,000 for payment 
     to the various judicial retirement funds as provided in both 
     the House and Senate bills.

                  United States Sentencing Commission


                         salaries and expenses

       The conference agreement includes $8,500,000 for the U.S. 
     Sentencing Commission, as provided in the House bill, instead 
     of $9,743,000 as provided in the Senate bill. Additional 
     funds are available from carryover and from the Judiciary 
     automation fund. There continues to be substantial 
     uncertainty as to the requirements for the Commission in 
     fiscal year 2000, but should the situation clarify, the 
     conferees believe there is flexibility in the Judiciary 
     appropriation to address any resulting additional 
     requirements.

                   General Provisions--The Judiciary

       Section 301.--The conference agreement includes a provision 
     included in both the House and Senate bills allowing 
     appropriations to be used for services as authorized by 5 
     U.S.C. 3109.
       Sec. 302.--The conference agreement includes a provision, 
     as included in the House bill, providing the Judiciary with 
     the authority to transfer funds between appropriations 
     accounts but limiting, with certain exceptions, any increase 
     in an account to 10 percent, instead of the Senate provision 
     which would have limited the increase to 20 percent.
       Sec. 303.--The conference agreement includes a provision 
     allowing up to $11,000 of salaries and expenses funds 
     provided in this title to be used for official reception and 
     representation expenses of the Judicial Conference of the 
     United States, instead of $10,000 as proposed in the House 
     bill, and $12,000 as proposed in the Senate bill.
       Sec. 304.--The conference agreement includes a provision, 
     as proposed in the Senate bill, authorizing federal judges to 
     receive a salary adjustment and appropriating $9,611,000 for 
     the cost of the salary adjustment for all accounts under this 
     title. The House bill did not include a similar provision.
       Sec. 305.--The conference agreement includes a provision, 
     as proposed in the Senate bill, amending title 28 of the U.S. 
     Code to authorize the Director of the Administrative Office 
     of the Courts to pay any increases in the cost of Federal 
     Employees' Group Life Insurance imposed after April 24, 1999. 
     The House bill did not include a similar provision.
       Sec. 306.--The conference agreement includes a provision, 
     included in the Senate bill, authorizing Central Islip, New 
     York, as a place of holding court. The House bill did not 
     include a similar provision.
       Sec. 307.--The conference agreement includes a provision, 
     included in the Senate bill, approving consolidation of Court 
     Clerks' Offices in the Southern District of West Virginia. 
     The House bill did not include a similar provision.
       Sec. 308.--The conference agreement includes a provision, 
     included in the Senate bill, modifying the circumstances 
     under which attorneys' fees in Federal capital cases can be 
     disclosed. The House bill did not include a similar 
     provision.
       Sec. 309.--The conference agreement includes a new 
     provision authorizing nine district judgeships in Arizona, 
     the Middle District of Florida, and Nevada.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The conference agreement includes a total of $2,823,825,000 
     for Diplomatic and Consular Programs, instead of 
     $2,726,825,000 as included in the House bill and 
     $2,671,429,000 as included in the Senate bill. The conference 
     agreement includes $2,569,825,000 for ongoing activities 
     under this account, and an additional $254,000,000 to remain 
     available until expended for worldwide security upgrades.
       The conference agreement includes language not included in 
     either the House or Senate bills making fees collected in 
     fiscal year 2000 relating to affidavits of support available 
     until expended.
       The conference agreement includes language designating 
     $236,291,000 for public diplomacy international information 
     programs instead of $306,057,000 as proposed in the House 
     bill. The Senate bill did not contain a similar provision. 
     This amount represents current services funding for program 
     activities previously carried out by USIA, and includes the 
     program and personnel costs associated with former USIA 
     activities. The amount specified in the House bill included 
     $59,247,000 in ICASS costs, and $10,519,000 for other 
     overseas support costs. The conferees have excluded these 
     support costs from the amount separately designated for 
     public diplomacy international information programs.
       The conference agreement includes language making available 
     $500,000 for the National Law Center for Inter-American Free 
     Trade, as provided in the Senate bill. The House bill did not 
     include a similar provision.
       The conference agreement includes language transferring 
     $1,162,000 to the Presidential Advisory Commission on 
     Holocaust Assets in the United States, as proposed in the 
     House bill. Language is also included limiting the amount 
     transferred from all Federal sources to the authorized 
     amount. The Senate bill did not include a similar provision.
       The conference agreement includes language making 
     $2,500,000 available for overseas continuing language 
     education, instead of $5,000,000 as proposed in the Senate 
     bill. The House bill did not include a similar provision.
       The conference report also includes a provision to collect 
     and deposit as an offsetting collection to this account 
     Machine Readable Visa fees in fiscal years 2000 and 2001 to 
     recover authorized costs. The Senate bill included a similar 
     provision but would have made it permanent. The House bill 
     did not include a provision on this matter. The conference 
     agreement does not include a provision in the House bill 
     limiting the use of Machine Readable Visa fees to 
     $267,000,000 in fiscal year 2000. The Senate bill did not 
     contain a similar provision.
       The conference agreement includes language designating 
     $10,000,000 for activities associated with the implementation 
     of the Pacific salmon treaty. The conference agreement does 
     not include language that this funding must be designated 
     from within amounts available for the Bureau of Oceans and 
     International Environment and Scientific Affairs, as proposed 
     in the Senate bill. The House bill did not contain a similar 
     provision.
       The conference agreement includes $9,000,000 for the Office 
     of Defense Trade Controls, instead of $11,000,000 as proposed 
     in the Senate bill. The House bill did not have a similar 
     provision. House report language directed the Department to 
     maintain the increased fiscal year 1999 funding level for the 
     Office. The conferees expect that increased funding for this 
     Office will result in increased scrutiny of export license 
     applications, enhanced end-use monitoring, and stronger 
     compliance enforcement measures to ensure that U.S. 
     technology is properly safeguarded when exported.
       The conference agreement also includes language allowing 
     the transfer of not to exceed $4,500,000 to the International 
     Broadcasting Operations account only to avoid reductions in 
     force at the Voice of America.
       The conference agreement does not include a provision 
     transferring $13,500,000 to the

[[Page H12304]]

     East-West Center, a provision making $6,000,000 available for 
     overseas representation, a provision making $125,000 
     available for the Maui Pacific Center, or provisions placing 
     limitations on details of State Department employees to other 
     agencies or organizations. These provisions were proposed in 
     the Senate bill, and the House bill did not contain similar 
     provisions.
       The conference agreement does not include funding for any 
     program increases requested by the Department. Within the 
     amount provided, and including any savings the Department 
     identifies, the Department will have the ability to propose 
     that funds be used for purposes not funded by the conference 
     agreement, including high priority program increases such as 
     China 2000 and a Hispanic and minority recruitment 
     initiative, through the normal reprogramming process. The 
     conferees agree that no funds shall be used for the requested 
     market development pilot project. With respect to China 2000, 
     it is expected that the Department will comply with program 
     direction in the Senate report regarding information resource 
     center upgrades.
       The conference agreement includes $42,000,000, of which not 
     to exceed $5,000,000 is for costs related to the WTO 
     Ministerial in Seattle and the balance is for costs of 
     additional staffing and support costs related to increased 
     diplomatic activity in the Kosovo region. The Department may 
     also use funding under this account for the participation 
     costs of official delegates to the WTO Ministerial.
       The conferees agree that the Department shall follow the 
     program direction and reporting requirements related to 
     worldwide security in both the House and Senate reports. The 
     language in the House report under this heading is to be 
     followed in expending fiscal year 2000 funds, including 
     language on the Advisory Commission on Public Diplomacy, the 
     implementation of Public Law 105-319, and on specific 
     reporting requirements, including a report on compensation 
     provided to the families of the Americans killed in the 
     terrorist bombing of the U.S. Embassy in Nairobi. In 
     addition, this statement of managers adopts by reference 
     the provisions in the Senate report addressing the Arctic 
     Council and the Bering Straits Commission.
       The conference agreement does not adopt Senate report 
     language on arms control treaty verification technology, and 
     staffing levels in Berlin and Beijing.
       The conferees agree that the Department shall report to the 
     Committees, no later than January 15, 2000, on the 
     Department's plan for implementing recommendations in OIG 
     Memorandum Report 99-SP-013 regarding foreign service tour 
     length, and on the Bureau of Consular Affairs' plan to manage 
     issues related to the entry into the United States of foreign 
     nationals for the 2002 Winter Olympic Games.
       The conferees are concerned with what appears to be a large 
     number of State Department employees staffing the Office of 
     the Secretary and the Bureau of Legislative Affairs. The 
     conferees believe the Secretary should be served by the best 
     possible insight and advice, and it is important that 
     potentially overlapping responsibilities among the regional 
     and functional bureaus and the ``Secretariat'' do not produce 
     a confusion of voices on key policy issues. Similarly, the 
     conferees are concerned that unclear lines of responsibility 
     and authority between the Bureau of Legislative Affairs and 
     the various Congressional affairs offices in the regional and 
     functional bureaus have resulted in confused or incomplete 
     liaison with Congress. As a result, the conferees direct the 
     Department to undertake staffing reassessments in these two 
     offices. The Department should develop a plan to streamline 
     staffing authorities and responsibilities and to rationalize 
     the inclusion of staff and functions from USIA and ACDA, and 
     report to the Committees on Appropriations no later than 
     January 15, 2000.


                        CAPITAL INVESTMENT FUND

       The conference agreement includes $80,000,000 for the 
     Capital Investment Fund, the amount included in the House 
     bill, instead of $50,000,000 as proposed in the Senate bill. 
     The provisions in the House report are adopted by reference.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $27,495,000 for the 
     Office of Inspector General, which has jurisdiction over the 
     Department of State and the Broadcasting Board of Governors, 
     instead of $28,495,000 as proposed in the House bill and 
     $26,495,000 as proposed in the Senate bill. The conferees 
     expect that within the funds provided, the Inspector General 
     will continue the current level of security-related audit and 
     oversight activity. The conferees encourage the Inspector 
     General to exercise appropriate oversight over the 
     International Commissions and international broadcasting 
     entities funded under this title.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The conference agreement includes $205,000,000 for 
     Educational and Cultural Exchange Programs of the Department 
     of State, instead of $175,000,000 as proposed in the House 
     bill and $216,476,000 as proposed in the Senate bill. The 
     conference agreement also provides that not to exceed 
     $800,000 may be credited to this appropriation from fees and 
     other payments.
       The availability of significant carryover and recovered 
     funds in this account is noted, and the Department is 
     directed to submit a proposed distribution of the total 
     resources available under this account no later than December 
     31, 1999, through the normal reprogramming process. The 
     conferees intend that the distribution of funds under this 
     account shall support, to the maximum extent possible, 
     Fulbright Scholarship Programs, Humphrey Fellowships, 
     educational advising and counseling, Citizen Exchange 
     Programs, Pepper Scholarships, the Regional Scholar Exchange 
     Program, the Disability Exchange Clearinghouse, the National 
     Youth Science Camp, and exchanges with Tibet, the South 
     Pacific, and East Timor. Such a distribution shall also 
     include funding at not less than the amounts designated for 
     the following programs: $42,800,000 for the International 
     Visitor Program; $2,656,000 for English language programs; 
     $2,000,000 for American Overseas Research Centers; and 
     $4,000,000 for Muskie Fellowships. To the extent that the 
     Department allocates resources to civic education 
     programs, these programs shall be separately identified 
     and explained in the reprogramming submission.
       The conferees agree that enabling Muskie Fellowship Program 
     participants to undertake doctoral graduate study in the 
     social sciences, including economics, in universities in the 
     United States is an appropriate extension of this program. 
     Therefore, the conferees recommend that funding be provided 
     for not more than thirty percent of the program participants 
     to pursue Ph.D. programs. As a condition of participation in 
     the doctoral program, fellows shall perform one year of 
     service in their home countries for every year their study is 
     supported by this program. The conferees expect that not less 
     than thirty percent of each participant's doctoral study be 
     funded from non-Federal sources.
       In addition, the conference agreement includes: $2,400,000 
     for Congress-Bundestag Youth Exchanges; $2,200,000 for 
     Mansfield Fellowships; $100,000 for the Montana Technical 
     Foreign Exchange Program; $400,000 for the Institute for 
     Representative Government; $500,000 for the Irish Institute; 
     $638,000 for the 2001 Special Olympic Winter Games; $500,000 
     for Olympic and Paralympic Games Youth Camps; and $150,000 
     for Interparliamentary Exchanges with Korea and China.
       The statement of managers adopts by reference language in 
     the House report on NIS exchanges, the number of Congress-
     Bundestag Youth Exchanges, competition for grant programs, 
     and cooperation between the State Department and non-
     governmental exchange organizations, as well as language in 
     the Senate report on the U.S./Mexico Conflict Resolution 
     Center.


                       REPRESENTATION ALLOWANCES

       The conference agreement includes $5,850,000 for 
     Representation Allowances, as proposed in the Senate bill, 
     instead of $4,350,000 as proposed in the House bill.


              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

       The conference agreement includes $8,100,000 for Protection 
     of Foreign Missions and Officials, as provided in both the 
     House and Senate bills. The provisions in both the House and 
     Senate reports are adopted by reference.


           SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

       The conference agreement includes $742,178,000 for this 
     account instead of $717,178,000 as proposed in the House bill 
     and $583,496,000 as proposed in the Senate bill.
       The conference agreement includes $313,617,000 for the 
     costs of worldwide security upgrades, including $300,000,000 
     for capital security projects, as proposed in the House bill. 
     The conferees direct the Department to comply with the 
     program direction related to security upgrades in the House 
     report, including the submission of a spending plan within 
     sixty days of the date of enactment of this Act. In proposing 
     such a spending plan, the conferees direct the Department to 
     include an assessment of the need for security upgrades 
     related to housing, schools, and Marine quarters, as 
     described in the Senate report.
       The conference agreement includes $25,657,000 in capital 
     program activities for the costs of pending projects in 
     Chengdu, Shenyang and Guangzhou.
       The conferees note that the budget request included planned 
     expenditures of $92,500,000 from proceeds of sale of surplus 
     property for opportunity purchases and capital projects. The 
     conferees expect the Department to submit a spending plan for 
     these funds that includes: at least $42,500,000 for 
     opportunity purchases to replace uneconomical leases; at 
     least $25,000,000 for capital security projects; and 
     $5,000,000 for Taiwan design costs. Any additional use of 
     these funds is subject to reprogramming.
       The conferees are aware that high operating costs in Paris 
     have prompted a review of the post with the intent of 
     transferring personnel and functions to lower cost cities. 
     The conferees direct the Department to review the operations 
     of the Paris Financial Service Center and determine if any 
     services could be performed in the United States at the 
     Charleston Financial Service Center. The Department shall 
     develop plans to transfer any such services to the United 
     States consistent with the Department's overall financial 
     systems improvement schedule and on a time line that is 
     cost effective. A progress report on Financial Service 
     Center

[[Page H12305]]

     consolidation shall be submitted to the House and Senate 
     Appropriations Committees not later than June 1, 2000.
       The conferees are aware the Department is projecting a need 
     for diversity visa processing capacity, and expect the 
     Department to implement plans for a facility to meet such a 
     need in a State previously designated for the purpose of 
     passport processing.
       The Department is directed to submit, and receive approval 
     for, a financial plan for the funding provided under this 
     account, whether from direct appropriations or proceeds of 
     sales, prior to the obligation or expenditure of funds for 
     capital and rehabilitation projects. The conferees expect 
     that the amount in the plan for the leasehold program will 
     not exceed $138,210,000. The Department may include in the 
     plan the costs of physical security upgrades including the 
     costs of expanding Marine posts to new locations. The 
     conferees agree that any such amount for expanding Marine 
     posts to new locations shall not exceed half the total costs, 
     in accordance with the existing cost-sharing arrangement.
       The overall spending plan shall include project-level 
     detail, and shall be provided to the Appropriations 
     Committees not later than 30 days after the date of enactment 
     of this Act. Any deviation from the plan after approval shall 
     be treated as a reprogramming in the case of an addition 
     greater than $500,000 or as a notification in the case of a 
     deletion, a project cost overrun exceeding 25 percent, or a 
     project schedule delay exceeding 6 months. Notification 
     requirements also extend to the rebaselining of a given 
     project's cost estimate, schedule, or scope of work.
       The conferees agree that no additional funding shall be 
     allocated in fiscal year 2000 for the ongoing rehabilitation 
     of the Ambassador's residence in London.
       The conferees direct the Department to submit to the 
     Committees a plan to implement the September 1998 
     recommendation of the Inspector General to sell a certain 
     property in France, referenced in the Senate report.
       As in the past, immediate notification is expected if there 
     are facilities that the Department believes pose serious 
     security risks.


           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

       The conference agreement includes $5,500,000 for 
     Emergencies in the Diplomatic and Consular Service account, 
     as provided in the House bill, instead of $7,000,000, as 
     provided in the Senate bill. The conference agreement does 
     not adopt the provision in the Senate report designating not 
     more than $5,000,000 under this account for costs associated 
     with the World Trade Organization conference in Seattle, 
     Washington. The conferees address funding for these costs 
     under the Diplomatic and Consular Programs account.


                   REPATRIATION LOANS PROGRAM ACCOUNT

       The conference agreement includes a total appropriation of 
     $1,200,000 for the Repatriation Loans Program account, as 
     provided in both the House and Senate bills.


              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

       The conference agreement includes $15,375,000 for the 
     Payment to the American Institute in Taiwan account, instead 
     of $14,750,000 as proposed in the House bill and $16,000,000 
     as proposed in the Senate bill. Increased funding over the 
     fiscal year 1999 level may be used for costs of security 
     upgrades as described in the Senate report. The conferees 
     expect the Department to submit a spending plan to the 
     Committees, as indicated in the House report.


     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

       The conference agreement includes $128,541,000 for the 
     Payment to the Foreign Service Retirement and Disability Fund 
     account, as provided in both the House and Senate bills.

              International Organizations and Conferences


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       The conference agreement includes $885,203,000 for 
     Contributions to International Organizations to pay the costs 
     assessed to the United States for membership in international 
     organizations, instead of $842,937,000 as proposed in the 
     House bill, and $943,308,000 as proposed in the Senate bill, 
     of which $836,308,000 was for current year assessments, and 
     $107,000,000 was for payment of arrearages to the United 
     Nations. The conference agreement includes all arrearage 
     payments under a separate account.
       The conference agreement includes language providing that 
     none of the funds can be used for the U.S. share of interest 
     costs for loans incurred after October 1, 1984 through 
     external borrowings, as provided in the House bill. The 
     Senate bill did not contain a similar provision.
       The conference agreement includes language providing that 
     funds under this account may be used to pay the full United 
     States assessment to the NATO civil budget, as proposed in 
     the House bill. The Senate bill did not contain a similar 
     provision.
       The conference agreement does not include a provision 
     making $100,000,000 available only upon certifications that 
     the United Nations is staying within a zero nominal growth 
     budget for both the 1998-1999 and 2000-2001 biennial budgets, 
     as proposed in the House bill. The conferees expect that the 
     Department will make every effort to ensure that the United 
     Nations stays within the expected 1998-1999 budget of 
     $2,533,000,000 and accomplishes a zero nominal growth 2000-
     2001 budget at the United Nations General Assembly meeting in 
     December 1999. The Department shall report to the Committees 
     on these efforts by January 15, 2000.
       The conference agreement does not contain a number of 
     provisions in the Senate bill relating to payment of 
     arrearages. Arrearages are addressed in a separate account.
       The $885,203,000 provided by the conference agreement is 
     expected to be sufficient to fully pay assessments to 
     international organizations. With excess fiscal year 1999 
     funds, including a transfer from the Contributions for 
     International Peacekeeping account, the conferees expect the 
     Department to prepay $47,040,000 of the fiscal year 2000 
     assessment for the United Nations regular budget. 
     Consequently, although the budget requested $963,308,000 for 
     this account, based on the prepayment of U.N. assessments and 
     further exchange rate gains, the adjusted request is 
     $885,842,000. The conference agreement does not include 
     requested funding for the Inter-American Indian Institute, 
     the Interparliamentary Union, and the Bureau of International 
     Expositions.
       The conference agreement provides funding under this 
     account for assessments for all international organizations. 
     The Senate report proposed to transfer funding for commodity-
     based organizations to the Commerce Department and funding 
     for the International Telecommunications Union to the Federal 
     Communications Commission. The conferees direct the 
     Department to take the necessary steps to ensure that full 
     and timely payments are made to these organizations.
       Provisions in the House report relating to reports on 
     reforms in international organizations, tax equalization 
     adjustments, and the Pan American Health Organization are 
     adopted by reference.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       The conference agreement provides $500,000,000 for 
     Contributions for International Peacekeeping Activities 
     instead of $200,000,000 as proposed in the House bill, and 
     $387,925,000 as proposed in the Senate bill, of which 
     $143,925,000 was for payment of current year peacekeeping 
     assessments and $244,000,000 was for payment of peacekeeping 
     arrearages. The conference agreement addresses arrearages 
     under a separate account.
       The conference agreement includes a provision that, of the 
     total funding provided under this heading, not to exceed 
     $20,000,000 shall remain available until September 30, 2001. 
     The Senate bill made $28,093,000 available until September 
     30, 2001 and the House bill had no provision on the matter. 
     The conferees intend that before any excess funding shall be 
     carried over into fiscal year 2001 in this account, the 
     Department shall transfer the maximum allowable amount to the 
     Contributions to International Organizations account to 
     prepay the fiscal year 2001 assessment for the United Nations 
     regular budget.
       The conference agreement includes a provision that 
     prohibits obligation or expenditure of funds for new or 
     expanded U.N. peacekeeping missions unless, at least 15 days 
     prior to the Security Council vote, the appropriate 
     Committees of the Congress are notified of the estimated cost 
     and length of the mission, the vital national interest that 
     will be served, and the planned exit strategy; and a 
     reprogramming of funds is submitted setting forth the source 
     of funds that will be used to pay for the cost of the new or 
     expanded mission, as included in the House bill. The Senate 
     bill did not contain a provision on this matter.
       The conference agreement contains a provision requiring a 
     certification that American manufacturers and suppliers are 
     being given opportunities to provide equipment, services, and 
     material for U.N. peacekeeping activities equal to those 
     being given to foreign manufacturers and suppliers, as 
     provided in the House bill. The Senate bill did not contain a 
     provision on this matter.
       In addition, the conference agreement includes a provision 
     prohibiting funds from being used to pay the United States 
     share of the cost of judicial monitoring that is part of any 
     United Nations peacekeeping mission, as proposed in the House 
     bill. Thus, if any current or future peacekeeping operation 
     includes judicial monitoring as one of its functions, the 
     U.S. will have to withhold its proportionate share of the 
     cost of any court monitoring that is included in such a 
     mission. This provision was not included in the Senate bill.
       The conference agreement does not include several 
     provisions relating to arrearages that were included in the 
     Senate bill, as arrearages are addressed under a separate 
     account.
       The conference agreement includes funding for anticipated 
     assessments for peacekeeping missions including those in the 
     Golan Heights, Lebanon, Iraq/Kuwait, Bosnia-Herzegovina, 
     Cyprus, Georgia, Tajikistan, as well as War Crimes Tribunals 
     for Yugoslavia and Rwanda. The conference agreement does not 
     include requested funding for missions in Western Sahara or 
     Haiti. The conference agreement includes additional 
     resources, which may be applied to additional assessments 
     subject to reprogramming requirements. The conferees are 
     aware that additional assessments are expected in fiscal year 
     2000 for new and expanded peacekeeping missions, including 
     those in Kosovo, Sierra Leone and East Timor.

[[Page H12306]]

       The statement of managers adopts by reference language in 
     the House report making it clear that the Department is 
     expected to live within the appropriation, to support the 
     work of the United Nations Office of Internal Oversight 
     Service, and to take all actions necessary to prevent 
     conversion of loaned employees into permanent positions at 
     the United Nations.


                           ARREARAGE PAYMENTS

       The conference agreement includes a total of $351,000,000 
     for arrearage payments, as proposed in the House bill under 
     this account, instead of $107,000,000 and $244,000,000 as 
     proposed in the Senate bill under Contributions to 
     International Organizations and Contributions for 
     International Peacekeeping, respectively. The conference 
     agreement includes $244,000,000 for the payment of 
     arrearages, and an additional $107,000,000 to reduce the 
     total amount of arrearages owed to the United Nations.
       The conference agreement does not include language, as 
     proposed in the House bill, making the amounts provided under 
     this heading subject to enactment of authorizing legislation 
     that makes payment of arrearages contingent upon United 
     Nations reform. The conferees understand that such 
     authorization will be included as a separate division in this 
     Act, and that the amounts provided under this heading will be 
     used pursuant to the reform conditions contained in that 
     division.
       The conference agreement makes the expenditure of the 
     $244,000,000 provided for payment of arrearages contingent 
     upon a reduction in the U.S. assessment rate for the 
     designated specialized agencies to not more than 22 percent, 
     and upon the achievement of zero nominal growth budgets in 
     the designated specialized agencies for the 2000-2001 
     biennium. These conditions are included among the conditions 
     pending as part of the authorization, and are intended to 
     assure that real and substantial reforms are achieved at the 
     U.N. and other international organizations prior to payment 
     of arrearage funding, and that assessment reductions are made 
     that will provide long-term savings to the American tax-
     payer.
       The conferees expect the Department to provide the 
     Committees with a report on the payment of arrearages to 
     international organizations as specified in the House report.

                       International Commissions


 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

                         SALARIES AND EXPENSES

       The conference agreement includes $19,551,000 for Salaries 
     and Expenses of the International Boundary and Water 
     Commission (IBWC), as proposed in both the House and Senate 
     bills.


                              CONSTRUCTION

       The conference agreement includes $5,939,000 for the 
     Construction account of the IBWC as proposed in the Senate 
     bill, instead of $5,750,000 as proposed in the House bill. 
     The conferees agree that allocation of funding for specific 
     projects shall reflect the direction in both the House and 
     Senate reports. The conference agreement adopts, by 
     reference, language in the House report regarding the 
     reallocation of funds subject to reprogramming, and a 
     reporting requirement on a certain wastewater treatment 
     situation.


              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

       The conference agreement includes $5,733,000 for the U.S. 
     share of expenses of the International Boundary Commission, 
     the International Joint Commission, United States and Canada, 
     and the Border Environment Cooperation Commission, as 
     proposed in both the House and Senate bills. The conference 
     level will provide funding for all three commissions at the 
     fiscal year 1999 levels.

                  International Fisheries Commissions

       The conference agreement includes $15,549,000 for the U.S. 
     share of the expenses of the International Fisheries 
     Commissions and related activities, as proposed in the Senate 
     bill, instead of $14,549,000 as proposed in the House bill.
       The conference agreement does not include provisions in the 
     Senate bill limiting the amount to be obligated and expended 
     by the Inter-American Tropical Tuna Commission and 
     prohibiting the importation of tuna from certain countries 
     under certain conditions. The House bill did not contain 
     similar provisions.
       The conference agreement adopts, by reference, language in 
     the House report regarding the application of reductions if 
     necessary, and language in the Senate report on funding for 
     the Great Lakes Fishery Commission (GLFC), including sea 
     lamprey operations and research, costs of treating Lake 
     Champlain, and priority to States providing matching funds.

                                 Other


                     PAYMENT TO THE ASIA FOUNDATION

       The conference agreement includes $8,250,000 for the 
     Payment to the Asia Foundation account, instead of $8,000,000 
     as provided in the House bill, and instead of no funding as 
     provided in the Senate bill.


           EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Trust Fund in fiscal year 2000 to be 
     used for necessary expenses of the Eisenhower Exchange 
     Fellowships.


                    ISRAELI ARAB SCHOLARSHIP PROGRAM

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Scholarship Fund in fiscal year 2000 
     to be used for necessary expenses of the Israeli Arab 
     Scholarship Program.


                            EAST-WEST CENTER

       The conference agreement includes $12,500,000 for 
     operations of the East-West Center as proposed in the Senate 
     bill, instead of no funds as proposed in the House bill. The 
     conference agreement does not include a transfer of 
     $13,500,000 from the Department of State, Diplomatic and 
     Consular Programs account, as proposed in the Senate bill. 
     The conferees adopt, by reference, the reporting 
     requirement in the Senate report on immersion programs.


                           NORTH/SOUTH CENTER

       The conference agreement includes $1,750,000 for operations 
     of the North/South Center, instead of no funds as proposed in 
     both the House and Senate bills. The conference agreement 
     does not include an earmark of funding under the Educational 
     and Cultural Exchange Programs account for the North/South 
     Center, as proposed in the Senate report.


                    NATIONAL ENDOWMENT FOR DEMOCRACY

       The conference agreement includes $31,000,000 for the 
     National Endowment for Democracy as proposed in the House 
     bill, instead of $30,000,000 as proposed in the Senate bill.

                             Related Agency

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       The conference agreement includes $388,421,000 for 
     International Broadcasting Operations, instead of 
     $410,404,000 as proposed in the House bill, and instead of 
     $362,365,000 as proposed in the Senate bill. Rather than 
     funding broadcasting to Cuba under this account, as proposed 
     by the House, all funding for broadcasting to Cuba is 
     included under a separate account, as proposed by the Senate 
     and consistent with the fiscal year 1999 appropriations Act.
       The amount provided represents a freeze at fiscal year 1999 
     funding levels for all broadcast entities funded under this 
     account, as provided in the House bill. The Broadcasting 
     Board of Governors is directed to submit to the House and 
     Senate Committees on Appropriations, no later than sixty days 
     from the date of enactment of this Act, a financial plan 
     including a distribution of the total resources available 
     under this account. The conferees intend that the 
     distribution of available resources shall include amounts 
     sufficient to avoid reductions in force at the grantee 
     broadcasting entities.
       The conference agreement adopts by reference language in 
     the House report requiring a report on management responses 
     to Inspector General recommendations on Radio Marti, and 
     language in the Senate report requiring the submission of a 
     master plan for overseas security.


                          BROADCASTING TO CUBA

       The conference agreement includes $22,095,000 for 
     Broadcasting to Cuba under a separate account, instead of 
     $23,664,000 as proposed in the Senate bill, and instead of 
     $22,095,000 within the total for International Broadcasting 
     Operations, as proposed in the House bill. The conference 
     agreement includes language, as proposed in the Senate bill, 
     that funds may be used for aircraft to house television 
     broadcasting equipment. The House bill did not contain a 
     provision on this matter.


                   BROADCASTING CAPITAL IMPROVEMENTS

       The conference agreement includes $11,258,000 for the 
     Broadcasting Capital Improvements account, as proposed in the 
     House bill, instead of $13,245,000 as proposed in the Senate 
     bill under the heading ``Radio Construction''. The conference 
     agreement adopts a new name for this account, as requested. 
     This account provides funding for maintenance, improvements, 
     replacements and repairs; satellite and terrestrial program 
     feeds; engineering support activities; and broadcast facility 
     leases and land rentals.
       The conferees expect the Broadcasting Board of Governors 
     (BBG) to submit a spending plan within sixty days from the 
     date of enactment of this Act allocating funds available in 
     this account, including carryover balances, to various 
     activities. The conferees encourage the BBG to consider, 
     among other priorities, allocating funding for rotatable 
     transmitting antennas.
       The conference agreement includes, by reference, language 
     in the House report regarding ongoing digital conversion 
     efforts.

       General Provisions--Department of State and Related Agency

       Section 401.--The conference agreement includes section 
     401, as provided in both the House and Senate bills, 
     permitting use of funds for allowances, differentials, and 
     transportation.
       Sec. 402.--The conference agreement includes section 402, 
     as provided in the House bill, dealing with transfer 
     authority. The Senate bill contained a similar provision, 
     allowing transfers of different percentages of 
     appropriations.
       Sec. 403.--The conference agreement includes section 403, 
     as provided in both the House and Senate bills, authorizing 
     the Secretary of State to administer summer travel and work 
     programs without regard to preplacement requirements.

[[Page H12307]]

       Sec. 404.--The conference agreement includes section 404, 
     as provided in the House bill, making permanent a provision 
     in last year's bill waiving the fee for border crossing cards 
     from Mexico for children under 15. The Senate bill did not 
     include a provision on this matter.
       Sec. 405.--The conference agreement includes section 405, 
     as provided in both the House and Senate bills, prohibiting 
     the use of funds by the Department of State or the 
     Broadcasting Board of Governors (BBG) to provide certain 
     types of assistance to the Palestinian Broadcasting 
     Corporation (PBC). The conference agreement does not include 
     training that supports accurate and responsible broadcasting 
     among the types of assistance prohibited. The conferees agree 
     that neither the Department of State, nor the BBG, shall 
     provide any assistance to the PBC that could support 
     restrictions of press freedoms or the broadcasting of 
     inaccurate, inflammatory messages. The conferees further 
     expect the Department and the BBG to submit a report to the 
     Committees, before December 15, 1999, detailing any programs 
     or activities involving the PBC in fiscal year 1999, and any 
     plans for such programs in fiscal year 2000.
       Sec. 406.--The conference agreement includes section 408, 
     as proposed in the Senate bill, prohibiting the use of funds 
     made available in this Act by the United Nations for 
     activities authorizing the United Nations or any of its 
     specialized agencies or affiliated organizations to tax any 
     aspect of the Internet.
       Sec. 407.--The conference agreement includes section 409, 
     not included in either the House or Senate bill, waiving 
     provisions of existing legislation that require 
     authorizations to be in place for the State Department and 
     the Broadcasting Board of Governors prior to the expenditure 
     of any appropriated funds.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                       maritime security program

       The conference agreement includes $96,200,000 for the 
     Maritime Security Program instead of $98,700,000 as proposed 
     in both the House and Senate bills. The conferees understand 
     that at least $2,500,000 in carryover funding is available, 
     in addition to the amount provided, to allow full funding for 
     the fiscal year 2000 requirements of the program.


                        operations and training

       The conference agreement includes $72,073,000 for the 
     Maritime Administration Operations and Training account 
     instead of $71,303,000 as proposed in the House bill and 
     $72,664,000 as proposed in the Senate bill. Within this 
     amount, $34,073,000 shall be for the operation and 
     maintenance of the U.S. Merchant Marine Academy, including 
     $2,000,000 to address maintenance backlogs.
       The conference agreement includes $7,000,000 for the State 
     Maritime Academies. Within the amount for State Maritime 
     Academies, $1,200,000 shall be for student incentive 
     payments, the same amount as provided in 1999. The conference 
     agreement includes by reference the language in the Senate 
     report regarding the Great Lakes Maritime Academy.
       The conferees agree that the amounts designated for the 
     U.S. Merchant Marine Academy and the State Maritime Academies 
     shall not be used to cover Maritime Administration 
     administrative costs associated with the Academies, as was 
     proposed in the budget request. Such costs shall be covered 
     from funding in this account for MARAD general 
     administration. The conference agreement also includes 
     funding under MARAD general administration under this 
     account to conduct a needs assessment on infrastructure 
     improvements at the U.S. Merchant Marine Academy, as 
     described in the House report. The conference agreement 
     includes no funds for the Ready Reserve Force for fiscal 
     year 2000. In fiscal year 1996, funding for this account 
     was transferred to the Department of Defnese.


          maritime guaranteed loan (title xi) program account

       The conference agreement provides $6,000,000 in subsidy 
     appropriations for the Maritime Guaranteed Loan Program 
     instead of $5,400,000 as proposed in the House bill and 
     $11,000,000 as proposed in the Senate bill. This amount will 
     subsidize a program level of not more than $1,000,000,000 as 
     proposed in both the House and Senate bills.
       The conference agreement also includes $3,809,000 for 
     administrative expenses associated with the Maritime 
     Guaranteed Loan Program instead of $3,725,000 as proposed in 
     the House bill, and $3,893,000 as proposed in the Senate 
     bill. The amount for administrative expenses may be 
     transferred to and merged with amounts under the MARAD 
     Operations and Training account.
       The conferees understand that MARAD expects to carry over 
     approximately $63,600,000 in this account which may be used 
     as additional subsidy budget authority in fiscal year 2000. 
     The conferees direct MARAD to submit quarterly reports to the 
     Committees on Title XI obligations, including information on 
     total loan principal guaranteed by each separate fiscal 
     year's subsidy appropriation.


           administrative provisions--maritime administration

       The conference agreement includes provisions involving 
     Government property controlled by MARAD, the accounting for 
     certain funds received by MARAD, and a prohibition on 
     obligations from the MARAD construction fund. The conference 
     agreement includes these provisions with the modification as 
     proposed in the House bill, instead of as proposed in the 
     Senate bill.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       The conference agreement provides $490,000 for the 
     Commission for the Preservation of America's Heritage Abroad, 
     as proposed in the Senate bill, instead of $265,000 as 
     proposed in the House bill. Within the amount provided, the 
     conferees agree that $100,000 is provided as a one-time 
     increase to support Commission efforts to attract private 
     funding for a restoration project in Sarajevo, as described 
     in the House report. The conference agreement includes, by 
     reference, language in the Senate report regarding the 
     completion of surveys in progress.

                       Commission on Civil Rights


                         salaries and expenses

       The conference agreement includes $8,900,000 for the 
     salaries and expenses of the Commission on Civil Rights as 
     proposed in both the House and Senate bills.
       The conferees direct the Commission to expedite the 
     completion of its report on the public hearing conducted on 
     May 26, 1999, in New York on Police Practices and Civil 
     Rights.
       The Conferees expect the Commission to keep the Committees 
     informed on the status of management improvements, including 
     developing the ability to plan and budget for projects and to 
     track the progress and ongoing costs of such projects.

               Advisory Commission on Electronic Commerce


                         salaries and expenses

       The conference agreement includes $1,400,000 for the 
     Advisory Commission on Electronic Commerce. The Commission 
     was created by Public Law 105-277. The House and Senate bills 
     did not contain funding for the Commission.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       The conference agreement includes $1,182,000 for the 
     Commission on Security and Cooperation in Europe instead of 
     $1,170,000 as proposed in the House bill and $1,250,000 as 
     proposed in the Senate bill.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $282,000,000 for the 
     salaries and expenses of the Equal Employment Opportunity 
     Commission, instead of $279,000,000 as proposed in both the 
     House and Senate bills.
       Within the total amount, the conference agreement includes 
     $29,000,000 for payments to State and local Fair Employment 
     Practices Agencies (FEPAs) for specific services to the 
     Commission, as proposed in both the House and Senate bills. 
     The conferees encourage the EEOC to utilize the experience 
     the FEPAs have in mediation as the Commission implements its 
     alternative dispute resolution programs. The Committees are 
     willing to entertain proposals to reprogram additional 
     funds to the FEPAs for this purpose.
       The conferees expect the EEOC to submit a spending plan to 
     the Committees before December 31, 1999, describing the 
     allocation of funding to various Commission activities, 
     including private sector charge backlog reduction, ADR and 
     mediation initiatives, litigation, and automation 
     improvements. The conferees expect the EEOC to allocate funds 
     as necessary to achieve private sector charge backlog 
     reduction targets, as noted in the House report.

                   Federal Communications Commission


                         salaries and expenses

       The conference agreement includes a total $210,000,000 for 
     the salaries and expenses of the Federal Communications 
     Commission (FCC) instead of $192,000,000 as proposed in the 
     House bill and $232,805,000 as proposed in the Senate bill. 
     Of the amounts provided, $185,754,000 is to be derived from 
     offsetting fee collections, as proposed in both the House and 
     Senate bills, resulting in a net direct appropriation of 
     $24,246,000, instead of $6,246,000 included in the House 
     bill, and $47,051,000 included in the Senate bill.
       The conference agreement does not include a provision, 
     proposed in the Senate bill, giving the FCC the authority to 
     independently operate the FCC headquarters building. The 
     House bill did not contain a provision on this matter.
       The conferees did not retain Senate bill language regarding 
     area code conservation. The conferees are aware that the 
     Commission has issued a Notice of Proposed Rulemaking (NPRM) 
     to assist the State public utility commissions in their 
     efforts to conserve numbers in specific area codes. The 
     Commission anticipates issuing an order by the end of the 
     first quarter of 2000. The conferees expect the Commission to 
     keep to this schedule and issue a final order on area code 
     conservation measures no later than March 31, 2000.

                      Federal Maritime Commission


                         salaries and expenses

       The conference agreement includes $14,150,000 for the 
     salaries and expenses of

[[Page H12308]]

     the Federal Maritime Commission, as proposed in both the 
     House and Senate bills.

                        Federal Trade Commission


                         salaries and expenses

       The conference agreement includes a total operating level 
     of $125,024,000 for the Federal Trade Commission, instead of 
     $116,679,000 as proposed in the House bill, and $133,368,000 
     as proposed in the Senate bill. The conference agreement 
     assumes that, of the amount provided, $104,024,000 will be 
     derived from fees collected in fiscal year 2000 and 
     $21,000,000 will be derived from estimated unobligated fee 
     collections available from Fiscal Year 1999. These actions 
     result in a final appropriated level of $0, as proposed in 
     both the House and Senate bills.
       The conferees intend that any excess fee collections shall 
     remain available for the Federal Trade Commission in future 
     years. The conference agreement includes language, not 
     included in either the House or Senate bills, specifying that 
     fees may be retained and used notwithstanding a specific 
     provision of law, rather than notwithstanding any provision 
     of law.
       The conferees agree that increased resources in this 
     account shall be used to help safeguard consumers and nurture 
     the development of the electronic marketplace, consistent 
     with language in the Senate report.
       The conferees support the Commission on its efforts to 
     study the marketing practices of the entertainment industry. 
     The intent of the study is to determine whether and to what 
     extent the industry markets violent material rated for adults 
     to children.
       The conferees understand that the FTC recently completed a 
     report raising questions regarding the health effects of 
     regular cigar smoking. The conferees are aware of concerns 
     that cigar and pipe tobacco remain as the last major tobacco 
     products without a uniform Federal health warning label. The 
     conferees direct the FTC to report back to the Committees on 
     Commission plans for implementing new requirements to address 
     this issue.

                       Legal Services Corporation


               payment to the legal services corporation

       The conference agreement includes $305,000,000 for payment 
     to the Legal Services Corporation, instead of $300,000,000 as 
     proposed in the Senate bill, and $250,000,000 as proposed in 
     the House bill.
       The conference agreement provides $289,000,000 for grants 
     to basic field programs and independent audits, $8,900,000 
     for management and administration, and $2,100,000 for the 
     Office of the Inspector General, as proposed by the Senate. 
     The agreement also includes $5,000,000 to provide technology 
     grants to Legal Services Corporation grantees to be used to 
     improve pro se clinic methods and acquire computerized 
     systems that make basic legal information and court forms 
     accessible to pro se litigants. These grants are made with 
     the understanding, as stated in the Legal Services 
     Corporation budget request, that the grantees make a 
     commitment to include in their budgets for future years 
     amounts sufficient to maintain and upgrade their equipment. 
     The conferees note that $28,000,000 is provided for civil 
     legal assistance under the Violence Against Women Act program 
     funded under title I of this bill.
       The conferees expect that any unobligated balances 
     remaining available at the end of the fiscal year may be 
     reallocated among participating programs for technology 
     enhancements and demonstration projects in succeeding fiscal 
     years, subject to the reprogramming procedures in Section 605 
     of this Act.
       The conferees have concerns about the case service 
     reporting and associated data reports submitted annually by 
     the Corporation's grantees and the case statistical reports 
     submitted by the Corporation to the Congress, and the 
     conferees direct the Corporation to make improvement of the 
     accuracy of these submissions a top priority, per directions 
     in the House report. The conferees also direct the 
     Corporation to submit its 1999 annual case service reports 
     and associated data reports to Congress no later than April 
     30, 2000. The Office of the Inspector General will assess the 
     case service information provided by the grantees, and will 
     report to the Committees no later than July 30, 2000, as to 
     its accuracy, as described in the House report. The 
     conference agreement also includes the two feasibility 
     reports described in the House report, due no later than 
     June 1, 2000. The conferees urge the Corporation to 
     provide its annual case service reports by May 1 of each 
     following fiscal year, as described in the House report. 
     The conferees direct the Corporation to keep the 
     Committees fully informed on its study of the issue of the 
     statutory requirement that aliens be ``present in the 
     United States'', as described in the House report.


          administrative provision--legal services corporation

       The Conference recommendation includes bill language to 
     continue the terms and conditions included under this section 
     in the fiscal year 1999 bill, as proposed in the House. The 
     Senate bill contained similar language, but did not propose 
     to continue provisions regarding public disclosure of certain 
     information and treatment of assets and income for certain 
     clients.

                        Marine Mammal Commission


                         salaries and expenses

       The conference agreement includes $1,270,000 for the 
     salaries and expenses of the Marine Mammal Commission, 
     instead of $1,240,000 as proposed in the House bill and 
     $1,300,000 as proposed in the Senate bill.

                   Securities and Exchange Commission


                         salaries and expenses

       The conference agreement includes $367,900,000 for the 
     Securities and Exchange Commission, instead of $324,000,000 
     as proposed in the House bill and $370,800,000 as proposed in 
     the Senate bill. The conference agreement includes bill 
     language appropriating separate amounts from offsetting fee 
     collections from fiscal years 1998 and 2000, as proposed in 
     both the House and Senate bills. The conference agreement 
     includes $194,000,000 in fees collected in fiscal year 1998, 
     and $173,800,000 in fees to be collected in fiscal year 2000.
       The conference agreement provides for the Commission's 
     adjustments to base and the requested program increases for 
     additional staff and litigation support. Additional amounts 
     are provided to improve enforcement and investor education 
     related to Internet securities fraud as described in the 
     Senate report.
       The conferees intend that any offsetting fee collections in 
     fiscal year 2000 in excess of $173,800,000 will remain 
     available for the Securities and Exchange Commission in 
     future years through the regular appropriations process.
       The conferees agree that the Commission shall conduct a 
     study on the effects on securities markets of electronic 
     communications networks and extended trading hours, as 
     provided in the Senate bill. This report shall be submitted 
     to the Committees no later than March 1, 2000.

                     Small Business Administration


                         salaries and expenses

       The conference agreement provides an appropriation of 
     $282,300,000 for the Small Business Administration (SBA) 
     Salaries and Expenses account, instead of $245,500,000 as 
     proposed in the House bill and $246,300,000 as proposed in 
     the Senate bill. In addition, the conference agreement 
     includes $10,500,000 for programs related to the New Markets 
     Venture Capital Program subject to the authorization of that 
     program, including $1,500,000 for BusinessLINC and $9,000,000 
     for technical assistance.
       In addition to amounts made available under this heading, 
     the conference agreement includes $129,000,000 for 
     administrative expenses under the Business Loans Program 
     account. This amount is transferred to and merged with 
     amounts available under Salaries and Expenses. The conference 
     agreement includes an additional $136,000,000 for 
     administrative expenses under the Disaster Loans Program 
     account, which may under certain conditions be transferred to 
     and merged with amounts available under Salaries and 
     Expenses. These conditions are described under the 
     Disaster Loans Program account.
       The conference agreement provides a total of $107,695,000 
     for SBA's regular operating expenses under this account. This 
     amount includes $2,000,000 for necessary expenses of the 
     HUBZone program, and $8,000,000 for initiatives to continue 
     the improvement of SBA's management and oversight of its loan 
     portfolio. The SBA shall submit a plan, prior to the 
     expenditure of resources for portfolio management, in 
     accordance with section 605 of this Act.
       With the exceptions noted above, the conference agreement 
     does not include new program initiatives requested by the SBA 
     for fiscal year 2000. The conference agreement includes the 
     following amounts for noncredit programs:

Small Business Development Centers..........................$84,500,000
7(j) Technical Assistance.....................................3,600,000
Microloan Technical Assistance...............................23,200,000
SCORE.........................................................3,500,000
Business Information Centers....................................500,000
Women's Business Centers......................................9,000,000
Survey of Women-Owned Businesses................................790,000
National Women's Business Council...............................600,000
EZ/EC One Stop Capital Shops..................................3,100,000
US Export Assistance Centers..................................3,100,000
Advocacy Research.............................................1,100,000
Veterans Outreach...............................................615,000
SBIR Technical Assistance.......................................500,000
ProNet..........................................................500,000
Drug-free Workplace Grants....................................3,500,000
Regulatory Fairness Boards......................................500,000
                                                       ________________
                                                       
    Total...................................................138,605,000

       Small Business Development Centers (SBDC).--Of the amounts 
     provided for SBDCs, the conference agreement includes 
     $2,000,000 to continue the SBDC Defense transition program, 
     and $1,000,000 to continue the Environmental Compliance 
     Project, as directed in the House report. In addition, the 
     conference agreement includes language proposed in the Senate 
     bill making funds for the SBDC program available for two 
     years.
       Microloan Technical Assistance.--The conference agreement 
     includes $23,200,000 for the Microloan Technical Assistance 
     program. The conferees intend that, in addition, any 
     unobligated fiscal year 1999 funds associated with this 
     program will be applied to the fiscal year 2000 program.
       Advocacy Research.--The conference includes $1,100,000 for 
     Advocacy Research. The

[[Page H12309]]

     conferees encourage the Office of Advocacy to pursue the 
     study identified in the House report on the livestock and 
     agriculture industries.
       The conference agreement adopts language included in the 
     House report directing the SBA to fully LowDoc Processing 
     Centers, and to continue activities assisting small 
     businesses to adapt to a paperless procurement environment, 
     as well as activities which assist small businesses in making 
     the transition to meet both military and ISO 9000 quality 
     systems requirements.


                      office of inspector general

       The conference agreement provides $11,000,000 for the SBA 
     Office of Inspector General, instead of $10,800,000 as 
     proposed in the House bill and $13,250,000 recommended in the 
     Senate bill.
       An additional $500,000 has been provided under the 
     administrative expenses of the Disaster Loans Program to be 
     made available to the Office of Inspector General for work 
     associated with oversight of the Disaster Loans Program.
       The conferees agree that the OIG should allocate resources 
     to the priority areas mentioned in the Senate report.


                     business loans program account

       The conference agreement includes $266,800,000 under the 
     SBA Business Loans Program Account, instead of $222,792,000 
     as proposed in the House bill, and $297,368,000 as proposed 
     in the Senate bill. Within the amount provided, $6,000,000 
     shall be available only for the New Markets Venture Capital 
     Program, subject to the enactment of authorizing legislation 
     in fiscal year 2000.
       No appropriation is provided for the costs of direct loans. 
     The conferees understand that $2,500,000 in carryover is 
     available for the Microloan Direct Loan Program, and will 
     support an estimated 2000 program level of over $29,000,000. 
     The conferees direct the SBA to submit the report on 
     Microloan programs requested in the House report.
       The conference agreement includes $137,800,000 for the 
     costs of guaranteed loans, including the following programs:
       7(a) General Business Loans.--The conference agreement 
     provides $107,500,000 in subsidy appropriations for the 7(a) 
     general business guaranteed loan program, instead of 
     $106,400,000 as proposed in the House bill and $118,500,000 
     as proposed in the Senate bill. When combined with $7,000,000 
     in available carryover balances and recoveries, this amount 
     will subsidize an estimated 2000 program level of 
     $9,871,000,000, assuming a subsidy rate of 1.16%. In 
     addition, the conference agreement includes a provision, as 
     proposed in the House bill, requiring the SBA to notify the 
     Committees on Appropriations in accordance with section 
     605 of this Act prior to providing a total program level 
     greater than $10,000,000,000, instead of greater than 
     $10,500,000,000 as proposed in the Senate bill. The 
     conferees agree with the concerns expressed by the Senate 
     that many small businesses are not adequately prepared for 
     the problems they may face from Y2K computer problems and 
     about the impact that the Y2K computer problem may have on 
     the economy and, in particular, on small business owners 
     and their employees. Consequently, the conferees agree 
     that the Small Business Administration must give the 
     highest priority to loans to small businesses to correct 
     Y2K computer problems affecting their own information 
     technology systems or other automated systems, and loans 
     to provide relief for small businesses from economic 
     injuries suffered as a direct result of their own Y2K 
     computer problems or some other entity's Y2K computer 
     problems.
       Small Business Investment Companies (SBIC).--The conference 
     agreement provides $24,300,000 for the SBIC participating 
     securities program, instead of $21,630,000 as proposed in the 
     House bill, and $25,868,000 as proposed in the Senate bill. 
     This amount will result in an estimated total program level 
     of $1,350,000,000 in fiscal year 2000. No appropriation is 
     provided for the debentures program, as the program will 
     operate with a zero subsidy rate in fiscal year 2000. The 
     conference agreement includes language proposed in the House 
     bill limiting the debentures program to the authorized 
     program level, instead of similar language in the Senate 
     bill.
       Microloan Guaranty Programs.--The conference agreement does 
     not include new appropriations for the Microloan Guaranty 
     Program, as none were requested. Available carryover will 
     provide for the subsidy costs of, at least, the requested 
     2000 program level of $15,998,000.
       In addition, the conference agreement includes $129,000,000 
     for administrative expenses to carry out the direct and 
     guaranteed loan programs as proposed in the Senate bill, and 
     instead of $94,000,000 as proposed in the House bill, and 
     makes such funds available to be transferred to and merged 
     with appropriations for Salaries and Expenses.


                     disaster loans program account

       The conference agreement includes a total of $276,400,000 
     for this account, of which $140,400,000 is for the subsidy 
     costs for disaster loans and $136,000,000 is for 
     administrative expenses associated with the disaster loans 
     program. The House bill proposed $139,400,000 for loans and 
     $116,000,000 for administrative expenses. The Senate bill 
     provided $77,700,000 for loans and $86,000,000 for 
     administrative expenses.
       For disaster loans, the conference agreement assumes that 
     the $140,400,000 subsidy appropriation, when combined with 
     $72,000,000 in carryover balances and $10,000,000 in 
     recoveries, will provide a total disaster loan program level 
     of $1,000,000,000. The conference agreement takes into 
     account that the Administration requested only $39,400,000 
     for disaster loan subsidies, which would have supported less 
     than one quarter of an average annual program. The 
     Administration is directed to realistically assess the level 
     of need for the disaster loans program and budget 
     accordingly.
       The conference agreement includes language, as proposed in 
     the Senate bill, allowing appropriations for administrative 
     costs to be transferred to and merged with appropriations for 
     Salaries and Expenses. The House bill did not include 
     language allowing such transfers. The conference agreement 
     includes a provision that any amount to be transferred to 
     Salaries and Expenses from the Disaster Loans Program account 
     in excess of $20,000,000 shall be treated as a reprogramming 
     of funds under section 605 of this Act. In addition, the 
     conferees agree that any such reprogramming shall be 
     accompanied by a report from the administrator on the 
     anticipated effect of the proposed transfer on the ability of 
     the SBA to cover the full annual requirements for direct 
     administrative costs of disaster loan making and servicing.
       Of the amounts provided for administrative expenses under 
     this heading, $500,000 is to be transferred to and merged 
     with the Office of Inspector General account for oversight 
     and audit activities related to the Disaster Loans program.


        administrative provision--small business administration

       The conference agreement includes a provision providing SBA 
     with the authority to transfer funds between appropriations 
     accounts as proposed in the House bill, instead of a similar 
     provision in the Senate bill.

                        State Justice Institute


                         salaries and expenses

       The conference agreement provides $6,850,000 for the 
     salaries and expenses of the State Justice Institute (SJI) as 
     proposed in the Senate bill, instead of no funding as 
     proposed in the House bill. The conference agreement does not 
     include the transfer of an additional $8,000,000 to this 
     account from the Courts of Appeals, District Courts and Other 
     Judicial Services account in Title III as proposed in the 
     Senate report.

                      TITLE VI--GENERAL PROVISIONS

       The conference agreement includes the following general 
     provisions:
       Section 601.--The conference agreement includes section 
     601, identical in both the House and Senate bills, regarding 
     the use of appropriations for publicity or propaganda 
     purposes.
       Sec. 602.--The conference agreement includes section 602, 
     identical in both the House and Senate bills, regarding the 
     availability of appropriations for obligation beyond the 
     current fiscal year.
       Sec. 603.--The conference agreement includes section 603, 
     identical in both the House and Senate bills, regarding the 
     use of funds for consulting services.
       Sec. 604.--The conference agreement includes section 604, 
     identical in both the House and Senate bills, providing that 
     should any provision of the Act be held to be invalid, the 
     remainder of the Act would not be affected.
       Sec. 605.--The conference agreement includes section 605, 
     as included in the House bill, establishing the policy by 
     which funding available to the agencies funded under this Act 
     may be reprogrammed for other purposes, instead of the 
     slightly modified Senate version.
       Sec. 606.--The conference agreement includes section 606, 
     identical in both the House and Senate bills, regarding the 
     construction, repair or modification of National Oceanic and 
     Atmospheric Administration vessels in overseas shipyards.
       Sec. 607.--The conference agreement includes section 607, 
     identical in both the House and Senate bills, regarding the 
     purchase of American-made products.
       Sec. 608.--The conference agreement includes section 608, 
     identical in both the House and Senate bills, which prohibits 
     funds in the bill from being used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission similar to proposed guidelines covering harassment 
     based on religion published by the EEOC in October, 1993.
       Sec. 609.--The conference agreement includes section 609, 
     proposed in the House bill as section 610, prohibiting the 
     use of funds for any United Nations peacekeeping mission that 
     involves U.S. Armed Forces under the command or operational 
     control of a foreign national, unless the President certifies 
     that the involvement is in the national security interest, as 
     proposed in the House bill. The Senate bill did not contain a 
     provision on this matter.
       Sec. 610.--The conference agreement includes section 610, 
     proposed in the Senate bill as section 609, that prohibits 
     use of funds to expand U.S. diplomatic presence in Vietnam 
     beyond the level in effect on July 11, 1995, unless the 
     President makes a certification that several conditions have 
     been met regarding Vietnam's cooperation with the United 
     States on POW/MIA issues. The House bill included a similar 
     provision, with minor technical differences.
       Sec. 611.--The conference agreement includes section 611, 
     modified from section 610 proposed in the Senate bill, which 
     prohibits more than 20% of any account that is available for 
     obligation only in the current fiscal

[[Page H12310]]

     year from being obligated during the last two months of the 
     fiscal year unless the Committees on Appropriations are 
     notified in accordance with standard reprogramming 
     procedures, with an exemption to this limitation for grant 
     programs. The House bill did not contain a provision on this 
     matter.
       Sec. 612.--The conference agreement includes section 612, 
     identical in both the House and Senate bills, which prohibits 
     the use of funds to provide certain amenities for Federal 
     prisoners.
       Sec. 613.--The conference agreement includes section 613, 
     proposed as section 612 in the House bill, restricting the 
     use of funds provided under the National Oceanic and 
     Atmospheric Administration for fleet modernization 
     activities. The Senate bill did not contain a provision on 
     this matter.
       Sec. 614.--The conference agreement includes section 614, 
     proposed as section 612 in the Senate bill, which requires 
     agencies and departments funded in this Act to absorb any 
     necessary costs related to downsizing or consolidations 
     within the amounts provided to the agency or department. The 
     House bill included this provision as section 613, with minor 
     technical differences.
       Sec. 615.--The conference agreement includes section 615, 
     as proposed in both the House and Senate bills, which 
     prohibits funds made available to the Federal Bureau of 
     Prisons from being used to make available any commercially 
     published information or material that is sexually explicit 
     or features nudity to a prisoner.
       Sec. 616.--The conference agreement includes section 616, 
     as proposed in both the House and Senate bills, which limits 
     funding under the Local Law Enforcement Block Grant to 90 
     percent to an entity that does not provide public safety 
     officers injured in the line of duty, and as a result 
     separated or retired from their jobs, with health insurance 
     benefits equal to the insurance they received while on duty.
       Sec. 617.--The conference agreement includes a provision, 
     proposed as section 616 in the House bill, which prohibits 
     funds provided in this Act from being used to promote the 
     sale or export of tobacco or tobacco products, or to seek the 
     reduction or removal of foreign restrictions on the marketing 
     of tobacco products, provided such restrictions are applied 
     equally to all tobacco or tobacco products of the same type. 
     This provision is not intended to impact routine 
     international trade services provided to all U.S. citizens, 
     including the processing of applications to establish foreign 
     trade zones. The Senate bill did not contain a provision on 
     this matter.
       Sec. 618.--The conference agreement includes section 618, 
     proposed as section 615 in the Senate bill, which extends the 
     prohibition in last year's bill on use of funds to issue a 
     visa to any alien involved in extra judicial and political 
     killings in Haiti. The provision also adds two names to the 
     list of victims, and extends the exemption and reporting 
     requirements from last year's provision. The House bill did 
     not contain a provision on this matter.
       Sec. 619.--The conference agreement includes section 619, 
     proposed as section 617 in the House bill and carried in the 
     fiscal year 1999 Act, which prohibits a user fee from being 
     charged for background checks conducted pursuant to the Brady 
     Handgun Control Act of 1993, and prohibits implementation of 
     a background check system which does not require or result in 
     destruction of certain information. The Senate bill included 
     a similar provision as section 616, requiring immediate 
     destruction of such information.
       Sec. 620.--The conference agreement includes section 620, 
     proposed as section 618 in the House bill, which delays 
     obligation of any receipts deposited into the Crime Victims 
     Fund in excess of $500,000,000 until October 1, 2000. The 
     conferees have taken this action to protect against wide 
     fluctuations in receipts into the Fund, and to ensure that a 
     stable level of funding will remain available for these 
     programs in future years.
       Sec. 621.--The conference agreement includes section 621, 
     proposed as section 620 in the House bill, which prohibits 
     the use of funds to implement or prepare to implement the 
     Kyoto Protocol on Climate Change prior to Senate ratification 
     of the treaty. The Senate bill did not contain a provision on 
     this matter.
       Sec. 622.--The conference agreement includes a new section 
     622, which provides additional amounts for the Small Business 
     Administration, Salaries and Expenses account for the 
     following small business initiatives: $2,500,000 for 
     continuation of an outreach program to assist small business 
     development; $2,000,000 for infrastructure to develop a 
     facility to increase small business opportunities and 
     economic development; $3,000,000 for infrastructure to 
     develop a facility that will serve as an incubator for small 
     arts-related businesses; $750,000 for a skills training 
     program for small business owners; $2,500,000 for 
     infrastructure to develop a technology and training center; 
     $1,000,000 to develop a facility and operate an institute for 
     small business and workforce development; $1,000,000 to 
     develop an education network; $1,000,000 for a technical 
     assistance program for at-risk small businesses; $1,900,000 
     for infrastructure for a regional resource facility for small 
     tourism businesses; $1,000,000 for a science and technology 
     small business loan fund; $8,550,000 for infrastructure to 
     develop a workforce development and skills training facility; 
     $2,000,000 for a one-stop resource center for technology 
     start-up businesses; $200,000 for a resource center for rural 
     small business; $200,000 for a community development 
     foundation; $500,000 for a training and technology center and 
     associated infrastructure improvements; $500,000 for a 
     program for technology-based small business growth; $500,000 
     for a project to develop strategic plans for technology-based 
     small business development; $200,000 for infrastructure to 
     develop a facility; $150,000 for a small business 
     entrepreneurial education center; $300,000 for a 
     microenterprise loan program; and $250,000 for a small 
     business incubator facility.
       Sec. 623.--The conference agreement includes a section, 
     modified from the Senate bill, that authorizes the 
     establishment and initial capitalization of two funds: the 
     Northern Boundary and Transboundary Rivers Restoration and 
     Enhancement Fund; and the Southern Boundary Restoration and 
     Enhancement Fund. This section withholds funding to implement 
     the 1999 Pacific Salmon Treaty Agreement until anticipated 
     judicial and regulatory actions have been taken. This section 
     also requires NMFS to make a jeopardy determination in 
     southern United States fisheries before it may revisit its 
     decision in Alaska. It allows the Pacific Salmon Commission 
     to implement harvest responses under the Pacific Salmon 
     Treaty before NMFS may reinitiate consultation in Alaska. The 
     Pacific Salmon Commission can regulate salmon harvests in the 
     United States and Canada in response to low escapement 
     numbers, whereas NMFS may only address U.S. fisheries using 
     the Endangered Species Act. Additionally, this section makes 
     changes to the voting structure of the Pacific Salmon 
     Commission. This section also authorizes funds in fiscal year 
     2000 for Pacific Coastal Salmon Recovery that are 
     appropriated under title II of this Act, subject to 
     requirements for a 25 percent non-federal match and a 3 
     percent limitation on administrative expenses, with certain 
     exceptions.
       Sec. 624.--The conference agreement includes section 624, 
     proposed as section 627 in the Senate bill, which makes 
     fiscal year 1999 appropriations associated with 
     implementation of the American Fisheries Act of 1999 
     available until expended. The House bill did not contain a 
     similar provision.
       Sec. 625.--The conference agreement includes a new 
     provision, numbered as section 625, which amends section 635 
     of Public Law 106-58 by inserting the words ``the carrier 
     for'' after ``if'' in subsection (b)(2), and ``or otherwise 
     provide for'' after ``to prescribe'' in subsection (c).
       Sec. 626.--The conference agreement includes section 626, 
     proposed as section 801 in the House bill, which prohibits 
     the use of Department of Justice funds for programs which 
     discriminate against or denigrate the religious beliefs of 
     students participating in such programs. The Senate bill did 
     not contain a provision on this matter.
       Sec. 627.--The conference agreement includes section 627, 
     proposed as section 802 in the House bill, which prohibits 
     the use of funds to process visas for citizens of countries 
     that the Attorney General has determined deny or delay 
     accepting the return of deported citizens. The Senate bill 
     did not contain a provision on this matter.
       Sec. 628.--The conference agreement includes section 628, 
     proposed as section 803 in the House bill, which prohibits 
     the use of Department of Justice funds to transport a high 
     security prisoner to any facility other than to a facility 
     certified by the Bureau of Prisons as appropriately secure to 
     house such a prisoner. The Senate bill did not contain a 
     similar provision.
       Sec. 629.--The conference agreement includes section 629, 
     modified from language proposed as section 804 in the House 
     bill, which prohibits funds from being used for the 
     participation of United States delegates to the Standing 
     Consultative Commission unless the President submits a 
     certification that the U.S. Government is not implementing 
     a 1997 memorandum of understanding regarding the 1972 
     Anti-Ballistic Missile Treaty between the U.S. and the 
     U.S.S.R., or the Senate ratifies the memorandum of 
     understanding. The Senate bill did not include a provision 
     on this matter.
       Sec. 630.--The conference agreement includes section 630, 
     proposed as section 805 in the House bill, which prohibits 
     funds for any activity in support of adding or maintaining 
     any World Heritage Site in the U.S. on the List of World 
     Heritage in Danger. The Senate bill did not include a 
     provision on this matter.
       The conference agreement does not include a provision, 
     proposed as section 619 in the House bill, regarding Global 
     Change Research assessments. However, the conferees direct 
     that funds provided in this Act not be used to publish Global 
     Change Research assessments unless the research has been 
     subjected to peer review and made available to the public, 
     and the draft assessment has been published in the Federal 
     Register for a 60 day public comment period.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                    Drug Enforcement Administration


                   DRUG DIVERSION CONTROL FEE ACCOUNT

                              (RESCISSION)

       The conference agreement includes a rescission of 
     $35,000,000 from the amounts otherwise available for 
     obligation in fiscal year 2000 for the ``Drug Diversion Fee 
     Account'', as proposed in the Senate bill. The House bill did 
     not include a rescission from this account.

[[Page H12311]]

                 Immigration and Naturalization Service


                       IMMIGRATION EMERGENCY FUND

                              (RESCISSION)

       The conference agreement includes a rescission of 
     $1,137,000, the total remaining unobligated balances 
     available in the Fund, as proposed in the House bill. The 
     Senate bill did not include a rescission from the Fund.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

                              (RESCISSION)

       The conference agreement includes a rescission of 
     $15,516,000 from unobligated balances in this account, 
     instead of $14,829,000 as proposed in the House bill and 
     $18,870,000 as proposed in the Senate bill. This amount is 
     the remaining unobligated balances of funding originally 
     provided to support the costs of relocating the headquarters 
     of Radio Free Europe/Radio Liberty from Munich to Prague.

                            RELATED AGENCIES

                     Small Business Administration


                     BUSINESS LOANS PROGRAM ACCOUNT

                              (RESCISSION)

       The conference agreement includes a rescission of 
     $13,100,000 from unobligated balances under this heading, 
     instead of $12,400,000 as proposed in the House bill and no 
     rescission as proposed in the Senate bill. This amount 
     represents monies received by the SBA from the repurchase of 
     preferred stock, and previously available to provide certain 
     SBIC debenture guarantees. This funding is no longer required 
     as the SBIC debentures program will have a zero subsidy rate 
     in fiscal year 2000.

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 2000 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1999 amount, the 2000 
     budget estimates, and the House and Senate bills for 2000 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 1999.......$36,197,272
Budget estimates of new (obligational) authority, fiscal year49,812,980
House bill, fiscal year 2000.................................37,677,283
Senate bill, fiscal year 2000................................35,384,564
Conference agreement, fiscal year 2000.......................39,630,967
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1999......+3,433,695
  Budget estimates of new (obligational) authority, fiscal y-10,182,013
  House bill, fiscal year 2000...............................+1,953,684
  Senate bill, fiscal year 2000..............................+4,246,403
       The conference agreement would enact the provisions of H.R. 
     3422, as introduced on November 17, 1999. The text of that 
     bill follows:

               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.


                        administrative expenses

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


                overseas private investment corporation

                           noncredit account

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


                            program account

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

[[Page H12312]]

     That $35,000,000 shall be available only for the HIV/AIDS 
     programs requested under this heading in House Document 106-
     101.


                         development assistance

                     (including transfer of funds)

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

[[Page H12313]]

     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 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.


                     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 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;
       (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.);

[[Page H12314]]

       (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 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 
     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, 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

[[Page H12315]]

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


       Contribution to the Inter-American Investment Corporation

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


          contribution to the inter-american development bank

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


              limitation on callable capital subscriptions

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


               contribution to the asian development bank

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


              limitation on callable capital subscriptions

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

[[Page H12316]]

               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.


              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.


                    limitation on residence expenses

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


                         limitation on expenses

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


               limitation on representational allowances

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


                 prohibition on financing nuclear goods

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


        prohibition against direct funding for certain countries

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

[[Page H12317]]

     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
       (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 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.
       (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.


                 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

[[Page H12318]]

     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 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 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 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

[[Page H12319]]

     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 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 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
       (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--
       (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

[[Page H12320]]

     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 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 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.


                          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 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

[[Page H12321]]

     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 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
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f 
     ) of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for purposes of any provision of law limiting assistance to a 
     country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             authority to engage in debt buybacks or sales

       Sec. 558. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make an adjustment in its accounts 
     to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.

[[Page H12322]]

                          assistance for haiti

       Sec. 559. (a) Policy.--In providing assistance to Haiti, 
     the President should place a priority on the following areas:
       (1) aggressive action to support the Haitian National 
     Police, including support for efforts by the Inspector 
     General to purge corrupt and politicized elements from the 
     Haitian National Police;
       (2) steps to ensure that any elections undertaken in Haiti 
     with United States assistance are full, free, fair, 
     transparent, and democratic;
       (3) support for a program designed to develop an indigenous 
     human rights monitoring capacity;
       (4) steps to facilitate the continued privatization of 
     state-owned enterprises;
       (5) a sustainable agricultural development program; and
       (6) establishment of an economic development fund for Haiti 
     to provide long-term, low interest loans to United States 
     investors and businesses that have a demonstrated commitment 
     to, and expertise in, doing business in Haiti, in particular 
     those businesses present in Haiti prior to the 1994 United 
     Nations embargo.
       (b) Report.--Beginning 6 months after the date of the 
     enactment of this Act, and 6 months thereafter until 
     September 30, 2001, the President shall submit a report to 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations 
     and the Committee on International Relations of the House of 
     Representatives with regard to--
       (1) the status of each of the governmental institutions 
     envisioned in the 1987 Haitian Constitution, including an 
     assessment of the extent to which officials in such 
     institutions hold their positions on the basis of a regular, 
     constitutional process;
       (2) the status of the privatization (or placement under 
     long-term private management or concession) of the major 
     public entities, including a detailed assessment of the 
     extent to which the Government of Haiti has completed all 
     required incorporating documents, the transfer of assets, and 
     the eviction of unauthorized occupants from such facilities;
       (3) the status of efforts to re-sign and implement the 
     lapsed bilateral Repatriation Agreement and an assessment of 
     the extent to which the Government of Haiti has been 
     cooperating with the United States in halting illegal 
     emigration from Haiti;
       (4) the status of the Government of Haiti's efforts to 
     conduct thorough investigations of extrajudicial and 
     political killings and--
       (A) an assessment of the progress that has been made in 
     bringing to justice the persons responsible for these 
     extrajudicial or political killings in Haiti; and
       (B) an assessment of the extent to which the Government of 
     Haiti is cooperating with United States authorities and with 
     United States-funded technical advisors to the Haitian 
     National Police in such investigations;
       (5) an assessment of actions taken by the Government of 
     Haiti to remove and maintain the separation from the Haitian 
     National Police, national palace and residential guard, 
     ministerial guard, and any other public security entity or 
     unit of Haiti those individuals who are credibly alleged to 
     have engaged in or conspired to conceal gross violations of 
     internationally recognized human rights;
       (6) the status of steps being taken to secure the 
     ratification of the maritime counter-narcotics agreements 
     signed October 1997;
       (7) an assessment of the extent to which domestic capacity 
     to conduct free, fair, democratic, and administratively sound 
     elections has been developed in Haiti; and
       (8) an assessment of the extent to which Haiti's Minister 
     of Justice has demonstrated a commitment to the 
     professionalism of judicial personnel by consistently placing 
     students graduated by the Judicial School in appropriate 
     judicial positions and has made a commitment to share program 
     costs associated with the Judicial School, and is achieving 
     progress in making the judicial branch in Haiti independent 
     from the executive branch.
       (c) Equitable Allocation of Funds.--Not more than 17 
     percent of the funds appropriated by this Act to carry out 
     the provisions of sections 103 through 106 and chapter 4 of 
     part II of the Foreign Assistance Act of 1961, that are made 
     available for Latin America and the Caribbean region may be 
     made available, through bilateral and Latin America and the 
     Caribbean regional programs, to provide assistance for any 
     country in such region.


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

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


   restrictions on voluntary contributions to united nations agencies

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


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;

[[Page H12323]]

       (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;
       (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.
       (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--
       (1) Country.--The term ``country'' means Bosnia-
     Herzegovina, Croatia, and Serbia.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina, Kosova, Montenegro, and the 
     Republika Srpska.
       (3) Dayton agreement.--The term ``Dayton Agreement'' means 
     the General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.
       (4) Tribunal.--The term ``Tribunal'' means the 
     International Criminal Tribunal for the Former Yugoslavia.
       (k) Role of Human Rights Organizations and Government 
     Agencies.--In carrying out this section, the Secretary of 
     State, the Administrator of the Agency for International 
     Development, and the executive directors of the international 
     financial institutions shall consult with representatives of 
     human rights organizations and all government agencies with 
     relevant information to help prevent publicly indicted war 
     criminals from benefiting from any financial or technical 
     assistance or grants provided to any country or entity 
     described in subsection (e).


    To Prohibit Foreign Assistance to the Government of the Russian 
   Federation should it enact laws which would discriminate against 
          minority religious faiths in the Russian Federation

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


                        Greenhouse Gas Emissions

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

[[Page H12324]]

     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 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 
     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 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 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;

[[Page H12325]]

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


ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR 
                           FOREIGN COUNTRIES

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


                       russian leadership program

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


               abolition of the Inter-American Foundation

       Sec. 586. (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (2) Foundation.--The term ``Foundation'' means the Inter-
     American Foundation.
       (3) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (b) Abolition of Inter-American Foundation.--During fiscal 
     year 2000, the President is authorized to abolish the Inter-
     American Foundation. The provisions of this section shall 
     only be effective upon the effective date of the abolition of 
     the Inter-American Foundation.
       (c) Termination of Functions.--
       (1) Except as provided in subsection (d)(2), there are 
     terminated upon the abolition of the Foundation all functions 
     vested in, or exercised

[[Page H12326]]

     by, the Foundation or any official thereof, under any 
     statute, reorganization plan, Executive order, or 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 
     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);
       (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 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).

[[Page H12327]]

       (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).


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

     ``SEC. 499A. ECONOMIC ASSISTANCE.

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

     ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.

       ``(a) Purpose of Programs.--The purposes of programs under 
     this section include--
       ``(1) to develop the physical infrastructure necessary for 
     regional cooperation among the countries of the South 
     Caucasus and Central Asia; and
       ``(2) to encourage closer economic relations and to 
     facilitate the removal of impediments to cross-border 
     commerce among those countries and the United States and 
     other developed nations.
       ``(b) Authorization for Programs.--To carry out the 
     purposes of subsection (a), the following types of programs 
     for the countries of the South Caucasus and Central Asia may 
     be used to support the activities described in subsection 
     (c):
       ``(1) Activities by the Export-Import Bank to complete the 
     review process for eligibility for financing under the 
     Export-Import Bank Act of 1945.
       ``(2) The provision of insurance, reinsurance, financing, 
     or other assistance by the Overseas Private Investment 
     Corporation.
       ``(3) Assistance under section 661 of this Act (relating to 
     the Trade and Development Agency).
       ``(c) Activities Supported.--Activities that may be 
     supported by programs under subsection (b) include promoting 
     actively the participation of United States companies and 
     investors in the planning, financing, and construction of 
     infrastructure for communications, transportation, including 
     air transportation, and energy and trade including highways, 
     railroads, port facilities, shipping, banking, insurance, 
     telecommunications networks, and gas and oil pipelines.

     ``SEC. 499C. BORDER CONTROL ASSISTANCE.

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

[[Page H12328]]

       ``(3) Assistance for development of independent media.
       ``(4) Assistance for the development of the rule of law, a 
     strong independent judiciary, and transparency in political 
     practice and commercial transactions.
       ``(5) International exchanges and advanced professional 
     training programs in skill areas central to the development 
     of civil society.
       ``(6) Assistance to promote increased adherence to civil 
     and political rights under section 116(e) of this Act.
       ``(c) Activities Supported.--Activities that may be 
     supported by assistance under subsection (b) include 
     activities that are designed to advance progress toward the 
     development of democracy.

     ``SEC. 499E. ADMINISTRATIVE AUTHORITIES.

       ``(a) Assistance Through Governments and Nongovernmental 
     Organizations.--Assistance under this chapter may be provided 
     to governments or through nongovernmental organizations.
       ``(b) Use of Economic Support Funds.--Except as otherwise 
     provided, any funds that have been allocated under chapter 4 
     of part II for assistance for the independent states of the 
     former Soviet Union may be used in accordance with the 
     provisions of this chapter.
       ``(c) Terms and Conditions.--Assistance under this chapter 
     shall be provided on such terms and conditions as the 
     President may determine.
       ``(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
       ``(B) an assessment of the efforts by the governments of 
     the states described in paragraph (A) to combat trafficking. 
     Such an assessment shall address--
       ``(i) whether government authorities in each such state 
     tolerate or are involved in trafficking activities;
       ``(ii) which government authorities in each such state are 
     involved in anti-trafficking activities;
       ``(iii) what steps the government of each such state has 
     taken to prohibit government officials and other individuals 
     from participating in trafficking, including the 
     investigation, prosecution, and conviction of individuals 
     involved in trafficking;
       ``(iv) what steps the government of each such state has 
     taken to assist trafficking victims;
       ``(v) whether the government of each such state is 
     cooperating with governments of other countries to extradite 
     traffickers when requested;
       ``(vi) whether the government of each such state is 
     assisting in international investigations of transnational 
     trafficking networks; and
       ``(vii) whether the government of each such state refrains 
     from prosecuting trafficking victims or refrains from other 
     discriminatory treatment towards victims.
       ``(2) In compiling data and assessing trafficking for the 
     purposes of paragraph (1), United States Diplomatic Mission 
     personnel shall consult with human rights and other 
     appropriate nongovernmental organizations.
       ``(3) For purposes of this subsection--
       ``(A) the term `trafficking' means the use of deception, 
     coercion, debt bondage, the threat of force, or the abuse of 
     authority to recruit, transport within or across borders, 
     purchase, sell, transfer, receive, or harbor a person for the 
     purposes of placing or holding such person, whether for pay 
     or not, in involuntary servitude, slavery or slavery-like 
     conditions, or in forced, bonded, or coerced labor;
       ``(B) the term `victim of trafficking' means any person 
     subjected to the treatment described in subparagraph (A).''.


                           OPIC MARITIME FUND

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


                        SANCTIONS AGAINST SERBIA

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

[[Page H12329]]

                         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:
       (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 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 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 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

[[Page H12330]]

     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''.
       Following is explanatory language on H.R. 3422, as 
     introduced on November 17, 1999.

      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                             APPROPRIATIONS

       This joint explanatory statement includes a description of 
     the resolution of differences between the House and Senate on 
     both H.R. 2606, vetoed by the President on October 18, 1999, 
     and H.R. 3196. References in the following statement to 
     appropriations amounts or other items proposed by the House 
     bill or Senate amendment refer only to those amounts and 
     items recommended in the House-passed and Senate-passed 
     versions of H.R. 2606. Appropriation amounts, bill language, 
     and general provisions contained in this conference agreement 
     which were identical in the House-passed and Senate-passed 
     versions of H.R. 2606 are not referenced in the following 
     joint explanatory statement. In some instances, 
     appropriations amounts or other items in H.R. 3196 are not 
     referenced in the statement as being part of the House-passed 
     version of that bill. However, any reference to 
     appropriations amounts or other items being included in the 
     conference agreement does reflect the final agreement with 
     regard to both H.R. 2606 and H.R. 3196.
       The managers expect that each agency affected by this 
     conference agreement consult with the Committees on 
     Appropriations not later than December 15, 1999, regarding 
     the directives and recommendations included in House Report 
     No. 106-254 and Senate Report No. 106-81, which accompanied 
     their respective versions of H.R. 2606:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

     Export-Import Bank of the United States Subsidy Appropriation

       The conference agreement appropriates $759,000,000 for the 
     subsidy appropriation of the Export-Import Bank as proposed 
     by the House instead of $785,000,000 as proposed by the 
     Senate.

       Overseas Private Investment Corporation Non-Credit Account

       The conference agreement provides $35,000,000 for 
     administrative expenses of the Overseas Private Investment 
     Corporation (OPIC) as proposed by the House instead of 
     $31,500,000 as proposed by the Senate.

        Overseas Private Investment Corporation Program Account

       The conference agreement provides $24,000,000 for program 
     expenses of OPIC as proposed by the Senate instead of 
     $20,500,000 as proposed by the House.
       The managers have included language allowing OPIC to use 
     the authorities of Section 234(g) of the Foreign Assistance 
     Act of 1961 as proposed by the House, instead of repealing 
     said subsection as proposed by the Senate. The conference 
     agreement also includes a general provision urging OPIC to 
     establish within one year of enactment a maritime fund for 
     the purpose of leveraging United States commercial maritime 
     expertise to support international maritime projects.
       The managers on the part of the House request OPIC and the 
     Department of State to take all necessary actions to protect 
     the interests of American investors in Gaza supported by OPIC 
     financing or insurance.
       Under Sec. 599E, authority is provided for OPIC to continue 
     operations until November 1, 2000.

                  Funds Appropriated to the President

                      Trade and Development Agency

       The conference agreement appropriates $44,000,000 for the 
     Trade and Development Agency as proposed by the House instead 
     of $43,000,000 as proposed by the Senate.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Agency for International Development

                Child Survival and Disease Programs Fund

       The conference agreement appropriates $715,000,000 for the 
     Child Survival and Disease Programs Fund instead of 
     $685,000,000 as proposed by the House. The Senate bill 
     contained no provision on this matter, but included funds for 
     these activities under ``Development Assistance''. The 
     managers agree with and endorse House Report No. 106-254 
     regarding the use of funds appropriated under this 
     heading, including $110,000,000 for a grant to UNICEF for 
     programs consistent with the purpose of the Child Survival 
     and Disease Programs Fund. The grant for UNICEF does not 
     preclude AID from providing additional funding for 
     specific UNICEF projects as may be appropriate. The 
     managers have been assured that the success of the polio 
     eradication program is likely to result in a significantly 
     lower requirement for this effort in future years. The 
     managers have included $35,000,000 for a special 
     initiative to fight HIV/AIDS in Africa and India. This is 
     in addition to the $145,000,000 provided in this Fund and 
     elsewhere in the bill for ongoing HIV/AIDS programs. At 
     least $10,000,000 additionally is designated for children 
     affected by the HIV/AIDS epidemic.
       In implementing programs, projects, and activities to 
     combat infectious diseases, including long-standing programs 
     relating to malaria and measles, as well as the more recent 
     emphasis on HIV/AIDS and tuberculosis, surveillance, and 
     anti-microbial resistance, the conferees expect AID to 
     continue to consult closely with the Appropriations 
     Committees, the Centers for Disease Control, the National 
     Institutes of Health, and other relevant agencies involved in 
     international health issues. In addition to the increase for 
     HIV/AIDS, funding for AID's other infectious disease programs 
     should exceed the fiscal year 1999 level. The managers also 
     direct AID to provide the Committees with a detailed report 
     not later than February 15, 2000, on the programs, projects, 
     and activities undertaken by the Child Survival and Disease 
     Programs Fund during fiscal year 1999.
       The managers strongly encourage AID to reserve funds from 
     the Child Survival and Disease Programs Fund for the 
     establishment of a Global Infectious Diseases Reserve. The 
     Reserve is intended to provide a mechanism for rapid and 
     flexible response to initiate or expand a limited number of 
     programs in developing countries with high potential to 
     respond to infectious disease outbreaks that threaten more 
     than one region and to serve as seed money to attract other 
     donors and partners.
       The global health threat from tuberculosis is another 
     priority for the funds provided in this Act. Because of 
     difficulties encountered in implementing tuberculosis 
     language accompanying last year's Act, the managers welcome 
     AID's proposal to allocate $3,000,000 in fiscal year 2000 to 
     tuberculosis control programs in Mexico, with an emphasis on 
     cost-sharing with Mexico on programs that focus on Mexico's 
     border states.
       In addition to increasing support for tuberculosis control 
     worldwide, the managers urge AID to contribute up to 
     $5,000,000 toward the effort led by the Atlanta-based Carter 
     Center to eradicate illness caused by the African guinea 
     worm.
       The managers are aware that significant new private 
     resources are now available to augment AID's immunization 
     programs, and commend the partners in this effort.
       The managers are working with the General Accounting Office 
     and experts from the public and private sectors to consider 
     options for Congress to address childhood vaccine shortfalls 
     in developing countries. The managers encourage AID to lend 
     its support to this initiative.
       The managers direct that core child survival activities 
     focus on effective interventions to reduce infant mortality 
     during the first month of life through activities that focus 
     on the health and nutrition needs of pregnant women and new 
     mothers, a vital aspect of child survival that has not yet 
     attracted sufficient private funds. The managers also support 
     expansion of core child survival programs in Africa.
       The managers will consider the use of not more than three 
     percent of the amount provided for the Child Survival and 
     Disease Programs Fund in countries funded under SEED and 
     FREEDOM Support Act authorities. In particular, the managers 
     urge AID to provide up to $2,000,000 to support non-
     governmental organizations that work with older orphans, 
     including those with cognitive disabilities and mild mental 
     retardation, to teach life and job skills. The conference 
     agreement also continues existing limitations on the use of 
     the Fund for non-project assistance.
       The managers note that Morehouse School of Medicine is 
     establishing an International Center for Health and 
     Development. This center will be dedicated to forming local 
     and international partnerships to address the health problems 
     that are devastating Africa today. The conferees encourage 
     AID to provide assistance for these efforts.

                         Development Assistance


                     (including transfer of funds)

       The conference agreement appropriates $1,228,000,000 for 
     ``Development Assistance'' instead of $1,201,000,000 as 
     proposed by the House and $1,928,500,000 as proposed by the 
     Senate. The Senate included funding for the ``Child Survival 
     and Disease Programs Fund'' under its ``Development 
     Assistance'' account.
       The conference agreement appropriates up to $5,000,000 for 
     the Inter-American Foundation from funds made available under 
     this heading and up to $14,400,000 directly to the African 
     Development Foundation, as proposed in the House bill. The 
     Senate amendment provided authority to transfer funds from 
     this account to the Inter-American Foundation, but did not 
     specify an amount. Also, the Senate amendment provided 
     $12,500,000 for the African Development Foundation. Section 
     586 of the conference agreement provides the President with 
     the authority to abolish the Inter-American Foundation during 
     fiscal year 2000. The managers note that the funding level 
     provided for the Inter-American Foundation is sufficient for 
     meeting existing grant, contract, and lease obligations and 
     to wind up any other outstanding affairs of the Foundation.

[[Page H12331]]

       The conference agreement continues current law regarding 
     certain requirements on quotas and numerical targets for 
     family planning providers participating in voluntary family 
     planning projects that are funded through the ``Development 
     Assistance'' account, as included in the House bill. The 
     Senate amendment did not address this matter.
       The conference agreement also includes House language 
     providing that $2,500,000 may be transferred from this 
     account to the ``International Organizations and Programs'' 
     account for a contribution to the International Fund for 
     Agricultural Development (IFAD). The Senate amendment 
     included similar language. The managers recognize the need 
     for the type of expertise IFAD offers; therefore, the 
     managers affirm the House and Senate support for continued 
     United States contributions to IFAD. The Administration is 
     expected to consult with the Appropriations Committees 
     regarding IFAD's future resource requirements.
       The conference agreement continues current law which 
     prohibits funds from being made available for any activity in 
     contravention of the Convention on International Trade in 
     Endangered Species of Flora and Fauna (CITES) as proposed by 
     the House. The Senate bill did not address this matter.
       The conference agreement includes language from the Senate 
     amendment not in the House bill that provides not to exceed 
     $25,000, in addition to funds otherwise made available for 
     such purposes, to monitor and provide oversight for 
     assistance programs for displaced and orphan children and 
     victims of war.
       The conference agreement does not include bill language in 
     the Senate amendment mandating a specific sum for the 
     International Law Institute. The managers continue to be 
     concerned by the lack of adherence to the rule of law in the 
     Independent States. Therefore, the managers direct that 
     $250,000 shall be made available to the International Law 
     Institute to continue its training and support of lawyers and 
     judges in the Independent States.
       The managers encourage AID to support the Financial 
     Services Volunteer Corps (FSVC), which contributes to the 
     process of building sound financial infrastructure in 
     countries that are seeking to develop transparent, market-
     oriented economies. FSVC, as a not-for-profit organization, 
     leverages its funding resources with expert volunteers from 
     the U.S. financial services community to provide assistance 
     that is objective, independent and free of commercial 
     interest.
       The conference agreement provides that not less than 
     $500,000 should be made available for support of the United 
     States Telecommunications Training Institute. The Senate 
     amendment included bill language mandating that such funds be 
     made available for this purpose. The House bill did not 
     address this matter.
       The conference agreement includes language similar to a 
     provision in the Senate amendment that requires that not less 
     than 50 percent of the funds made available for the 
     Microenterprise Initiative should be made available for loans 
     of $300 or less for very poor people, particularly women, or 
     for institutional support of organizations primarily engaged 
     in making such loans. The House bill contained a similar 
     provision which continued existing law.


                              agriculture

       The conference agreement does not contain language from the 
     Senate amendment regarding the minimum level of funding for 
     agriculture programs. However, the managers remain concerned 
     about the decline in AID funding for international 
     agriculture activities and recommend at least $305,000,000 be 
     provided for such programs in fiscal year 2000. Further, the 
     managers note that both House Report No. 106-254 and Senate 
     Report No. 106-81 signal the deep concern for the level of 
     funding provided for international agricultural development. 
     In addition, the managers support the language in House 
     Report No. 106-254 regarding funding levels for the 
     Collaborative Research Support Programs (CRSPs). Prior to the 
     submission of the report required by section 653 of the 
     Foreign Assistance Act, AID is directed to consult with the 
     Committees on Appropriations regarding the proposed 
     allocation of sector resources, including those intended for 
     agriculture and for the CRSPs.


                         rural electrification

       The managers endorse Senate Report No. 106-81 regarding 
     rural electrification as a key component of development. The 
     managers recommend AID provide not less than $5,000,000 in 
     fiscal year 2000 for rural electrification in Guatemala, El 
     Salvador, Honduras and Nicaragua. Further, the managers 
     recommend that AID provide $3,000,000 for the Republic of 
     Georgia to assist rural electric cooperatives in 
     rehabilitation and privatization efforts.


                  aid global programs and biodiversity

       The managers note the positive role AID's central offices 
     and mechanisms can serve in providing policy and technical 
     support in critical areas such as economic growth, energy, 
     agriculture, biodiversity, democracy and women in 
     development. The managers endorse House Report No. 106-254 on 
     global issues such as these, and encourage AID to adequately 
     fund these central offices and mechanisms. To ensure that the 
     Committees' priorities are addressed in a timely manner, the 
     managers direct AID to provide, within 30 days of enactment 
     of this Act, a brief written report to the Appropriations 
     Committees on its planned fiscal year 2000 allocation of 
     funds to the central offices in the Global Bureau.
       The conference agreement does not include a Senate 
     provision regarding the proportion of funds utilized in 
     support of biodiversity. The managers continue to believe 
     that protecting biodiversity and tropical forests in 
     developing countries is critical to the global environment 
     and U.S. economic prosperity, especially for the agricultural 
     and pharmaceutical industries. The managers note that House 
     Report No. 106-254 and Senate Report No. 106-81 recognize the 
     slight increase in AID biodiversity funding in fiscal year 
     1999, but remain concerned that the proportion of development 
     assistance allocated for biodiversity activities remains less 
     than the amount provided five years ago. Therefore, the 
     managers direct AID to restore overall biodiversity funding 
     as well as funding to the Office of Environment and Natural 
     Resources to levels that reflect the proportion of funding of 
     development assistance provided in fiscal year 1995.


                          education in africa

       The managers recognize that providing increased educational 
     opportunities, including at the doctoral level, is a key 
     component of development efforts in Africa. The managers are 
     aware of AID's minority-serving institution initiative and 
     commend the agency for engaging Historically Black Colleges 
     and Universities (HBCU) in its program for Africa. Consistent 
     with these efforts, the managers encourage AID to consider up 
     to $700,000 for the implementation of a distance education 
     doctoral degree initiative in collaboration with an HBCU that 
     can offer advanced training in the areas of educational 
     leadership, pharmacy, environmental sciences and engineering.


                 american schools and hospitals abroad

       The conference agreement does not contain Senate language 
     requiring that not less than $15,000,000 shall be available 
     only for the American Schools and Hospitals Abroad (ASHA) 
     program. However, the managers direct the Agency for 
     International Development to fully uphold its commitment to 
     the Appropriations Committees to obligate at least 
     $15,000,000 for the American Schools and Hospitals Abroad 
     program in fiscal year 2000. It is the intention of the 
     managers that the increase in funding for the Lebanon country 
     program (addressed below under the heading ``Lebanon'') 
     should not result in a decrease in funding that has been 
     traditionally allocated to Lebanese educational institutions 
     through the American Schools and Hospitals Abroad program 
     provided under ``Development Assistance''.


                     patrick leahy war victims fund

       The conferees direct $12,000,000 for medical, orthopedic, 
     and related rehabilitative and preventive assistance for war 
     victims, particularly those who have been severely disabled 
     from landmines and other unexploded ordnance. Of this amount, 
     up to $10,000,000 is to be funded from the ``Development 
     Assistance'' account and the ``Economic Support Fund''. The 
     balance should be funded from Office of Transition 
     Initiatives resources, and with funds from the demining 
     budget of the ``Nonproliferation, anti-terrorism, demining 
     and related programs'' account.
       The managers note the great needs, especially for children, 
     in Sierra Leone for medical, orthopedic, and related 
     rehabilitative services as a result of civil war. The 
     managers direct that not less than $750,000 from this account 
     be used for programs such as those carried out by UNICEF and 
     other international organizations and non-governmental 
     organizations with experience in addressing such needs.
       As in previous years, the managers expect that any such 
     programs to assist war victims should be designed and 
     implemented in consultation with AID's manager of the Leahy 
     War Victims Fund.

                                 Cyprus

       The conference agreement includes language from the Senate 
     amendment that provides that 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. Funds are to be derived from ``Development 
     Assistance'' and ``Economic Support Fund''. The House bill 
     did not contain a provision on this matter.

                                Lebanon

       The conference agreement includes language similar to that 
     from the Senate amendment that provides that not less than 
     $15,000,000 of the funds appropriated under ``Development 
     Assistance'' and ``Economic Support Fund'' should be made 
     available for Lebanon to be used, among other purposes, for 
     scholarships and direct support of the American educational 
     institutions in Lebanon. The Senate language is identical to 
     the conference agreement, except it would have required the 
     allocation of these funds. The House bill did not address 
     this matter.
       The increase of $3,000,000 for Lebanon is being provided 
     for the direct support of the American educational 
     institutions in that country. It is the intention of the 
     managers that the increase in funding for the Lebanon country 
     program should not result in a decrease in funding that has 
     been traditionally allocated to Lebanese educational 
     institutions through the American Schools and

[[Page H12332]]

     Hospitals Abroad program provided under ``Development 
     Assistance''.

                                 Burma

       The conference agreement includes language similar to that 
     from the Senate amendment that provides that, of the funds 
     made available under ``Development Assistance'', ``Child 
     Survival and Disease Programs Fund'', and ``Economic Support 
     Fund'', 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. These funds are to be made 
     available notwithstanding any other provision of law and 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations, as proposed by the 
     Senate. Language proposed by the Senate that would have 
     allocated not less than $800,000 of these funds for 
     certain specified activities is not included, nor is 
     language providing that funds made available under this 
     heading shall be subject to consultation and guidelines 
     provided by the leadership of the Burmese government 
     elected in 1990.
       The House bill did not address this matter.

                                Cambodia

       The conference agreement does not include language proposed 
     by the Senate that would have prohibited funds for the 
     Central Government of Cambodia until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     and the Committee on Foreign Relations that the Government of 
     Cambodia has established a tribunal consistent with the 
     requirements of international law and justice and including 
     the participation of international jurists and prosecutors 
     for the trial of those who committed genocide or crimes 
     against humanity and that the Government of Cambodia is 
     making significant progress in establishing an independent 
     and accountable judicial system, a professional military 
     subordinate to civilian control, and a neutral and 
     accountable police force. The funding restriction proposed by 
     the Senate would not have applied to demining and other 
     humanitarian programs.
       The House did not address this matter under title II. The 
     House provision on Cambodia, section 573 of the House bill, 
     is included in modified form in the conference report under 
     title V.

                             Southeast Asia

       The conference agreement does not include reservations of 
     specific minimum funding allocations for Indonesia as 
     proposed by the Senate. The House bill did not address this 
     matter.
       The managers support the highest possible level of 
     assistance to promote the economic recovery of the 
     Philippines, Thailand, and Indonesia from the Asian financial 
     crisis. Effective support for private investment, better 
     governance, and less corruption in these countries should be 
     given a higher priority in development assistance and 
     Economic Support Fund allocation decisions. The Accelerated 
     Economic Recovery in Asia and United States-Asia 
     Environmental Partnership programs should be augmented by 
     specific efforts to retain existing major United States 
     private sector investments in the region, especially in the 
     infrastructure sector. The renewed security relationship 
     between the Philippines and the United States provides 
     additional justification for increased support to that 
     country.
       The managers encourage support for the democratic 
     transition now underway in Indonesia. The managers recognize 
     that humanitarian and economic assistance from many nations 
     will be needed to enable East Timor to recover from the 
     violence and destruction perpetrated by anti-independence 
     forces following the referendum of August 30, 1999. The 
     recovery of East Timor will also depend on the cooperation of 
     its Indonesian neighbors. The conference agreement provides 
     that not less than $25,000,000 from the ``Economic Support 
     Fund'' account should be made available for a United States 
     contribution to the recovery of East Timor.
       The managers suggest a modest program of assistance for the 
     people of Vietnam, mostly for humanitarian activities. The 
     managers urge AID to work with the U.S. Embassy to support a 
     safety awareness campaign in Vietnam to reverse the increase 
     in preventable accidents, especially those affecting 
     children.
       The managers continue to be concerned about the status of 
     religious groups in Vietnam. The Secretary of State is 
     requested to report to the Committees on Appropriations not 
     later than six months after enactment of this Act on the 
     extent to which the Socialist Republic of Vietnam is 
     facilitating the following: (1) the operation of independent 
     churches; (2) the return of church properties confiscated 
     since 1974; (3) visits to the Supreme Patriarch of the 
     Unified Buddhist Church of Vietnam by a delegation of 
     American religious leaders and medical doctors; and (4) 
     participation of democracy and human rights advocates in 
     United States education and cultural exchange programs.

                           Conservation Fund

       The conference agreement does not include a provision from 
     the Senate amendment mandating $500,000 from ``Development 
     Assistance'' for the Charles Darwin Research Station and the 
     Charles Darwin Foundation. The House bill did not address 
     this matter.
       The managers direct that $500,000 be provided from 
     ``Development Assistance'' for research, training, and 
     related activities to support conservation efforts in the 
     Galapagos. Because AID has made plans to sustain a commitment 
     to the Galapagos, the managers expect fiscal year 2000 to be 
     the final year for congressional mandates.

                          Conflict Resolution

       The conference agreement does not include Senate language 
     earmarking $1,000,000 from ``Economic Support Fund'', 
     ``Development Assistance'', and ``Assistance for Eastern 
     Europe and the Baltic States'' accounts to support conflict 
     resolution programs. However, the managers urge the State 
     Department and AID to support such programs where 
     appropriate. The managers especially commend Seeds of Peace, 
     a widely respected organization which promotes understanding 
     between Arab and Israeli teenagers, and Turkish and Greek 
     Cypriot teenagers, and direct the Agency for International 
     Development to provide up to $861,000 to Seeds of Peace in 
     fiscal year 2000.

                  Private and Voluntary Organizations

       The conference agreement includes language from the House 
     bill providing that funds appropriated for development 
     assistance should be available to private and voluntary 
     organizations at a level which is at least equivalent to the 
     level provided in fiscal year 1995. The Senate amendment 
     included similar language.

                   International Disaster Assistance

       The conference agreement appropriates $202,880,000 for 
     ``International Disaster Assistance'' instead of $200,880,000 
     as proposed by the House and $175,000,000 as proposed by the 
     Senate. The managers note that Congress provided $388,000,000 
     for this account in fiscal year 1999, including $188,000,000 
     in emergency supplemental funds, and that AID expects to 
     carry over into fiscal year 2000 the unobligated fiscal year 
     1999 balances. Further, the managers note that section 492(b) 
     of the Foreign Assistance Act provides the President with the 
     authority to obligate up to $50,000,000 from other assistance 
     accounts in order to provide disaster assistance, if 
     necessary.
       The conference agreement requires greater accountability on 
     disaster assistance funds utilized in support of AID's Office 
     of Transition Initiatives (OTI). OTI activities have been 
     effective in many countries, but the managers are 
     increasingly concerned that scarce emergency disaster aid may 
     be unavailable due to longer-term OTI commitments. Therefore, 
     the conference agreement requires that AID submit a report to 
     the Appropriations Committees not less than five days prior 
     to initiating an OTI program in a country in which OTI did 
     not operate in fiscal year 1999. The managers believe this 
     reporting requirement will help ensure that the 
     Appropriations Committees receive timely information 
     regarding the nature of OTI programs so they can better 
     evaluate these transition activities in the future.
       The managers note that OTI may utilize funds from other 
     development and economic accounts in addition to the Disaster 
     Assistance account and expect AID to report on the country 
     allocations of all funds under OTI management in the annual 
     report required under section 653 of the Foreign Assistance 
     Act beginning in fiscal year 2000.

         Micro and Small Enterprise Development Program Account

       The conference agreement continues existing law regarding 
     the level of guarantees provided in support of micro and 
     small enterprise activities. The Senate amendment proposed 
     making the guarantee level permanent law.

             Urban and Environmental Credit Program Account

       The conference agreement provides $1,500,000 for subsidy 
     budget authority for the Urban and Environmental Credit 
     program as proposed by the Senate. In addition, the 
     conference agreement appropriates $5,000,000 for 
     administrative expenses as proposed by the House, instead of 
     $4,000,000 as proposed by the Senate.

              Development Credit Authority Program Account

       The conference agreement provides up to $3,000,000 for the 
     cost of loans and loan guarantees for AID's Development 
     Credit Authority (DCA) from funds transferred from existing 
     development and economic accounts administered by AID. Up to 
     $500,000 of this amount may be transferred to and merged with 
     AID's ``Operating Expenses'' account. The managers urge that 
     programs in the Russian Far East be given priority. The House 
     bill did not provide authority for a development credit 
     program. The Senate amendment provided $7,500,000 for this 
     purpose.
       The managers recognize the serious effort made by the 
     Administration during the past two fiscal years to guarantee 
     the financial integrity of the DCA, including the 
     establishment of a credit review board to approve individual 
     DCA loan and loan guarantee projects. However, the managers 
     continue to be concerned about the larger development policy 
     implications of AID conducting new loan and guarantee 
     programs. Given the significant problems developing nations 
     have experienced in repaying existing U.S. loans and the 
     subsequent rescheduling and cancellation of these debts, the 
     managers urge caution in extending new loans and guarantees.

     Operating Expenses of the Agency for International Development

       The conference agreement appropriates $520,000,000 instead 
     of $495,000,000 as proposed

[[Page H12333]]

     by the Senate and $479,950,000 as proposed by the House. The 
     conference agreement does not include language proposed by 
     the Senate to extend the availability of these funds until 
     September 30, 2001. Also, the conference agreement does not 
     provide $1,500,000 from Operating Expenses for the purchase 
     of land in northern India as proposed by the Senate. The 
     House bill contained no similar provision.
       The conference agreement prohibits the use of funds in this 
     account to finance the construction or long-term lease of 
     offices for use by AID unless the administrator of AID 
     reports in writing to the Appropriations Committees at least 
     15 days prior to the obligation of funds for such purposes. 
     This reporting requirement applies only when the total cost 
     of construction (including architect and engineering 
     services), purchase, or lease commitment, exceeds $1,000,000. 
     The House bill and the Senate amendment contained similar 
     provisions.
       The managers expect that $15,000,000 from this account will 
     be used only for costs associated with construction of a new 
     AID mission in Dar es Salaam, Tanzania, as requested by the 
     President in a budget amendment submitted to Congress on 
     September 21, 1999, or for other overseas physical security 
     requirements of the agency. Further, the managers endorse 
     House Report No. 106-254 which directs AID to report to the 
     Committees on Appropriations on the agency's long-term 
     physical security needs around the world.

                  Other Bilateral Economic Assistance

                         Economic Support Fund

       The conference agreement appropriates $2,345,500,000 
     instead of $2,227,000,000 as proposed by the House and 
     $2,195,000,000 as proposed by the Senate. In addition, it 
     provides not less than $960,000,000 for Israel and not less 
     than $735,000,000 for Egypt as proposed by the Senate instead 
     of not to exceed $960,000,000 for Israel and not to exceed 
     $735,000,000 for Egypt as proposed by the House. The 
     conference agreement also includes language providing that 
     not less than $200,000,000 of the funds appropriated for 
     Egypt shall be used for Commodity Import Program assistance 
     as proposed by the Senate. The House bill did not address 
     this matter.
       The conference agreement also includes language providing 
     that not less than $150,000,000 should be provided for Jordan 
     as proposed by the Senate. The House bill did not address 
     this matter.
       The conference agreement also includes Senate language 
     providing 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. The House bill did not 
     address this matter.
       The conference agreement does not include language from the 
     Senate amendment, not in the House bill, that would have 
     prohibited funds appropriated under this heading from being 
     made available to the Korean Peninsula Energy Development 
     Organization.
       The conference agreement also includes language that, 
     notwithstanding any other provision of law, $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. The managers are aware 
     of the important work of the Bridge Fund in this regard, and 
     strongly support funding for this organization.
       Senate language under this heading that authorized 
     $10,000,000 for activities for Iraqi opposition groups is 
     addressed under title V of the conference report.
       The managers strongly support assistance programs for Yemen 
     and urge the Department of State and the Agency for 
     International Development to maintain and, if possible, 
     enhance such programs.
       The managers recognize the critical importance that water 
     and energy policies play in the implementation of the Wye 
     River Accord. Therefore they reiterate the support expressed 
     in the House and Senate reports for the desertification 
     program for the Middle East and southern Mediterranean 
     proposed by San Diego State University. The managers also 
     support the Middle East Water and Energy Resource Institute's 
     program to provide technical assistance and conduct research 
     and education programs coordinated through the International 
     Arid Lands Consortium.
       The conference agreement includes language stating that not 
     less than $25,000,000 should be made available for assistance 
     for East Timor.
       The managers direct that $5,000,000 in funding from this 
     account be used to support the activities authorized under 
     the Irish Peace Process Cultural and Training Program Act of 
     1998 (Public Law 105-319).
       The managers direct $2,000,000 to support the 
     demobilization of the Estado Mayor Presidencial in Guatemala.

                     International Fund for Ireland

       The conference agreement appropriates $19,600,000 for the 
     International Fund for Ireland, as proposed by the House. The 
     Senate amendment did not address this matter.
       The conferees encourage the International Fund for Ireland 
     (IFI) to consider direct funding of locally-based 
     organizations dedicated to attracting investment to their 
     municipalities and regions. In doing so, the conferees 
     believe the IFI will further its goals of increasing domestic 
     and international interest in continued cooperation and 
     stability.

          Assistance for Eastern Europe and the Baltic States

       The conference agreement appropriates $535,000,000 as 
     proposed by the Senate instead of $393,000,000 as proposed by 
     the House.
       The conference agreement also includes language stating 
     that $150,000,000 should be provided for Kosova. The Senate 
     amendment had provided for six country earmarks which are not 
     included in the conference agreement. The House bill did not 
     address this matter.
       The conference agreement also includes language that 
     prohibits funds for Kosova 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. In 
     addition, language has been included stating that funds for 
     Kosova shall not be made available for large scale physical 
     infrastructure reconstruction.
       In addition, the conference report includes Senate language 
     that provides not more than $130,000,000 for Bosnia and 
     Herzegovina from the funds appropriated under this account 
     and under ``International Narcotics Control and Law 
     Enforcement'' and ``Economic Support Fund''. The House bill 
     did not address this matter.
       The conference agreement also includes House language 
     prohibiting funds from being used 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. The Senate amendment did not address this matter.
       The conference agreement also includes language from the 
     House bill that applies the provisions of section 532 
     (``Separate Accounts'') to all funds provided under this 
     heading, rather than just to funds made available for Bosnia 
     and Herzegovina as proposed by the Senate. In addition, it 
     includes language proposed by the House that authorizes the 
     President to withhold funds for economic reconstruction 
     programs in Bosnia and Herzegovina if he certifies that the 
     Bosnian Federation is not complying with requirements in the 
     Dayton Peace Accord to remove foreign forces, and has not 
     terminated intelligence cooperation with Iranian officials. 
     The Senate amendment did not address this matter.


                     romanian children and orphans

       The managers direct that up to $4,400,000 be provided for 
     emergency aid for the child victims of the present economic 
     crisis in Romania. The program should be administered 
     through, or in close coordination with, the Romanian 
     Department of Child Protection. It should focus on 
     supplemental food support and maintenance, support for in-
     home foster care, and supplemental support for special needs 
     residential care.

    Assistance for the Independent States of the Former Soviet Union

       The conference agreement appropriates $839,000,000 instead 
     of $725,000,000 as proposed by the House and $780,000,000 as 
     proposed by the Senate. The word ``New'' is deleted from the 
     heading, as proposed by the House. The managers have included 
     a ceiling on management costs for nuclear safety activities 
     as proposed by the Senate and a limitation of 25 percent on 
     the percentage of funds (other than for nonproliferation and 
     disarmament programs) that may be allocated for any single 
     country as proposed by the House.
       The managers also encourage the Coordinator and AID to move 
     as rapidly as possible to implement programs that focus on 
     the social transition in the region as it affects ordinary 
     citizens, to reward reform-oriented countries such as Moldova 
     and Kyrgystan, and to accelerate the focus on regional 
     efforts in reform-oriented secondary cities in Russia, 
     Ukraine, and Kazakhstan.


                              russia-iran

       The conference agreement continues the current restrictions 
     on assistance to the Government of the Russian Federation as 
     long as Russian enterprises and institutes continue to 
     collaborate with Iran to increase Iranian capability to 
     develop and deploy nuclear and ballistic missile technology. 
     The managers agree that assistance to combat infectious 
     diseases, child survival and non-proliferation activities, 
     support for regional and municipal governments, and 
     partnerships between United States hospitals, universities, 
     judicial training institutions and environmental 
     organizations and counterparts in Russia should not be 
     affected by this subsection.

           expanded nonproliferation and security cooperation

       The managers note that $241,000,000 from this account was 
     requested by the President for threat reduction activities in 
     the former Soviet Union. The managers encourage the 
     Administration to provide the Foundation established by 
     section 511 of the FREEDOM Support Act not less than the 
     $23,500,000 requested for this purpose.
       The managers request that the Coordinator for Assistance to 
     the Independent States of the Former Soviet Union provide 
     written reports on the allocation, obligation, and 
     disbursement of appropriations during fiscal year 2000 for 
     expanded nonproliferation and security cooperation from this 
     and prior year acts not later than December 15, 1999, March 
     15, 2000, and July 15, 2000. The reports should, at a 
     minimum, compare the allocation and obligation of funds by 
     project, activity, and country with comparable data

[[Page H12334]]

     contained in the April 1999 justification documents 
     subsequently provided to the Committees, and explain in 
     detail any circumstances that resulted in reductions or other 
     changes from the original justification.
       The managers are concerned that none of the assistance 
     provided to Russia for security cooperation be used for the 
     benefit of military units credibly reported to be engaged in 
     combat activities against civilian populations in the 
     Northern Caucasus region of the Russian Federation. The 
     Secretary of State is requested to inform the Committees in 
     writing of steps taken to prevent United States assistance 
     benefiting such units of the armed forces of the Russian 
     Federation.

                   maternal and infant health crisis

       The conference agreement sets aside $14,700,000 from funds 
     provided under this title for maternal and infant health 
     programs to begin the process of addressing the demographic 
     crisis in Russia and the other independent states.


                            russian far east

       The conference agreement includes new language providing 
     not less than $20,000,000 for the Russian Far East. This 
     matter was not addressed in the House bill or the Senate 
     amendment. Under the heading ``Development Credit Authority'' 
     in title II, the managers also directed that additional funds 
     be made available to stimulate ventures in the Russian Far 
     East led by American firms with expertise in primary 
     industries, including natural resource development, 
     telecommunications and basic infrastructure, finance, and 
     consumer goods.


                        southern caucasus region

       The managers support regional cooperation efforts among the 
     countries of Armenia, Azerbaijan, and Georgia, including 
     United States efforts through the Caucasus Cooperation Forum. 
     To further regional cooperation, the conference agreement 
     continues the current six exemptions from the statutory 
     restrictions on assistance to the Government of Azerbaijan. 
     The managers include a requirement that 15 percent of the 
     funds available for the Southern Caucasus region be used for 
     confidence-building measures and other activities related to 
     the resolution of regional conflicts instead of 17.5 percent 
     as proposed by the House.
       The conference agreement includes a provision that not less 
     than 12.92 percent of the funds under this heading be made 
     available for Georgia and not less than 12.2 percent for 
     Armenia. Similar language was proposed by the Senate but not 
     included in the House bill. The managers are concerned that 
     little progress has been made to improve conditions in the 
     regions of Armenia affected by the 1988 earthquake. The 
     conferees direct the Coordinator and AID to allocate up to 
     $15,000,000 to support recovery and economic reconstruction 
     initiatives in the regions most severely affected. In 
     addition, at least $25,000,000 of the funds made available 
     for Georgia should be obligated for border security and law 
     enforcement training.
       The managers continue to support funding of the judicial 
     reform initiatives in Georgia, but are aware of concerns 
     regarding the legal rights of Loren Wille, an American 
     working for Catholic Relief Services who was recently 
     arrested in Georgia. The conferees urge the State 
     Department to use the influence of the United States to 
     ensure fairness and transparency in the treatment of Mr. 
     Wille, and request a report from the Department no later 
     than December 1, 1999, on the extent to which Mr. Wille's 
     rights have been respected during the Georgian judicial 
     process.


                                ukraine

       The managers include bill language that $180,000,000 should 
     be made available for Ukraine instead of a mandatory 
     $210,000,000 as proposed by the Senate. The managers 
     recommend $25,000,000 for nuclear safety programs in Ukraine 
     and up to $10,000,000 for regional initiatives that include 
     industrial study tours, technology business incubators, and 
     community based telecommunications projects. The conference 
     agreement does not include any provision withholding funds 
     for Ukraine as proposed by the Senate.
       The conference agreement does not include Senate language 
     regarding the destruction of stockpiles of landmines in 
     Ukraine. However, the managers strongly support the 
     elimination of some 10 million mines stockpiled in Ukraine 
     and Moldova that could otherwise be exported to areas of 
     conflict and cause egregious harm to innocent civilians. The 
     managers intend and expect that of the funds made available 
     in this Act for Ukraine and Moldova, $5,000,000 will be 
     contributed to a multinational effort to destroy these 
     landmines and similar munitions.


                       russian leadership program

       The conference agreement includes new language providing an 
     additional $10,000,000 to carry out the Russian Leadership 
     Program enacted on May 21, 1999. The statutory authority is 
     modified to extend the pilot program administered by the 
     Library of Congress for 1 year and to postpone transfer of 
     the program to the Executive branch by 1 year.


                            russian orphans

       The conferees strongly support AID's new strategy for 
     addressing the needs of Russian orphans and concur with the 
     House report language on this matter. The managers are 
     concerned about the immediate needs of orphans in some of the 
     most economically disadvantaged parts of the Russian 
     Federation, such as Magadan. The conferees encourage AID to 
     supplement its orphan strategy by identifying reform-minded 
     and committed orphanage and child welfare officials in those 
     regions and developing a program to improve the basic 
     conditions of orphans there.


                           medical assistance

       The conference agreement does not include a Senate earmark 
     for Carelift International. However, the managers are aware 
     that large amounts of used high-technology medical equipment 
     no longer needed by American hospitals can be put to good use 
     in the former Soviet Union and other regions unable to afford 
     high-technology medical equipment. Carelift International and 
     other organizations provide such equipment and provide 
     training on its proper use and maintenance. The conferees 
     expect AID to support such private initiatives in its social 
     transition strategy for the Independent States and Central 
     Europe and direct that $3,000,000 be made available to 
     Carelift International upon receipt of a detailed proposal.


                                mongolia

       The conference agreement retains authority for funds 
     provided under this heading to be used in Mongolia. The 
     amount provided for Mongolia from this heading is $6,000,000. 
     The remainder of the amount requested is to be made available 
     from other accounts in title II of this Act, including not 
     less than $750,000 for child survival activities.

                           Independent Agency

                              Peace Corps

       The conference agreement appropriates $245,000,000 instead 
     of $240,000,000 as proposed by the House and $220,000,000 as 
     proposed by the Senate.

                          Department of State

          International Narcotics Control and Law Enforcement

       The conference agreement appropriates $305,000,000 instead 
     of $285,000,000 as proposed by the House for International 
     Narcotics Control and Law Enforcement. The Senate amendment 
     proposed $215,000,000.
       The conference agreement does not include the ceiling of 
     $20,000,000 on anti-crime activities within the account as 
     proposed by the House. However, the agreement does require 
     that all anti-crime programs are subject to the regular 
     notification procedures of the Committees on Appropriations.
       The conference agreement contains House language allowing 
     the Department of State to utilize section 608 of the Foreign 
     Assistance Act to receive excess property from other U.S. 
     federal agencies for use in a foreign country. The Senate 
     amendment did not address this matter.
       The conference agreement provides that not less than 
     $10,000,000 should be available for Law Enforcement Training 
     and Demand Reduction, which is similar to the Senate 
     amendment. The House did not address this matter. The 
     managers urge up to $4,000,000 of this amount be for demand 
     reduction programs.
       The conference agreement contains $5,000,000 to establish 
     and operate the International Law Enforcement Academy for the 
     Western Hemisphere at Roswell, New Mexico as proposed by the 
     Senate. The House bill did not address this matter. Given the 
     proximity of the United States to Latin America, it is 
     appropriate for such a center to be located in the United 
     States. The managers are frustrated by the Department of 
     State's seeming unwillingness to cooperate in this matter and 
     direct the Department to establish the training center at 
     Roswell.
       The conference agreement does not contain a Senate 
     amendment providing not less than $10,000,000 for 
     mycoherbicide counterdrug research and development. The House 
     did not address this matter. However, the managers recognize 
     that the development of plant pathogens which are capable of 
     destroying illicit drug crops, including opium poppy, coca 
     and marijuana, offer a potential weapon for United States 
     counter-narcotics efforts. The managers understand that 
     all current funding requirements have been met for fiscal 
     years 1999 and 2000. Consistent with the position taken in 
     the fiscal year 1999 supplemental appropriations 
     conference report, the managers recommend that the 
     responsibility for this funding should be assumed by the 
     Office of the National Drug Control Policy to support any 
     additional future needs for counterdrug research and 
     development for the following: mycoherbicide product 
     research and development; narcotic crop eradication 
     technologies; narcotic plant identification and 
     biotechnology; worldwide narcotic crop identification; and 
     alternative crop research and development.
       The managers are concerned about the deteriorating 
     conditions in Colombia. In 1998, 308,000 Colombians were 
     internally displaced and during the past decade 35,000 
     Colombians have been killed in the violence between 
     government forces, paramilitaries, and the FARC and ELN. The 
     managers commend President Pastrana for his efforts to end 
     this protracted conflict. The managers encourage the 
     Department of State and other Executive agencies to continue 
     their efforts to assist President Pastrana and the Colombian 
     government toward a peaceful resolution of this conflict.
       The managers affirm House Report No. 106-254 and Senate 
     Report No. 106-81 regarding counter-narcotics programs and 
     encourage the Assistant Secretary of State for International 
     Narcotics Control and Law Enforcement to develop a 
     comprehensive proposal to upgrade helicopter lift capability 
     for anti-drug operations in Latin America.
       Given the instability in the region, the managers have been 
     concerned by the consistently low levels of support during 
     the

[[Page H12335]]

     past several years provided to the Government of Ecuador in 
     its efforts to stem the flow of drugs transiting through 
     Ecuador from both Colombia and Peru. Therefore, the managers 
     direct the State Department Bureau of International Narcotics 
     Control and Law Enforcement to provide a report, 60 days 
     after the date of enactment, on its revised plans to assist 
     Ecuador in improving its counter-narcotics efforts. Further, 
     the managers expect that all funds in this Act designed to 
     support Ecuador's joint regional economic development program 
     with Peru be informed in advance to the Committees on 
     Appropriations.
       Because of budgetary limitations, $21,000,000 of the amount 
     provided under this heading and $21,000,000 provided under 
     the heading ``Migration and Refugee Assistance'' is withheld 
     from obligation until September 30, 2000. Both programs were 
     augmented by sizable supplemental appropriations during 
     fiscal year 1999.

                    Migration and Refugee Assistance

       The conference agreement appropriates $625,000,000, instead 
     of $640,000,000 as proposed by the House bill and 
     $610,000,000 as proposed in the Senate amendment. The 
     conference agreement makes available $13,800,000, as proposed 
     in the House bill, for administrative expenses. The Senate 
     amendment proposed $13,500,000.
       The conference agreement also includes Senate language, not 
     included in the House bill, that provides not less than 
     $60,000,000 for refugees from the former Soviet Union and 
     Eastern Europe and other refugees resettling in Israel.

     United States Emergency Refugee and Migration Assistance Fund

       The conference agreement appropriates $12,500,000 instead 
     of $30,000,000 as proposed by the House and $20,000,000 as 
     proposed by the Senate.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       The conference agreement appropriates $216,600,000 instead 
     of $181,630,000 as proposed by the House and $175,000,000 as 
     proposed by the Senate.
       The conference agreement also includes language proposed by 
     the House, that was not in the Senate amendment, that 
     authorizes a United States contribution to the Comprehensive 
     Nuclear Test Ban Treaty Preparatory Commission, and requires 
     that the Secretary of State must inform the Committees on 
     Appropriations at least 20 days prior to the obligation of 
     funds for such Commission.
       The conference agreement includes language similar to that 
     proposed by the Senate, that was not in the House bill, that 
     provides that $40,000,000 should be used for demining, 
     clearance of unexploded ordnance and related activities, and 
     that not to exceed $500,000 may be used for related 
     administrative expenses.
       The conference agreement does not include language from the 
     Senate amendment that limited funding for the contribution to 
     the International Atomic Energy Agency (IAEA) to $40,000,000.
       Funding limitations affecting the Korean Peninsula Economic 
     Development Organization (KEDO) are addressed under title V 
     of this statement and accompanying conference report.
       The managers intend that funds appropriated under this 
     heading be allocated as follows:

                        [In thousands of dollars]
------------------------------------------------------------------------
             Program                  House        Senate     Conference
------------------------------------------------------------------------
Nonproliferation and Disarmament        15,000       15,000       15,000
 Fund............................
Export control asst..............        5,000        5,000       15,000
IAEA contribution................       43,000       40,000       43,000
CTBT Preparatory Commission......       20,000       20,000       20,000
    Prepaid in FY 1999...........       -4,370  ...........       -4,370
KEDO.............................       35,000       40,000       35,000
Anti-terrorism asst..............       33,000       20,000       33,000
Demining.........................       35,000       35,000       40,000
Reserve..........................  ...........  ...........       19,970
                                  --------------------------------------
      New budget authority.......      181,630      175,000      216,600
------------------------------------------------------------------------

                       Department of the Treasury

               International Affairs Technical Assistance

       Both the House and the Senate provided $1,500,000 for the 
     International Affairs Technical Assistance program of the 
     Department of the Treasury. The managers encourage the 
     Administration to meet the requested level for this 
     program by transferring funds to the Department of the 
     Treasury from other funds appropriated in title II of this 
     Act.

                           Debt Restructuring

       The conference agreement includes $123,000,000 of the 
     $320,000,000 requested by the President on September 21, 
     1999, for bilateral debt restructuring instead of $33,000,000 
     as proposed by the House and $43,000,000 as proposed by the 
     Senate. The $123,000,000 includes at least $13,000,000 for 
     implementation of the Tropical Forest Conservation Act.
       The managers urge the Department of the Treasury to 
     consider debt forgiveness for these countries only as a final 
     option. Debt forgiveness reflects the inability of some 
     nations to repay existing loans. This issue raises the urgent 
     need to establish new benchmarks or conditions prior to 
     initiating new lending. The managers expect that debt relief 
     will be made available only to the poorest nations pursuing 
     market-based economic reform and which commit to dedicate 
     freed-up resources to improving health care, infrastructure, 
     education and other pressing domestic needs. None of the 
     funds in this account may be used to provide debt relief for 
     any country that is engaged in offensive military action 
     since any such relief would likely be used to facilitate the 
     purchase of lethal weapons or to otherwise increase military 
     expenditures.
       The managers urge caution regarding new lending within the 
     next five years to governments benefiting from debt 
     forgiveness. The managers anticipate that legislation 
     detailing the actual implementation of proposed debt 
     restructuring involving United States payment of debts owed 
     by heavily indebted poor countries to international and 
     multilateral financial institutions will have been enacted 
     separately and hearings on the President's request of 
     September 21, 1999, held by the Committees on Appropriations 
     prior to consideration of additional appropriations for debt 
     restructuring.
       The managers endorse language in House Report No. 106-254 
     regarding reports to the Committees on Appropriations on the 
     use of funds in this account and intend to work with the 
     Treasury Department to ensure this information is made 
     available to the Committees without undue burden on the 
     Department.
       The managers expect that beginning with the fiscal year 
     2001 budget submission, the value of debt relief provided in 
     the previous fiscal year for each country will be reported to 
     Congress in all relevant presentation documents and summary 
     tables. Further, the managers encourage the Treasury 
     Department to undertake a review of United States lending 
     policies to nations considered for debt relief and request a 
     report to the Committees on Appropriations not later than 
     March 1, 2000, regarding future bilateral lending, including 
     the conditions under which any new lending could take place.

       United States Community Adjustment and Investment Program

       The conference agreement appropriates $10,000,000 for the 
     United States Community Adjustment and Investment Program, a 
     domestic program affiliated with the North American 
     Development Bank. The House bill and Senate amendment did not 
     address this matter.

                     TITLE III--MILITARY ASSISTANCE

             International Military Education and Training

       The conference agreement appropriates $50,000,000 as 
     proposed by the Senate instead of $45,000,000 as proposed by 
     the House. It also provides that up to $1,000,000 may remain 
     available until expended as proposed by the House; the Senate 
     amendment did not address this matter.
       The conference agreement also includes language proposed by 
     the House that limits Guatemala and Indonesia to Expanded 
     IMET only, and provides for regular notification procedures 
     for funds allocated for Guatemala as proposed by the House. 
     The Senate amendment would have limited Guatemala to Expanded 
     IMET only, but did not address funding for Indonesia and did 
     not require notification for Guatemala.
       The conference agreement also includes language from the 
     House bill providing that funding for the School of the 
     Americas is contingent upon a certification by the Secretary 
     of Defense that the instruction provided by the School is 
     fully consistent with training provided by the Department of 
     Defense to United States military training students at U.S. 
     military institutions. It also includes House language 
     requiring a report by the Secretary of Defense on training 
     activities at the School of the Americas during 1997 and 
     1998.
       The Senate amendment did not address these matters.

                   Foreign Military Financing Program

       The conference agreement appropriates $3,420,000,000 
     instead of $3,470,000,000 as proposed by the House and 
     $3,410,000,000 as proposed by the Senate. In addition, it 
     includes language proposed by the Senate that provides not 
     less than $1,920,000,000 for grants for Israel and not less 
     than $1,300,000,000 for grants for Egypt instead of not to 
     exceed $1,920,000,000 for Israel and not to exceed 
     $1,300,000,000 for Egypt as proposed by the House.
       The conference agreement also includes language similar to 
     that proposed by the Senate providing that not less than 26.3 
     percent of the funds made available for Israel shall be 
     available for procurement in Israel. The House bill included 
     language stating that not to exceed $505,000,000 should be 
     made available for such procurement.
       The conference agreement also includes House language 
     providing that no Partnership for Peace funds may be made 
     available to a non-NATO country except through the regular 
     notification procedures of the Committees on Appropriations. 
     The Senate amendment did not address this matter.
       The conference agreement does not include language proposed 
     by the Senate that would have allowed direct loans to be 
     converted to grants, and grants to direct loans. The House 
     bill did not address this matter.
       The conference agreement provides not less than $3,000,000 
     in grant assistance for Tunisia and directs the drawdown of 
     not less than $4,000,000 in defense articles, defense 
     services, and military education and training. The Senate 
     amendment would have directed $10,000,000 for Tunisia. The 
     House bill did not address this matter.

[[Page H12336]]

       The conference agreement also includes language providing 
     up to $1,000,000 for Ecuador, subject to the regular 
     notification procedures of the Committees on Appropriations.
       The conference agreement provides a ceiling of $30,495,000 
     for administrative expenses as proposed by the House instead 
     of $30,000,000 as proposed by the Senate.
       The conference agreement also includes language directing 
     that, forty-five days after enactment, the Secretary of 
     Defense shall report to the Committees on Appropriations 
     regarding an appropriate host institution to support and 
     advance the efforts of the Defense Institute for 
     International and Legal Studies in both legal and political 
     education. The Senate amendment would have provided not less 
     than $1,000,000 for the Defense Institute of International 
     Studies for various activities under ``International Military 
     Education and Training''. The House bill did not address this 
     matter.
       The conference agreement does not include an earmark of 
     $5,000,000 for the Philippines. However, the managers are 
     strongly supportive of efforts to increase defense 
     cooperation with that nation and are aware the Administration 
     provided $1,000,000 in grant funds for the Philippines in 
     fiscal year 1999.

                        Peacekeeping Operations

       The conference agreement appropriates $153,000,000 instead 
     of $76,500,000 as proposed by the House and $80,000,000 as 
     proposed by the Senate.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  International Financial Institutions

                      Global Environment Facility

       The conference agreement appropriates $35,800,000 for the 
     Global Environment Facility instead of $50,000,000 as 
     proposed by the House and $25,000,000 as proposed by the 
     Senate.

       Contribution to the International Development Association

       The conference agreement appropriates $775,000,000 instead 
     of $776,600,000 as proposed by the Senate and $568,600,000 as 
     proposed by the House.

      Contribution to the Multilateral Investment Guarantee Agency

       The conference agreement appropriates $4,000,000 for paid-
     in capital issued by the Multilateral Investment Guarantee 
     Agency instead of $10,000,000 as proposed by the Senate. The 
     House bill did not include any appropriation for this 
     purpose. Approval for subscription to the appropriate amount 
     of callable capital is also included in the conference 
     agreement.

       Contribution to the Inter-American Investment Corporation

       The conference agreement appropriates $16,000,000 in paid-
     in capital for the Inter-American Investment Corporation. The 
     House bill and the Senate amendment did not contain any 
     appropriation for this purpose.
       The Inter-American Investment Corporation began operations 
     in 1989 to promote the economic development of its Latin 
     American and Caribbean member countries through co-financing 
     and syndication, supporting security underwritings, and 
     identifying joint venture partners for small and medium-size 
     private enterprises.

               Contribution to the Asian Development Fund

       The conference agreement appropriates $77,000,000 for the 
     Asian Development Fund instead of $50,000,000 as proposed by 
     the Senate and $100,000,000 as proposed by the House. The 
     entire amount is for contributions previously due.
       The Committees anticipate providing in subsequent acts 
     additional appropriations requested for the Asian Development 
     Fund, with the understanding that the senior management of 
     the Asian Development Bank fully implements its anti-
     corruption policy and finalizes its private sector and 
     poverty alleviation strategies.

              Contribution to the African Development Bank

       The conference agreement appropriates $4,100,000 for paid-
     in capital issued by the African Development Bank instead of 
     $5,100,000 as proposed by the Senate. The House bill did not 
     include an appropriation for this purpose. Approval for 
     subscription to $64,000,000 in callable capital is also 
     included in the conference agreement. No later than February 
     15, 2000, the Committees request the Secretary of the 
     Treasury to provide an original, comprehensive evaluation of 
     the financial outlook for the Bank, based on the 
     appropriations provided in this Act. The evaluation may 
     include such other assumptions that the Secretary may select 
     and, as attachments, the most recent private credit 
     evaluations of the Bank.

              Contribution to the African Development Fund

       The conference agreement appropriates $128,000,000 for the 
     African Development Fund instead of $108,000,000 as proposed 
     by the House. The Senate amendment did not include any 
     appropriation for this purpose.

                International Organizations and Programs

       The conference agreement provides $183,000,000. The House 
     bill appropriated $167,000,000 and the Senate amendment 
     proposed $170,000,000.
       The conference agreement does not contain a provision in 
     the House bill regarding the Climate Stabilization Fund. The 
     Senate amendment did not address this matter.
       The conference agreement continues current law indicating 
     that $5,000,000 should be made available for the World Food 
     Program, which is similar to the Senate amendment. The House 
     bill did not address this matter.

                      TITLE V--GENERAL PROVISIONS

       (Note.--If House and Senate language is identical except 
     for a different section number or minor technical 
     differences, the section is not discussed in the Statement of 
     Managers.)
     Sec. 502. Prohibition of bilateral funding for international 
         institutions
       The conference agreement modifies existing law to prohibit 
     funds from title II of this Act to be transferred by AID 
     directly to an international financial institution for the 
     purpose of repaying a foreign country's loan obligations, as 
     proposed by the House. The Senate amendment made no change to 
     existing law.
     Sec. 509. Transfers between accounts
       The conference agreement deletes the requirement for the 
     President to notify the Appropriations Committees, through 
     their regular notification procedures, when exercising the 
     transfer authority provided under the section.
     Sec. 512. Limitation on assistance to countries in default
       The conference agreement ends the exemption for Nicaragua, 
     Brazil, and Liberia from requirements under section 620(q) of 
     the Foreign Assistance Act and under this section regarding 
     default on loans made by the U.S. This language is the same 
     as the Senate amendment. The House bill retained the 
     exemption for these countries.
     Sec. 514. Surplus commodities
       The conference agreement deletes subsection (b) of the 
     House general provision, as proposed by the Senate. This 
     subsection would have required the Secretary of the Treasury 
     to direct the U.S. executive directors of the international 
     financial institutions to support the purchase of American 
     produced agricultural commodities.
     Sec. 515. Notification requirements
       The conference agreement deletes ``International Affairs 
     Technical Assistance'' from the notification requirements 
     under this section as proposed by the House.
     Sec. 520. Special notification requirements
       The conference agreement adds ``Panama'' as proposed by the 
     House bill to the list of countries subject to the special 
     notification procedures of this section. The conference 
     agreement does not include ``India'' as proposed in the 
     Senate amendment.
     Sec. 522. Child survival and disease prevention activities
       The conference agreement modifies existing law to clarify 
     the intent of this section that allows AID to use $10,000,000 
     appropriated under the ``Child Survival and Disease Programs 
     Fund'' for technical experts from other government agencies, 
     universities, and other institutions. Since Congress 
     established a separate Child Survival and Disease Programs 
     account in 1996, the previous language has been obsolete. The 
     conference agreement is similar to the House provision, but 
     includes new language regarding the use of up to $1,500,000 
     from the ``Development Assistance'' account for technical 
     experts.
     Sec. 526. Democracy in China
       The conference agreement contains language from the House 
     bill that authorizes the use of funds from ``Economic Support 
     Fund'' for the support of nongovernmental organizations 
     located outside of China for the support of democracy 
     activities, and requires notification on the use of this 
     authority. The Senate amendment did not address this matter.
       The conference agreement also allows for funding for the 
     National Endowment for Democracy (NED) or its grantees 
     notwithstanding any other provision of law and 
     notwithstanding the first proviso of this section. The intent 
     of this language is to allow for the continuation of a 
     program promoting democratic village elections and for 
     related activities that is currently being conducted by a NED 
     grantee. It is not intended to provide authority for the 
     initiation of major new programs in China.
       The conference agreement includes language that provides, 
     notwithstanding any other provision of law that restricts 
     assistance to foreign countries, $1,000,000 from the Economic 
     Support Fund 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.
     Sec. 537. Funding prohibition for Serbia
       The conference agreement includes House language that 
     prohibits assistance for Serbia, except for aid to Kosova or 
     Montenegro or to promote democracy. The Senate amendment did 
     not address this matter.
     Sec. 538. Special authorities
       The conference agreement includes language proposed by the 
     House that allows for funding from appropriations under title 
     I for certain specified countries and activities, and for 
     Montenegro, notwithstanding any other provision of law. The 
     Senate amendment did not include these exemptions. It also 
     includes language not in the House bill but in the Senate 
     amendment that conditions assistance for Cambodia on 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.

[[Page H12337]]

       The conference agreement also includes House language that 
     authorizes the President to waive for six months a provision 
     of Public Law 100-204, if he determines and certifies that 
     doing so is important to the national security interests of 
     the United States. The Senate amendment did not address this 
     matter.
     Sec. 539. Policy on terminating the Arab League boycott of 
         Israel
       The conference agreement contains House language on this 
     matter. The Senate amendment did not include subsections (2) 
     and (3) of the House general provision, dealing with the 
     decision by the Arab League to reinstate the boycott in 1997, 
     and calling on the League to immediately rescind its 
     decision; and deleted language from subsection (4)(C) 
     regarding a report on the specific steps that should be taken 
     by the President to ``expand the process of normalizing ties 
     between Arab League countries and Israel''.
     Sec. 540. Anti-narcotics activities
       The conference agreement contains House bill language 
     waiving certain provisions of section 534 of the Foreign 
     Assistance Act to allow for administration of justice 
     programs in Latin America and the Caribbean. The Senate 
     amendment contained a similar provision.
     Sec. 541. Eligibility for assistance
       The conference agreement includes language regarding 
     eligibility of assistance provided under this Act, as 
     proposed by the House bill. The conference agreement does not 
     include a modification, as proposed in the Senate amendment, 
     regarding the prohibition on assistance to countries that 
     violate internationally recognized human rights.
     Sec. 544. Prohibition on publicity or propaganda
       The conference agreement maintains current law limiting to 
     $750,000 the amount that may be made available to carry out 
     the provision of section 316 of Public Law 96-533 relating to 
     hunger and development education as proposed by the Senate 
     amendment. The House bill provided no funding limitation. The 
     managers expect AID to select the recipients of these grants 
     through a public competition during fiscal year 2000.
     Sec. 545. Purchase of American-made equipment and products
       The conference agreement includes language proposed in the 
     Senate amendment directing the Secretary of the Treasury to 
     report annually to Congress on compliance with this 
     provision.
     Sec. 546. Prohibition of payments to United Nations members
       The conference agreement modifies current law to prohibit 
     the use of certain funds to pay the cost for attendance for 
     another country's delegation at international conferences 
     held under the auspices of multilateral or international 
     organizations. This is similar to the House bill. The Senate 
     amendment included a similar provision.
     Sec. 549. Prohibition on assistance to foreign governments 
         that export lethal military equipment to countries 
         supporting international terrorism
       The conference agreement includes the Senate version of 
     this general provision, which is the same as House language 
     except that under subsection (a) the reference to ``any other 
     comparable provision of law'' is deleted and under subsection 
     (c) the word ``estimated'' is deleted.
     Sec. 552. War crimes tribunals drawdown
       The conference agreement includes Senate language that 
     authorizes a Presidential drawdown of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal for the former Yugoslavia or similar tribunals or 
     commissions. It also specifies that such drawdowns are 
     subject to the notification process and that drawdowns made 
     under this section shall not be construed as an endorsement 
     or precedent for the establishment of any standing or 
     permanent international criminal tribunal or court. The House 
     bill included similar language, but would not have exempted 
     the tribunals for Yugoslavia and Rwanda from the notification 
     requirements of the provision as in the Senate amendment.
     Sec. 553. Landmines
       The conference agreement includes language that amends 
     section 1365(c) of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484) by extending until 
     October 23, 2003, the ban on the export of landmines.
     Sec. 555. Prohibition on payment of certain expenses
       Section 555 prohibits the use of funds from ``International 
     Military Education and Training''; ``Foreign Military 
     Financing''; ``Child Survival and Disease Programs Fund''; 
     ``Development Assistance''; and ``Economic Support Fund'' to 
     pay for alcoholic beverages or entertainment expenses of a 
     substantially recreational character.
     Sec. 556. Competitive pricing for sales of defense articles
       The conference agreement includes language from the Senate 
     amendment that provides that direct costs associated with 
     meeting a foreign customer's additional or unique 
     requirements will continue to be allowable under the Arms 
     Export Control Act. The House bill did not address this 
     matter.
     Sec. 559. Limitation on assistance for Haiti
       The conference agreement includes language similar to that 
     proposed by both Houses. It sunsets the required reports 
     after two years as proposed by the House and includes a 
     provision limiting the percentage of funds that can be 
     allocated to any single Latin American or Caribbean country. 
     The latter limitation is a separate general provision in 
     current law and in the House bill. The limitation was not 
     included in the Senate amendment.
     Sec. 563. Limitation on assistance to the Palestinian 
         Authority
       The conference agreement includes House language that 
     prohibits funds for the Palestinian Authority unless the 
     President certifies that waiving such prohibition is 
     important to the national security interests of the United 
     States. Such waiver shall apply no more than 6 months and 
     shall not apply beyond 12 months after enactment. The Senate 
     amendment did not address this matter.
     Sec. 565. Limitations on transfer of military equipment to 
         East Timor
       The conference agreement includes language from the Senate 
     amendment that requires that in any agreement for military 
     assistance or sales a statement shall be included that the 
     items will not be used in East Timor. The House language 
     included a proviso that stated nothing in this section shall 
     be construed to limit Indonesia's inherent right to self-
     defense as recognized under the UN charter and in 
     international law, and that military sales, assistance, or 
     lease agreements include the statement that the United States 
     ``expects'' that the military assistance will not be used in 
     East Timor.
       The conferees direct the Secretary of State, in 
     consultation with the Secretary of Defense and other 
     appropriate agencies, to submit a report to the Committees on 
     Appropriations not later than February 1, 2000, identifying 
     all Indonesian commanding officers and units deployed in East 
     Timor during 1999, and providing any available information 
     linking those officers and units to the violence prior to and 
     after the August 30, 1999 referendum in East Timor. Such 
     report may be provided in classified form, if appropriate.
     Sec. 566. Restrictions on assistance to countries providing 
         sanctuary to indicted war criminals
       The conference agreement includes language similar to that 
     of the House bill. It substitutes the word ``municipality'' 
     for ``canton'', includes a special rule that allows for 
     assistance to an entity that would otherwise be sanctioned 
     under the terms of this section, and imposes certain 
     recordkeeping requirements on the Secretary of State. The 
     Senate amendment would have made a number of technical and 
     substantive changes to the House bill, including: 
     establishment of a policy for support of the International 
     Criminal Tribunal for the former Yugoslavia; establishment of 
     a special rule exempting certain specified entities and 
     communities from sanctions under certain provisions of this 
     section; a requirement for public information regarding 
     certain assistance provided to the countries in the former 
     Yugoslavia; and a provision for certain exemptions by 
     types of assistance. The conference agreement defines 
     ``Montenegro'' and ``Kosova'' separately for purposes of 
     applying this provision of law.
     Sec. 568. Greenhouse gas emissions
       The conference agreement includes a modification of current 
     laws as proposed by the House, primarily to obtain more 
     detailed information from AID in an annual report submitted 
     by the President.
     Sec. 569. Excess defense articles for certain European 
         countries
       The conference agreement includes language from the Senate 
     amendment that extends a provision of permanent law that 
     expired in 1997 through 2000. The law authorizes the 
     provision of excess defense articles to certain European 
     countries. The House bill did not address this matter.
     Sec. 570. Aid to the Government of the Democratic Republic of 
         Congo
       The conference agreement prohibits any assistance to the 
     central Government of the Democratic Republic of Congo as 
     proposed in the Senate amendment. The House bill included a 
     similar provision.
     Sec. 571. Assistance for the Middle East
       The conference agreement contains language similar to the 
     House bill that imposes a spending ceiling of $5,321,150,000 
     on specified assistance in titles II and III of this Act for 
     the Middle East. The Senate amendment did not address this 
     matter.
     Sec. 572. Enterprise Fund restrictions
       The conference agreement includes language in the House 
     bill that was not in the Senate amendment that requires that, 
     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 a plan 
     for the distribution of the assets of the Enterprise Fund to 
     the Committees on Appropriations in accordance with regular 
     notification procedures.
     Sec. 573. Cambodia
       The conference agreement includes language that prohibits 
     funds for the central Government of Cambodia and states that 
     the Secretary of the Treasury should instruct the Executive 
     Directors of international financial institutions to use the 
     voice and vote of the United States to oppose loans to that 
     government. The House bill contained similar language, but 
     would have imposed the funding prohibition on all government

[[Page H12338]]

     assistance. The Senate amendment would have required the 
     Secretary of the Treasury to instruct U.S. executive 
     directors of international financial institutions to use the 
     voice and vote of the U.S. to oppose loans to the Government 
     of Cambodia, except to support basic human needs, unless: (1) 
     Cambodia has held free and fair elections; (2) all political 
     candidates were permitted freedom of speech, assembly, and 
     equal access to the media; (3) the Central Election 
     Commission was comprised of representatives from all parties, 
     and (4) the Government had begun the prosecution of Khmer 
     Rouge leaders to include six named individuals. The Senate 
     also addressed this matter under title II.
       It is the intention of the managers that if the 
     Administration proposes to provide assistance to or through 
     provincial or municipal governments in Cambodia it will first 
     consult with the appropriate committees of the Congress prior 
     to the obligation of funds.
     Sec. 574. Customs assistance
       The conference agreement amends the Foreign Assistance Act 
     of 1961 regarding the prohibition on the use of certain 
     bilateral assistance for police training by allowing 
     assistance to foreign customs authorities and personnel, 
     including training, technical assistance, and equipment for 
     customs law enforcement. The conference agreement is 
     identical to the Senate amendment. The House bill did not 
     address this matter.
       The managers expect this authority to be exercised to 
     support U.S. private sector trade and investment 
     opportunities.
     Sec. 575. Foreign military training report
       The conference agreement includes language similar to that 
     in the House bill requiring a joint report by the Secretary 
     of State and the Secretary of Defense on all overseas 
     military training (excluding military sales) provided to non-
     NATO foreign military personnel under programs administered 
     by the Departments of Defense and State during 1999 and 2000, 
     including those proposed for 2000. The language specifies the 
     scope of the report, and allows for a classified annex, if 
     deemed necessary and appropriate. The report shall be due no 
     later than March 1, 2000. The Senate amendment included 
     similar language, but did not provide for an exemption for 
     NATO countries.
     Sec. 576. Korean Peninsula Energy Development Organization 
         (KEDO)
       The conference agreement includes language similar to that 
     in the House bill that up to $15,000,000 may be made 
     available for KEDO 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 Declaration on Denuclearization of 
     Korea; (2) the parties 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 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. In addition, up to $20,000,000 may be made 
     available for KEDO on or after June 1, 2000, if, 30 days 
     prior to the obligation of such 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 
     nuclear reactors has been successfully concluded; (2) North 
     Korea is complying with its obligations 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 continues to make 
     significant progress on eliminating the North Korean 
     ballistic missile threat, including further missile tests and 
     its ballistic missile exports. The language allows for the 
     President to waive the certification requirements of this 
     section if he determines that it is vital to the national 
     security interests of the United States, 30 days after a 
     written submission to the appropriate congressional 
     committees. It also requires a report from the Secretary 
     of State on the fiscal year 2001 budget request for KEDO, 
     with certain specified information to be included in such 
     report.
       The House bill contained identical language, except it did 
     not allow for the use of certain authorities of the Foreign 
     Assistance Act to provide for a reprogramming of funds above 
     the level of $35,000,000 specified for KEDO.
       The Senate amendment contained language similar to the 
     House bill. In addition, it required a report from the 
     Director of Central Intelligence on all relevant intelligence 
     bearing on North Korea's compliance with the above 
     provisions; specified the timing of the report; and specified 
     the types of intelligence covered by the report.
     Sec. 577. African Development Foundation
       The conference agreement provides that funds to grantees of 
     the Foundation may be invested pending expenditure and that 
     interest earned must be used for the same purpose for which 
     the grant was made. Further, this section allows the 
     Foundation's board of directors, in exceptional 
     circumstances, to waive the existing $250,000 project 
     limitation, subject to reporting to the Committees on 
     Appropriations. This section is identical to the House bill. 
     The Senate amendment included these same authorities within 
     its ``Development Assistance'' account.
     Sec. 578. Prohibition on assistance to the Palestinian 
         Broadcasting Corporation
       The conference agreement includes House language not in the 
     Senate amendment that provides that none of the funds 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.
     Sec. 579. Voluntary separation incentives for employees of 
         the U.S. Agency for International Development
       The conference agreement provides for the payment of 
     voluntary separation incentives to AID employees for the 
     purpose of eliminating positions and functions at AID. The 
     conference agreement is similar to the Senate amendment. The 
     House bill did not address this matter.
       The managers have included in this section a requirement 
     that the AID administrator submit to the Committees on 
     Appropriations, in addition to the Office of Management and 
     Budget, a strategic plan outlining the intended use of 
     incentive payments and a proposed organizational chart for 
     AID once such incentives payments have been completed. The 
     managers direct that AID consult regularly with the 
     Committees on Appropriations on the strategic plan prior to 
     implementing the separation program authorized by this 
     section. Consistent with the Administration's request, the 
     managers expect this authority to be used by AID to reduce 
     its employment levels in Washington, D.C.
     Sec. 580. Iraq opposition
       The conference report includes language similar to that in 
     the House bill and the Senate amendment that, notwithstanding 
     any other provision of law, $10,000,000 shall be made 
     available to support efforts to bring about a 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. It also provides that not more than $2,000,000 
     of such funds may be made available for groups and activities 
     seeking the prosecution of Saddam Hussein and other Iraqi 
     government officials for war crimes.
       The conference agreement does not contain Senate language 
     providing $250,000 for the Iraq Foundation. However, the 
     conferees believe that the Foundation should receive funding 
     made available by this Act for activities associated with 
     pursuing war crimes.
     Sec. 581. Agency for International Development budget 
         submission
       The conference agreement instructs the Agency for 
     International Development to submit its 2001 budget in a 
     format more useful to the Committees as proposed by the 
     House. The Senate did not address this matter. AID is also 
     requested to provide to the Committees not later than 45 days 
     after enactment of this Act a report identifying each 
     program, project, or intermediate result funded from 
     appropriations provided under the heading ``Development 
     Assistance'' for which the unexpended pipeline on October 1, 
     1999, exceeded either $15,000,000, or the total amount 
     expended for each such program, activity, or intermediate 
     result in fiscal years 1998 and 1999.
     Sec. 582. American churchwomen in El Salvador
       The conference agreement includes language regarding the 
     murder of four American churchwomen in El Salvador. The 
     conference agreement requires a report from the Attorney 
     General to the Committees on Appropriations and requires the 
     President to order all Federal agencies and departments that 
     possess relevant information to make every effort to 
     declassify and release that information to the victims' 
     families. The House bill and Senate amendment included 
     similar provisions.
     Sec. 583. Kyoto Protocol
       The conference agreement includes language regarding the 
     Kyoto Protocol to the Framework Agreement on Global Climate 
     Change as proposed by the House. The Senate amendment did not 
     address this matter.
     Sec. 584. Additional requirements relating to stockpiling of 
         defense articles for foreign countries
       The conference agreement includes language from the Senate 
     amendment not in the House bill that amends the Foreign 
     Assistance Act of 1961 to provide authority to increase the 
     war reserve stockpiles in Korea and Thailand by $60,000,000 
     for fiscal year 2000.
     Sec. 585. Russian leadership program
       The conference agreement includes new language amending the 
     statutory authority for the Russian Leadership Exchange 
     Program.
     Sec. 586. Abolition of the Inter-American Foundation
       The conference agreement provides authority from the 
     President to abolish the Inter-American Foundation and 
     terminate its functions. The House bill and Senate amendment 
     did not address this matter.
     Sec. 587. West Bank and Gaza Program
       The conference agreement includes language that provides 
     that, 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

[[Page H12339]]

     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 programs funded 
     under ``Economic Support Fund'' for the West Bank and Gaza 
     Program.
       The Senate amendment included language that specified 
     requirements for auditing assistance that may be provided to 
     the Palestinian Authority. The House bill did not address 
     this matter.
     Sec. 588. Human rights assistance
       The conference agreement includes language providing 
     recommendations on the use of funds available from the 
     ``International Narcotics Control'' account. The language 
     states that 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 Colombian 
     nongovernmental organizations involved in human rights 
     monitoring, particularly to assist in protecting the physical 
     safety of their personnel; and not less than $250,000 should 
     be made available to the United Nations High Commissioner for 
     Human Rights for human rights assistance for the Colombian 
     government. Further, not less than $1,000,000 should be 
     provided for assistance to enhance U.S. embassy monitoring of 
     assistance to Colombian security forces and in responding to 
     reports of human rights violations. The conference agreement 
     also includes language that not less than $5,000,000 should 
     be made available for administration of justice programs, 
     including support for the Colombia Attorney General's 
     Technical Investigations Unit. The managers direct the 
     Department of State's Bureau for International Narcotics 
     Control and Law Enforcement Affairs to report to the 
     Committees on Appropriations not later than January 15, 2000, 
     regarding its plans to meet the requirements of this section.
     Sec. 589. Indonesia
       The conference agreement includes new language that 
     conditions the obligations of funds appropriated by this Act 
     under the headings ``International Military Education and 
     Training'' and ``Foreign Military Financing Program'' on a 
     Presidential determination and report to Congress that the 
     Government of Indonesia and the Indonesian Armed Forces are 
     meeting specified criteria regarding accountability for past 
     acts and ongoing activities in Indonesia and East Timor.
     Sec. 590. Man and the Biosphere Program
       The conference agreement prohibits the provision of funds 
     made available by the Act for the United Nations Man and the 
     Biosphere Program of the United Nations World Heritage Fund 
     if the Program or the Fund engage in activities affecting 
     sites in the United States during the current fiscal year.
     Sec. 591. Immunity for the Federal Republic of Yugoslavia
       The conference agreement includes language that provides 
     that 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). The section shall not apply to Montenegro or 
     Kosova, and 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. However, the language 
     provides that the certification shall not affect the 
     continuation of ongoing litigation.
       The Senate amendment would have applied all sanctions 
     applicable to a terrorist state to the Federal Republic of 
     Yugoslavia. The House bill did not address this matter.
     Sec. 592. United States assistance policy for opposition-
         controlled areas of Sudan
       The conference agreement provides the President the 
     authority to provide food assistance to groups engaged in the 
     protection of civilian populations in opposition-controlled 
     areas of Sudan. In support of this effort, the managers urge 
     AID to provide up to $500,000 for the People-to-People peace 
     and reconciliation process designed to unite ethnic groups 
     and communities in southern Sudan. Further, the conference 
     agreement requires the President to submit to the Committees 
     on Appropriations a report on United States bilateral 
     assistance to opposition-controlled areas of Sudan. The 
     managers expect this report to be provided in both classified 
     and unclassified forms, if necessary. The report is to 
     include an accounting of U.S. assistance to opposition-
     controlled areas of Sudan in certain fiscal years and the 
     goals and objectives of such assistance. Further, the 
     President is to report on the policy implications, costs, and 
     sources of funds associated with providing humanitarian 
     assistance, including food, directly to National Democratic 
     Alliance participants and the U.S. agencies best suited to 
     administer these activities. Also, the President is to report 
     on the policy implications of increasing substantially the 
     amount of development assistance for certain activities in 
     opposition-controlled areas of Sudan, the identification (by 
     organization) of all proposed beneficiaries of such 
     assistance, and the obstacles to administering a development 
     assistance program in this region.
       The Senate amendment included three provisions relating to 
     U.S. assistance programs in opposition-controlled areas of 
     Sudan. The House bill did not address this matter.
     Sec. 593. Consultations on arms sales to Taiwan
       The conference agreement includes Senate language that 
     directs the Secretary of State to consult with the Congress 
     regarding a mechanism to provide for congressional input into 
     the nature or quantity of defense articles and services 
     for Taiwan. The House bill did not address this matter.
     Sec. 594. Authorizations
       The conference agreement authorizes appropriations for 
     various international financial institutions, as proposed in 
     the Senate amendment. The House did not address this matter.
     Sec. 595. Assistance for Costa Rica
       The conference agreement provides that $8,000,000 of the 
     funds appropriated in Public Law 106-31, under the heading 
     ``Central America and the Caribbean Emergency Disaster 
     Recovery Fund'' be provided to Costa Rica.
     Sec. 596. Silk Road Strategy Act of 1999
       The conference agreement is the same as the Senate 
     amendment regarding policy toward Central Asia, with the 
     addition of language relating to trade disputes.
     Sec. 597. Country reports on human rights practices
       The conference agreement includes language, similar to the 
     Senate amendment, which amends the Foreign Assistance Act of 
     1961 to require that the annual State Department ``Country 
     Reports on Human Rights Practices'' include a new section 
     regarding the trafficking in persons, especially women and 
     children. The House did not address this matter.
     Sec. 598. OPIC maritime fund
       The conference agreement expresses the sense of the 
     Congress that the Overseas Private Investment Corporation 
     shall within one year from the date of 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.
     Sec. 599. Sanctions against Serbia
       The conference report includes language similar to that in 
     the Senate amendment that requires that a number of specified 
     sanctions against Serbia remain in place until a 
     certification is issued by the President. The certification 
     requires that Serbia comply with a number of international 
     agreements, and provides an exemption for Montenegro and 
     Kosova for the sanctions imposed through international 
     financial institutions. It also allows for a waiver of all 
     sanctions if necessary to meet emergency humanitarian needs.
       The House bill did not address this matter.
     Sec. 599A. Clean coal technology
       The conference agreement includes a section contained in 
     the Senate amendment making a number of Congressional 
     findings regarding clean coal technology. The House bill did 
     not address this matter.
     Sec. 599B. Restriction on United States assistance for 
         certain reconstruction efforts in the Balkans region
       The conference agreement includes language that provides 
     that funds made available by this Act for 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. Under the terms of this 
     section, the term ``article'' means any agricultural 
     commodity, steel, communications equipment, farm machinery or 
     petrochemical refinery equipment.
       The Senate amendment would have prohibited the use of 
     reconstruction funds in this Act for the former Yugoslavia or 
     any contiguous country for the procurement of any article 
     purchased outside the United States, the recipient country, 
     or least developed countries, or any service provided by a 
     foreign person, subject to certain exceptions. The House bill 
     did not address this matter.
     Sec. 599C. United Nations Population Fund
       The conference agreement provides that, of amounts under 
     ``International Organizations and Programs'', not more than 
     $25,000,000 for fiscal year 2000 shall be available for the 
     United Nations Population Fund (UNFPA) subject to certain 
     prohibitions and conditions. This section prohibits funds for 
     the UNFPA from being made available for a country program in 
     the People's Republic of China. Also, fiscal year 2000 funds 
     are prohibited for UNFPA unless (1) UNFPA maintains these 
     funds in an account separate from other UNFPA accounts (2) 
     UNFPA does not commingle these funds with other sums and (3) 
     UNFPA does not fund abortions.
       This section requires that the Secretary of State report to 
     Congress not later than February 15, 2000, indicating the 
     amount of funds that the UNFPA is budgeting for the year in 
     which the report is submitted for a country program in the 
     People's Republic of China. If this report indicates that the 
     UNFPA 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 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 was submitted.
       This section is identical to the House bill. The Senate 
     amendment included similar language.

[[Page H12340]]

     Sec. 599D. Authorization for population planning
       The conference agreement includes language which limits the 
     amount of funds appropriated in title II of this Act for 
     population planning activities or other population assistance 
     to $385,000,000. This section requires that any foreign 
     private, nongovernmental or multilateral organization meet 
     certain requirements in order to receive such assistance and 
     contains the authority for the President to waive these 
     restrictions.
     Sec. 599E. OPIC authorization
       The conference agreement includes language that provides 
     authority for the operations of the Overseas Private 
     Investment Corporation (OPIC) until November 1, 2000.

                PROVISIONS NOT ADOPTED BY THE CONFEREES

                Distinguished Development Service Award

       The conference agreement does not include the section in 
     the Senate amendment regarding the distinguished development 
     service award. The House bill did not address this matter.

Withholding Assistance to Countries Violating United Nations Sanctions 
                             Against Libya

       The conference agreement deletes a House provision that 
     imposed a reduction in United States assistance of at least 5 
     percent when a country violates specified United Nations 
     sanctions against Libya. The Senate amendment did not address 
     this matter. The provision is no longer relevant, since the 
     United Nations has suspended the application of sanctions 
     against Libya.

 Limitation on Funds for Foreign Organizations That Perform or Promote 
                               Abortions

       The conference agreement does not include a provision 
     contained in the House bill which would have restored, in 
     part, the ``Mexico City'' policy regarding restrictions on 
     U.S. assistance to foreign organizations that perform or 
     actively promote abortion, including lobbying or any other 
     effort to alter laws of any foreign country concerning 
     abortion. The Senate did not address this matter.

   Restriction on Population Planning Activities or Other Population 
                               Assistance

       The conference agreement does not include a provision 
     contained in the House bill which would have prohibited funds 
     for population planning activities for foreign 
     nongovernmental organizations under certain conditions.

                 Sense of the Senate Regarding Colombia

       The conference agreement does not include a section 
     contained in the Senate amendment regarding Colombia.

    Assistance To Promote Democracy and Civil Society in Yugoslavia

       The conference agreement deletes language from the Senate 
     amendment that provided general authority to promote 
     democracy and civil society in Yugoslavia, including an 
     authorization of appropriations of $100,000,000; included a 
     prohibition on assistance to the Government of Serbia; and 
     included authority to provide assistance to the Government of 
     Montenegro subject to certain conditions. The House bill did 
     not address this matter.

Limitation on Use of Funds for Purchase of Products Not Made in America

       The conference agreement does not include language from the 
     House bill that prohibits funds from titles I, II, or III for 
     any foreign government if the funds are used to purchase 
     equipment or products made in a country other than the 
     foreign country itself or from the United States. The Senate 
     amendment did not address this matter.
       This issue is further addressed in section 545 of the 
     conference report, ``Purchase of American-Made Equipment and 
     Products''.

            Limitation on Assistance for School of Americas

       The conference agreement does not contain language from the 
     House bill that would have prohibited funding for the School 
     of the Americas located at Fort Benning, Georgia. The Senate 
     amendment did not address this matter.

            To Promote an International Arms Transfer Regime

       The conference agreement does not include language from the 
     Senate amendment that would have authorized the President to 
     continue and expand efforts through the United Nations and 
     other international fora to limit arms transfers worldwide, 
     and that specified the transfers that should be limited. The 
     Senate language would also have required a semiannual report 
     on progress in such negotiations to accomplish this goal. The 
     House bill did not address this matter.

   Sense of the Senate Regarding United States Commitments Under the 
               United States-North Korea Agreed Framework

       The conference agreement deletes Senate language that 
     expressed the Sense of the Senate regarding the Agreed 
     Framework and deliveries of heavy fuel oil to KEDO and North 
     Korea. The House bill did not address this matter.

   Sense of the Senate Regarding an International Conference on the 
                                Balkans

       The conference agreement deletes Senate language expressing 
     the Sense of the Senate regarding the need for an 
     international conference on the Balkans. The House bill did 
     not address this matter.

                    Accountability of Saddam Hussein

       The conference agreement deletes Senate language regarding 
     accountability for Saddam Hussein. The House bill did not 
     address this matter.
       The managers agree with the intent of the language of the 
     Senate amendment on the need for accountability on the part 
     of Saddam Hussein.

Sense of the Senate Regarding Assistance Provided to Lithuania, Latvia, 
                              and Estonia

       The conference agreement deletes Senate language that 
     expressed the Sense of the Senate that assistance to the 
     Baltic nations should not be interpreted as expressing the 
     will of the Senate to accelerate membership of those nations 
     into NATO.

 Sense of the Senate Regarding Assistance Under the Camp David Accords

       The conference agreement deletes Senate language expressing 
     the Sense of the Senate on assistance under the Camp David 
     accords. The House bill did not address this matter.

 Sense of Congress in Management of United States Interests in Ukraine

       The conference agreement deletes Senate language expressing 
     the Sense of the Congress in management of U.S. interests in 
     Ukraine. The House bill did not address this matter.

          Sense of the Senate on the Citizens Democracy Corps

       The conference agreement deletes Senate language expressing 
     the Sense of the Senate on the Citizens Democracy Corps. The 
     House bill did not address this matter.

    Control and Eliminate the International Problem of Tuberculosis

       The conference agreement deletes Senate language expressing 
     the Sense of the Senate on elimination of the international 
     problem of tuberculosis. The House bill did not address this 
     matter.

  Limitation on Assistance to the Government of the Russian Federation

       The conference agreement does not include language 
     contained in the House bill limiting assistance to the 
     government of the Russian Federation at $172,000,000. The 
     Senate amendment did not include a similar provision. This 
     matter is addressed in title II under the heading 
     ``Assistance to the Independent States of the Former Soviet 
     Union''.

                       Expanded Threat Reduction

       The conference agreement does not include two sections from 
     the Senate amendment regarding the Expanded Threat Reduction 
     Initiative. The House bill did not contain similar 
     provisions.

      TITLE VI--INTERNATIONAL AFFAIRS SUPPLEMENTAL APPROPRIATIONS

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                  other bilateral economic assistance

                         economic support fund

       The conference agreement appropriates $450,000,000 in 
     supplemental funds for assistance for Jordan and for the West 
     Bank and Gaza, to remain available until September 30, 2002, 
     of which $100,000,000 shall become available for obligation 
     on September 30, 2000. Pursuant to the budget request, 
     $50,000,000 is intended for assistance for Jordan and 
     $400,000,000 is intended for assistance for the West Bank and 
     Gaza. These funds are designated an emergency for the 
     purposes of the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, and shall only be available to the 
     extent that an official budget request that designates the 
     entire amount as an emergency requirement pursuant to said 
     Act is transmitted to the Congress.
       The funds provided under this heading, and in this title 
     under the heading ``Foreign Military Financing Program'', are 
     associated with implementation of the Wye River Accord. It is 
     the intention of the managers that the information provided 
     in budget justification documents for both accounts regarding 
     this request, including the information submitted on October 
     15, 1999, will be used as the baseline for any proposed 
     reprogramming of funds.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   foreign military financing program

       The conference agreement appropriates $1,375,000,000 in 
     supplemental funds for this account, 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. Of the total appropriated, $400,000,000 
     shall become available for obligation on September 30, 2000. 
     These funds are designated an emergency for the purposes of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, and shall only be available to the extent 
     that an official budget request that designates the entire 
     amount as an emergency requirement pursuant to said Act is 
     transmitted to the Congress.
       The bill language reiterates the grant nature of this 
     assistance and that funds are to be expended at the minimum 
     rate necessary to make timely payments for defense articles 
     and services. These provisions are restated in the 
     supplemental for emphasis even though their inclusion is not 
     legally necessary. Indeed, all the terms and conditions 
     applicable to funds under this heading in title III apply to 
     this supplemental appropriation unless there is an explicit 
     exception made.
       The conference agreement also includes bill language to 
     maintain procurement of defense articles and defense services 
     in Israel

[[Page H12341]]

     at the current rate of 26.3 percent of the funds appropriated 
     for military assistance. It also provides that, 
     notwithstanding any other provision of this Act, not to 
     exceed $1,370,000,000 of the funds appropriated in title III 
     under this heading shall be disbursed within 30 days of 
     enactment of this Act.

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 2000 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1999 amount, the 2000 
     budget estimates, and the House and Senate bills for 2000 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 1999.......$33,330,393
Budget estimates of new (obligational) authority, fiscal year14,919,535
House bill, fiscal year 2000 (H.R. 2606).....................12,668,115
Senate bill, fiscal year 2000 (H.R. 2606)....................12,735,655
Conference agreement, fiscal year 2000*......................15,359,935
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1999.....-17,970,458
  Budget estimates of new (obligational) authority, fiscal year+440,400
  House bill, fiscal year 2000...............................+2,691,820
  Senate bill, fiscal year 2000..............................+2,624,280

*Includes emergency funding of $1,300,000,000 associated with the 
fiscal year 1999 and fiscal year 2001 requests for the Wye River 
Accord.

       The conference agreement would enact the provisions of H.R. 
     3423 as introduced on November 17, 1999. The text of that 
     bill follows:
       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 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 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.


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


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents,

[[Page H12342]]

     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 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 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.


               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

[[Page H12343]]

     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 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 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 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.
       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

[[Page H12344]]

     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 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 from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $95,891,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2000 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.


                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $196,208,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $8,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2000: Provided further, That of the funds herein 
     provided up to $18,000,000 may be used for the emergency 
     program authorized by section 410 of Public Law 95-87, as 
     amended, of which no more than 25 percent shall be used 
     for emergency reclamation projects in any one State and 
     funds for federally administered emergency reclamation 
     projects under this proviso shall not exceed $11,000,000: 
     Provided further, That prior year unobligated funds 
     appropriated for the emergency reclamation program shall 
     not be subject to the 25 percent limitation per State and 
     may be used without fiscal year limitation for emergency 
     projects: Provided further, That pursuant to Public Law 
     97-365, the Department of the Interior is authorized to 
     use up to 20 percent from the recovery of the delinquent 
     debt owed to the United States Government to pay for 
     contracts to collect these debts: Provided further, That 
     funds made available under title IV of Public Law 95-87 
     may be used for any required non-Federal share of the cost 
     of projects funded by the Federal Government for the 
     purpose of environmental restoration related to treatment 
     or abatement of acid mine drainage from abandoned mines: 
     Provided further, That such projects must be consistent 
     with the purposes and priorities of the Surface Mining 
     Control and Reclamation Act: Provided further, That, in 
     addition to the amount granted 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 $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

[[Page H12345]]

     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 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 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro-rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code (commonly known as the ``Federal Tort Claims 
     Act''). Not later than June 15, 2000, the Secretary of the 
     Interior shall evaluate the effectiveness of Bureau-funded 
     schools sharing facilities with charter schools in the manner 
     described in the preceding sentence and prepare and submit a 
     report on the finding of that evaluation to the Committees on 
     Appropriations of the Senate and of the House.
       The Tate Topa Tribal School, the Black Mesa Community 
     School, the Alamo Navajo School, and other Bureau-funded 
     schools subject to the approval of the Secretary of the 
     Interior, may use prior year school operations funds for the 
     replacement or repair of Bureau of Indian Affairs education 
     facilities which are in compliance with 25 U.S.C. 2005(a) and 
     which shall be eligible for operation and maintenance support 
     to the same extent as other Bureau of Indian Affairs 
     education facilities: Provided, That any additional 
     construction costs for replacement or repair of such 
     facilities begun with prior year funds shall be completed 
     exclusively with non-Federal funds.

                          Departmental Offices

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $70,171,000, of which: (1) $66,076,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $4,095,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, 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

[[Page H12346]]

     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 up to $1,000,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines.

                        Office of the Solicitor


                         Salaries and Expenses

       For necessary expenses of the Office of the Solicitor, 
     $40,196,000.

                      Office of Inspector General


                         Salaries and Expenses

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $26,086,000.

             Office of Special Trustee for American Indians


                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $90,025,000, to remain available until expended: 
     Provided, That funds for trust management improvements may be 
     transferred, as needed, to the Bureau of Indian Affairs 
     ``Operation of Indian Programs'' account and to the 
     Departmental Management ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2000, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least 18 months and has a balance of $1.00 or less: Provided 
     further, That the Secretary shall issue an annual account 
     statement and maintain a record of any such accounts and 
     shall permit the balance in each such account to be withdrawn 
     upon the express written request of the account holder.


                    indian land consolidation pilot

                       Indian Land Consolidation

       For implementation of a pilot program for consolidation of 
     fractional interests in Indian lands by direct expenditure or 
     cooperative agreement, $5,000,000 to remain available until 
     expended and which shall be transferred to the Bureau of 
     Indian Affairs, of which not to exceed $500,000 shall be 
     available for administrative expenses: Provided, That the 
     Secretary may enter into a cooperative agreement, which shall 
     not be subject to Public Law 93-638, as amended, with a tribe 
     having jurisdiction over the pilot reservation to implement 
     the program to acquire fractional interests on behalf of such 
     tribe: Provided further, That the Secretary may develop a 
     reservation-wide system for establishing the fair market 
     value of various types of lands and improvements to govern 
     the amounts offered for acquisition of fractional interests: 
     Provided further, That acquisitions shall be limited to one 
     or more pilot reservations as determined by the Secretary: 
     Provided further, That funds shall be available for 
     acquisition of fractional interest in trust or restricted 
     lands with the consent of its owners and at fair market 
     value, and the Secretary shall hold in trust for such tribe 
     all interests acquired pursuant to this pilot program: 
     Provided further, That all proceeds from any lease, resource 
     sale contract, right-of-way or other transaction derived from 
     the fractional interest shall be credited to this 
     appropriation, and remain available until expended, until the 
     purchase price paid by the Secretary under this appropriation 
     has been recovered from such proceeds: Provided further, That 
     once the purchase price has been recovered, all subsequent 
     proceeds shall be managed by the Secretary for the benefit of 
     the applicable tribe or paid directly to the tribe.

           Natural Resource Damage Assessment and Restoration


                natural resource damage assessment fund

       To conduct natural resource damage assessment activities by 
     the Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act, as amended (42 U.S.C. 9601 
     et seq.), Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public 
     Law 101-380), and Public Law 101-337, $5,400,000, to remain 
     available until expended.


                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That notwithstanding any other provision 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft: Provided 
     further, That no programs funded with appropriated funds in 
     the ``Departmental Management'', ``Office of the Solicitor'', 
     and ``Office of Inspector General'' may be augmented through 
     the Working Capital Fund or the Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     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 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

[[Page H12347]]

     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.
       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 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;
       ``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/

[[Page H12348]]

     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 
     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
       (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. 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 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

[[Page H12349]]

       (3) notwithstanding paragraphs (1) and (2) of this 
     subsection, at any time the Secretary and the Governor 
     mutually determine that the amount necessary to fund payments 
     under paragraph (2) will total less than $4,300,000 then the 
     Secretary may approve the amount of any unused portion of 
     such sum for additional payments against ASG debt under 
     paragraph (1).
       (f ) Exception.--Proceeds from the loan under this section 
     shall be used solely for the purposes of debt payments and 
     reform plan implementation as specified herein, except that 
     the Secretary may provide an amount equal to not more than 2 
     percent of the total loan proceeds for the purpose of 
     retaining the services of an individual or business entity to 
     provide direct assistance and management expertise in 
     carrying out the purposes of this section. Such individual or 
     business entity shall be mutually agreeable to the Governor 
     and the Secretary, may not be a current or former employee 
     of, or contractor for, and may not be a creditor of ASG. 
     Notwithstanding the preceding two sentences, the Governor and 
     the Secretary may agree to also retain the services of any 
     semi-autonomous agency of ASG which has established a record 
     of sound management and fiscal responsibility, as evidenced 
     by audited financial reports for at least three of the past 5 
     years, to coordinate with and assist any individual or entity 
     retained under this subsection.
       (g) Construction.--The provisions of this section are 
     expressly applicable only to the utilization of proceeds from 
     the loan described in this section, and nothing herein shall 
     be construed to relieve ASG from any lawful debt or 
     obligation except to the extent a creditor shall voluntarily 
     enter into an arms length agreement to compromise and settle 
     outstanding amounts under subsection (c).
       (h) Termination.--The payment of debt and the payments 
     associated with implementation of the interim final reform 
     plan shall be completed not later than October 1, 2003. On 
     such date, any unused loan proceeds totaling $1,000,000 or 
     less shall be transferred by the Secretary directly to ASG. 
     If the amount of unused 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;
       (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\.
       (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:
       ``(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.

[[Page H12350]]

       ``(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.
       ``(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;
       (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.
       (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

[[Page H12351]]

     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 
     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''.

                       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. 4601-6a(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 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, 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.

[[Page H12352]]

    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. 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.
       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.
       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.
       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.

[[Page H12353]]

       The Forest Service shall fund overhead, national 
     commitments, indirect expenses, and any other category for 
     use of funds which are expended at any units, that are not 
     directly related to the accomplishment of specific work on-
     the-ground (referred to as ``indirect expenditures''), from 
     funds available to the Forest Service, unless otherwise 
     prohibited by law: Provided, That the Forest Service shall 
     implement and adhere to the definitions of indirect 
     expenditures established pursuant to Public Law 105-277 on a 
     nationwide basis without flexibility for modification by any 
     organizational level except the Washington Office, and when 
     changed by the Washington Office, such changes in definition 
     shall be reported in budget requests submitted by the Forest 
     Service: Provided further, That the Forest Service shall 
     provide in all future budget justifications, planned indirect 
     expenditures in accordance with the definitions, summarized 
     and displayed to the Regional, Station, Area, and detached 
     unit office level. The justification shall display the 
     estimated source and amount of indirect expenditures, by 
     expanded budget line item, of funds in the agency's annual 
     budget justification. The display shall include appropriated 
     funds and the Knutson-Vandenberg, Brush Disposal, Cooperative 
     Work-Other, and Salvage Sale funds. Changes between estimated 
     and actual indirect expenditures shall be reported in 
     subsequent budget justifications: Provided further, That 
     during fiscal year 2000 the Secretary shall limit total 
     annual indirect obligations from the Brush Disposal, 
     Cooperative Work-Other, Knutson-Vandenberg, Reforestation, 
     Salvage Sale, and Roads and Trails funds to 20 percent of the 
     total obligations from each fund.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $500,000.
       From any unobligated balances available at the start of 
     fiscal year 2000, the amount of $5,000,000 shall be allocated 
     to the Alaska Region, in addition to the funds appropriated 
     to sell timber in the Alaska Region under this Act, for 
     expenses directly related to preparing sufficient additional 
     timber for sale in the Alaska Region to establish a 3-year 
     timber supply.
       The Forest Service is authorized through the Forest Service 
     existing budget to reimburse Harry Frey, $143,406 (1997 
     dollars) because his home was destroyed by arson on June 21, 
     1990 in retaliation for his work with the Forest Service.

                          DEPARTMENT OF ENERGY

                         clean coal technology


                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $156,000,000 shall not be 
     available until October 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.

                          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 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

[[Page H12354]]

     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 Self-Determination and 
     Education Assistance Act of 1975 (25 U.S.C. 450), shall be 
     deemed to be obligated at the time of the grant or contract 
     award and thereafter shall remain available to the tribe or 
     tribal organization without fiscal year limitation: Provided 
     further, That $12,000,000 shall remain available until 
     expended, for the Indian Catastrophic Health Emergency Fund: 
     Provided further, That $395,290,000 for contract medical care 
     shall remain available for obligation until September 30, 
     2001: Provided further, That of the funds provided, up to 
     $17,000,000 shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for 1-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available for obligation until 
     September 30, 2001: Provided further, That amounts received 
     by tribes and tribal organizations under title IV of the 
     Indian Health Care Improvement Act shall be reported and 
     accounted for and available to the receiving tribes and 
     tribal organizations until expended: Provided further, That, 
     notwithstanding any other provision of law, of the amounts 
     provided herein, not to exceed $228,781,000 shall be for 
     payments to tribes and tribal organizations for contract or 
     grant support costs associated with contracts, grants, self-
     governance compacts or annual funding agreements between the 
     Indian Health Service and a tribe or tribal organization 
     pursuant to the Indian Self-Determination Act of 1975, as 
     amended, prior to or during fiscal year 2000, of which not to 
     exceed $10,000,000 may be used for such costs associated with 
     new and expanded contracts, grants, self-governance compacts 
     or annual funding agreements: Provided further, That funds 
     available for the Indian Health Care Improvement Fund may be 
     used, as needed, to carry out activities typically funded 
     under the Indian Health Facilities account.


                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $318,580,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health 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 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 a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $2,125,000.

                        Smithsonian Institution


                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of

[[Page H12355]]

     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.


          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, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $61,538,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $6,311,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as 
     price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $14,000,000.


                              construction

       For necessary expenses for capital repair and 
     rehabilitation of the existing features of the building and 
     site of the John F. Kennedy Center for the Performing Arts, 
     $20,000,000, to remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $6,790,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $85,000,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended.


                            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 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

[[Page H12356]]

     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 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, 
     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.
       (c) Report.--On September 30, 2000, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 313. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, and 
     105-277 for payments to tribes and tribal organizations for 
     contract support costs associated with self-determination or 
     self-governance contracts, grants, compacts, or annual 
     funding agreements with the Bureau of Indian Affairs or the 
     Indian Health Service as funded by such Acts, are the total 
     amounts available for fiscal years 1994 through 1999 for such 
     purposes, except that, for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet indirect costs of ongoing contracts, 
     grants, self-governance compacts or annual funding 
     agreements.
       Sec. 314. Notwithstanding any other provision of law, for 
     fiscal year 2000 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' component of the President's Forest Plan for the 
     Pacific Northwest or the Jobs in the Woods Program 
     established in Region 10 of the Forest Service to individuals 
     and entities in historically timber-dependent areas in the 
     States of Washington, Oregon, northern California and Alaska 
     that have been affected by reduced timber harvesting on 
     Federal lands.
       Sec. 315. None of the funds collected under the 
     Recreational Fee Demonstration program may be used to plan, 
     design, or construct a visitor center or any other permanent 
     structure without prior approval of the House and the Senate 
     Committees on Appropriations if the estimated total cost of 
     the facility exceeds $500,000.
       Sec. 316. All interests created under leases, concessions, 
     permits and other agreements associated with the properties 
     administered by the Presidio Trust shall be exempt from all 
     taxes and special assessments of every kind by the State of 
     California and its political subdivisions.
       Sec. 317. None of the funds made available in this or any 
     other Act for any fiscal year may be used to designate, or to 
     post any sign designating, any portion of Canaveral National 
     Seashore in Brevard County, Florida, as a clothing-optional 
     area or as an area in which public nudity is permitted, if 
     such designation would be contrary to county ordinance.
       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.

[[Page H12357]]

       (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.
       (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 
     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.
       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.

[[Page H12358]]

       (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.
       (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 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--
       (a) 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
       (b) 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 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 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

[[Page H12359]]

     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
       (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'';
       (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 
     Valley National Heritage Corridor'' and inserting ``John H. 
     Chafee Blackstone River Valley National Heritage Corridor''.
       (2) Section 3 of Public Law 99-647 (16 U.S.C. 461 note) is 
     amended--
       (A) in the section heading, by striking ``blackstone river 
     valley national heritage corridor commission'' and inserting 
     ``john h. chafee blackstone river valley national heritage 
     corridor commission''; and
       (B) in subsection (a), by striking ``Blackstone River 
     Valley National Heritage Corridor Commission'' and inserting 
     ``John H. Chafee Blackstone River Valley National Heritage 
     Corridor Commission''.
       Sec. 344. A project undertaken by the Forest Service under 
     the Recreation Fee Demonstration Program as authorized by 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act for Fiscal Year 1996, as amended, 
     shall not result in--
       (1) displacement of the holder of an authorization to 
     provide commercial recreation services on Federal lands. 
     Prior to initiating any project, the Secretary shall consult 
     with potentially affected holders to determine what impacts 
     the project may have on the holders. Any modifications to the 
     authorization shall be made within the terms and conditions 
     of the authorization and authorities of the impacted agency.
       (2) the return of a commercial recreation service to the 
     Secretary for operation when such services have been provided 
     in the past by a private sector provider, except when--
       (A) the private sector provider fails to bid on such 
     opportunities;
       (B) the private sector provider terminates its relationship 
     with the agency; or
       (C) the agency revokes the permit for non-compliance with 
     the terms and conditions of the authorization.

     In such cases, the agency may use the Recreation Fee 
     Demonstration Program to provide for operations until a 
     subsequent operator can be found through the offering of a 
     new prospectus.
       Sec. 345. National Forest-Dependent Rural Communities 
     Economic Diversification. (a) Findings and Purposes.--Section 
     2373 of the National Forest-Dependent Rural Communities 
     Economic Diversification Act of 1990 (7 U.S.C. 6611) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``national forests'' and 
     inserting ``National Forest System land'';
       (B) in paragraph (4), by striking ``the national forests'' 
     and inserting ``National Forest System land'';
       (C) in paragraph (5), by striking ``forest resources'' and 
     inserting ``natural resources''; and
       (D) in paragraph (6), by striking ``national forest 
     resources'' and inserting ``National Forest System land 
     resources''; and
       (2) in subsection (b)(1)--
       (A) by striking ``national forests'' and inserting 
     ``National Forest System land''; and
       (B) by striking ``forest resources'' and inserting 
     ``natural resources''.
       (b) Definitions.--Section 2374(1) of the National Forest-
     Dependent Rural Communities Economic Diversification Act of 
     1990 (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--

[[Page H12360]]

       (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 East, Section 3, W.M., Township 
     22 North, Range 13 East, Section 9, W.M., Township 22 North, 
     Range 13 East, Section 11, W.M., Township 22 North, Range 13 
     East, Section 13, W.M., Township 22 North, Range 13 East, 
     Section 15, W.M., Township 22 North, Range 13 East, Section 
     25, W.M., Township 22 North, Range 13 East, Section 33, W.M., 
     Township 22 North, Range 13 East, Section 35, W.M., Township 
     22 North, Range 14 East, Section 7, W.M., Township 22 North, 
     Range 14 East, Section 9, W.M., Township 22 North, Range 14 
     East, Section 11, W.M., Township 22 North, Range 14 East, 
     Section 15, W.M., Township 22 North, Range 14 East, Section 
     17, W.M., Township 22 North, Range 14 East, Section 21, W.M., 
     Township 22 North, Range 14 East, Section 31, W.M., Township 
     22 North, Range 14 East, Section 27, W.M. The appraisal 
     approved by the Secretary of Agriculture on June 14, 1999 
     (the ``Appraisal'') shall be adjusted by subtracting the 
     values for the parcels described in the preceding sentence 
     determined during the Appraisal process in the context of the 
     whole estate to be conveyed''.
       (d) Section 604(b) of the Interstate 90 Land Exchange Act 
     of 1998, Public Law 105-277; 112 Stat. 2681-328 (1998), is 
     hereby amended by inserting after the words ``offered land'' 
     the following: ``, as provided in section 604(a), and 
     placement in escrow of acceptable title to Township 22 North, 
     Range 11 East, Section 3, W.M., Township 22 North, Range 11 
     East, Section 19, W.M., Township 21 North, Range 12 East, 
     Section 15, W.M., Township 21 North, Range 12 East, Section 
     23, W.M., Township 21 North, Range 12 East, Section 25, W.M., 
     Township 19 North, Range 13 East, Section 7, W.M., Township 
     19 North, Range 15 East, Section 31, W.M., and Township 19 
     North, Range 14 East, Section 25, W.M.''.
       (e) Section 604(b) is further amended by inserting the 
     following before the colon: ``except Township 19 North, Range 
     10 East, W.M., Section 4, Township 20 North, Range 10 East, 
     W.M., Section 32, and Township 21 North, Range 14 East, W.M., 
     W\1/2\W\1/2\ of Section 16, Township 12 North, Range 7 East, 
     Sections 4 and 5, W.M., Township 13 North, Range 7 East, 
     Sections 32 and 33, W.M., Township 8 North, Range 4 East, 
     Section 17 and the S\1/2\ of 16, W.M., which shall be 
     retained by the United States''. The Appraisal shall be 
     adjusted by subtracting the values determined for Township 19 
     North, Range 10 East, W.M., Section 4, Township 20 North, 
     Range 10 East, W.M., Section 32, Township 12 North, Range 7 
     East, Sections 4 and 5, W.M., Township 13 North, Range 7 
     East, Sections 32 and 33, W.M., Township 8 North, Range 4 
     East, Section 17 and the S\1/2\ of Section 16, W.M. during 
     the Appraisal process in the context of the whole estate to 
     be conveyed.
       (f ) After adjustment of the Appraisal, the values of the 
     offered and selected lands, including the offered lands held 
     in escrow, shall be equalized as follows:
       (1) the appraised value of the offered lands, as such lands 
     and appraised value have been adjusted hereby, minus the 
     appraised value of the offered lands to be placed into 
     escrow, shall be compared to the appraised value of the 
     selected lands, as such lands and appraised value have been 
     adjusted hereby, and the Secretary shall equalize such values 
     by the payment of cash to Plum Creek at the time that deeds 
     are exchanged, such cash to come from currently appropriated 
     funds, or, if necessary, by reprogramming; and
       (2) the Secretary shall compensate Plum Creek for the lands 
     placed into escrow, based upon the values determined 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 Fund 
     Act of 1965 (16 U.S.C. 4601-9), the boundary of the 
     Snoqualmie National Forest, as adjusted by this 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

[[Page H12361]]

     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/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 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, 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).

     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''.

[[Page H12362]]

       (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.
       (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 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.
       (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 Act.

     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 ``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

[[Page H12363]]

     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''.
       Following is explanatory language on H.R. 3423, as 
     introduced on November 17, 1999.

     DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS

       The conferees on H.R. 3194 agree with the matter inserted 
     in this division of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in H.R. 
     2466, the Department of the Interior and Related Agencies 
     Appropriations Act, 2000, by members of the subcommittee of 
     both the House and Senate with jurisdiction over H.R. 2466.
       The conference agreement with respect to fiscal year 2000 
     appropriations for the Department of the Interior and Related 
     Agencies incorporates some of the provisions of House Report 
     106-222 and Senate Report 106-99. Report language and 
     allocations set forth in either of those reports, which are 
     not changed by the conference agreement, are approved. The 
     agreement described herein, while repeating some report 
     language for emphasis, does not negate the language 
     referenced above unless expressly provided. Administrative 
     provisions and general provisions which are identical in the 
     House-passed and Senate-passed versions of H.R. 2466 that are 
     unchanged by the conference agreement are approved unless 
     provided to the contrary herein.

             Allocation of Congressional Funding Priorities

       When Congressional instructions are provided, these 
     instructions are to be closely monitored and followed. In 
     this and future years, earmarks for Congressional funding 
     priorities shall be allocated for those projects or programs 
     prior to determining and allocating the remaining funds. 
     Field units or programs should not have their allocations 
     reduced because of earmarks for Congressional priorities 
     without direction from or approval of the House and Senate 
     Committees on Appropriations. Further, it is a Congressional 
     responsibility to determine the level of funds provided for 
     Federal agencies and how those funds should be distributed. 
     It is not useful or productive to have Administration 
     officials refer to Congressional directives as condescending 
     and encroaching on executive responsibility to direct agency 
     operations.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       The conference agreement provides $646,218,000 for 
     management of lands and resources instead of $631,068,000 as 
     proposed by the House and $634,321,000 as proposed by the 
     Senate.
       Increases above the House include $2,500,000 for grazing 
     permits, $1,500,000 for invasive species, $1,000,000 for 
     riparian management, $750,000 for Idaho weed control, $50,000 
     for Rio Puerco, $1,000,000 for the Colorado plateau ecosystem 
     study, $500,000 for the national laboratory grazing study, 
     $1,400,000 for fisheries, $900,000 for salmon restoration on 
     the Yukon River and Caribou-Poker Creek, $1,330,000 for 
     recreation resource management, $400,000 for the National 
     Petroleum Reserve-Alaska, $4,400,000 for Alaska Conveyance, 
     $300,000 for the Utah wilderness study, $350,000 for the 
     Montana mapping project, and a $1,000,000 restoration of the 
     general decrease.
       Decreases below the House include $500,000 from standards 
     and guidelines, $400,000 from wildlife, and $1,330,000 from 
     recreation operations.
       In addition to the increase of $2,500,000 as proposed by 
     the House and provided in the conference agreement for the 
     processing of permits for coalbed methane activities, the 
     conference agreement includes bill language that makes the 
     use of some of the Bureau's funds contingent upon a written 
     agreement between the coal mine operator and the gas producer 
     prior to permit issuance if the permitted activity is in an 
     area where there is a conflict between coal mining operations 
     and coalbed methane production. This restrictive language 
     only applies to the additional $2,500,000.
       The conference agreement earmarks $750,000 for the Couer 
     d'Alene Basin Commission for mining related cleanup 
     activities with the clear understanding that funding will be 
     provided only on a one-time basis.
       The Senate bill calls for a report by USDA's Forest Service 
     dealing with integration of watershed and community needs. It 
     is expected that this report be a joint Forest Service and 
     Bureau of Land Management report as stated on page 75 of 
     Senate Report 106-99.
       The Bureau appears to be introducing new burdensome and 
     questionable requirements on domestic oil and gas 
     applications for permits to drill, and it is expected that 
     the Bureau to cease requiring companies to apply paint to 
     ground that will be disturbed by drilling activities.
       The conference agreement concurs with the Senate report 
     language providing guidance on the Southern Nevada Public 
     Lands Management Act as stated in Senate Report 106-99.
       The conference agreement maintains the funding level for 
     Kane and Garfield counties at the fiscal year 1999 level of 
     $250,000.
       The conference agreement contains modified bill language in 
     Title III as proposed by the Senate to allow the Bureau to 
     use up to $1,000,000 for the Youth Conservation Corps.


                        wildland fire management

       The conference agreement provides $292,282,000 for wildland 
     fire management instead of $292,399,000 as proposed by the 
     House and $283,805,000 as proposed by the Senate.
       Changes to the House include an increase of $57,500 to 
     reimburse Trinity County for expenses incurred as part of the 
     July 2, 1999, Lowden fire, and a decrease of $175,000 as an 
     offset against the Weber Dam project.


                    central hazardous materials fund

       The conference agreement provides $10,000,000 for the 
     central hazardous materials fund as proposed by the House and 
     Senate.


                              construction

       The conference agreement provides $11,425,000 for 
     construction instead of $11,100,000 as proposed by the House 
     and $12,418,000 as proposed by the Senate.
       Increases above the House include $50,000 for the La Puebla 
     pit tank, $250,000 for the California Trail Interpretive 
     Center, and $25,000 for uncontrollable costs.


                       payments in lieu of taxes

       The conference agreement provides $135,000,000 for payments 
     in lieu of taxes as proposed by the Senate instead of 
     $145,000,000 as proposed by the House.


                            land acquisition

       The conference agreement provides $15,500,000 for land 
     acquisition instead of $15,000,000 as proposed by the House 
     and $17,400,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        State and project                                        Amount
CA--California Wilderness (Catellus property)................$5,000,000
AZ--Cerbat Foothills............................................500,000
UT--Grafton Preservation........................................250,000
NM--La Cienega ACEC...........................................1,000,000
CA--Otay Mts./Kuchamaa..........................................750,000
WA--Rock Cr. Watershed (Escure Ranch)...........................500,000
CA--Santa Rosa Mts. NSA.........................................500,000
CO--Upper Arkansas River Basin................................2,500,000
ID--Upper Snake/S. Fork Snake River.............................500,000
OR--West Eugene Wetlands........................................500,000
                                                       ________________
                                                       
    Subtotal.................................................12,000,000
Emergency/Hardships/Inholdings..................................500,000
Acquisition Management........................................3,000,000
                                                       ________________
                                                       
    Total....................................................15,500,000

       The $250,000 provided for Grafton, Utah is for acquisition 
     of a 30-acre portion of the 220-acre Stout property. The 30 
     acres are foothill land adjacent to BLM managed public land 
     and are appropriate for BLM acquisition. It is expected that 
     the Grafton Heritage Project and the Grand Canyon Trust will 
     be responsible for acquisition and management of the balance 
     of the Stout property.
       The conference agreement provides $5,000,000 to the 
     National Park Service (NPS) and $5,000,000 to the Bureau of 
     Land Management (BLM) for land acquisition within the 
     California desert. This funding is based on the understanding 
     that the Wildlands Conservancy will acquire 8,000 additional 
     acres, in consultation with the NPS and BLM, from willing 
     seller and small private inholdings within Joshua Tree 
     National Park and the Mojave National Preserve within the 
     next year. An additional $5,000,000 is provided in Title VI 
     for this acquisition.
       No additional funds will be provided for Catellus land 
     acquisition in future years unless and until the Department 
     of the Interior and the Department of Defense completely 
     resolve remaining issues relating to desert tortoise 
     mitigation and land acquisition and expansion at the National 
     Training Center for the Army at Fort Irwin, California.
       Furthermore, the House and Senate Committees on 
     Appropriations will consider an additional $15,000,000 for 
     California desert land acquisition of the Catellus lands up 
     to a total of $30,000,000. Future funding decisions will be 
     based upon resolution by the two departments of the issues 
     concerning desert tortoise mitigation and land acquisition 
     and expansion at the National Training Center for the Army of 
     Fort Irwin.


                   oregon and california grant lands

       The conference agreement provides $99,225,000 for Oregon 
     and California grant lands as proposed by the House and 
     Senate.

[[Page H12364]]

                           range improvements

       The conference agreement provides an indefinite 
     appropriation for range improvements of not less than 
     $10,000,000 as proposed by the House and Senate.


               service charges, deposits, and forfeitures

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures 
     which is estimated to be $8,800,000 as proposed by the House 
     and Senate.


                       miscellaneous trust funds

       The conference agreement provides an indefinite 
     appropriation of $7,700,000 for miscellaneous trust funds as 
     proposed by the House and Senate.

                United States Fish and Wildlife Service


                          resource management

       The conference agreement provides $716,046,000 for resource 
     management instead of $710,700,000 as proposed by the House 
     and $684,569,000 as proposed by the Senate.
       Changes to the House position in endangered species 
     programs include an increase of $100,000 in candidate 
     conservation and a decrease of $300,000 in listing. The 
     conference agreement includes increases of $100,000 for the 
     Broughton Ranch demonstration project and $300,000 for a 
     coldwater fish HCP in Montana and a decrease of $300,000 for 
     other program activities in consultation. Also included are 
     increases of $3,857,000 for Washington salmon recovery, 
     $500,000 for the Bruneau hot springs snail, $400,000 for the 
     Prebles meadow jumping mouse, $1,500,000 for small landowner 
     partnerships, and $200,000 for a Weber Dam study, and a 
     decrease of $1,100,000 for other program activities in 
     recovery. The conference agreement includes a decrease of 
     $1,500,000 for the small landowner incentive program.
       Changes to the House position in habitat conservation 
     include increases of $250,000 for Hawaii ESA community 
     conservation and $150,000 for Nevada biodiversity and 
     decreases of $200,000 for the Washington State Department of 
     Fish and Wildlife grant program and $500,000 for other 
     program activities in the partners for fish and wildlife 
     program. There is a decrease of $500,000 for FERC relicensing 
     in project planning; an increase of $193,000 for Long Live 
     the Kings and a decrease of $300,000 for other program 
     activities in the coastal program; and a decrease of $500,000 
     for the National wetlands inventory.
       For refuge operations and maintenance changes to the House 
     position include an increase of $200,000 for Spartina grass 
     research at the University of Washington and decreases of 
     $250,000 for coral reefs, $500,000 for the Volunteer and 
     Community Partnership Act, a net decrease of $250,000 for 
     tundra to tropics, leaving $250,000 specifically for Hawaii 
     ecosystems and $1,000,000 for other program activities in 
     refuges operations. There is also a decrease of $500,000 for 
     refuge maintenance. For law enforcement there is a decrease 
     from the House position of $500,000 for operations. In 
     migratory bird management there is an increase over the House 
     position of $400,000 for Canada geese depredation, including 
     dusky Canada geese, and a decrease of $400,000 for other 
     program activities.
       Changes to the House position for hatchery operations and 
     maintenance include increases of $200,000 for White Sulphur 
     Springs NFH, $500,000 for other hatchery operations and 
     maintenance, and $3,600,000 for Washington State Hatchery 
     Improvement as discussed below. Changes to the House position 
     for the fish and wildlife management account include 
     increases of $200,000 for Yukon River fisheries management 
     studies, $100,000 for Yukon River Salmon Treaty public 
     education programs, $110,000 for Caribou-Poker Creek salmon 
     passage assistance, $1,018,000 for fish passage improvements 
     in Maine, $600,000 for a prototype machine to mark hatchery 
     reared salmon at the Washington Department of Fish and 
     Wildlife, $400,000 for Great Lakes fish and wildlife 
     restoration, and $368,000 for a fisheries resource project in 
     cooperation with the Juniata Valley School District in 
     Alexandria, PA. There is a decrease of $300,000 for 
     Atlantic salmon recovery.
       Changes to the House position in general administration 
     include an increase of $200,000 for the National Conservation 
     Training Center and decreases in international affairs of 
     $700,000 for CITES permits and invasive species, $100,000 for 
     the Russia initiative and $150,000 for neotropical migrants. 
     There is also a decrease of $250,000 for the National Fish 
     and Wildlife Foundation.
       Bill Language.--The conference agreement provides that the 
     amount of funding for certain endangered species listing 
     programs may not exceed $6,232,000 instead of $6,532,000 as 
     proposed by the House and $5,932,000 as proposed by the 
     Senate.
       The conference agreement makes permanent the authority 
     provided in the Senate bill for National Wildlife Refuges in 
     Louisiana and Texas to retain funds collected from oil and 
     gas related damages under the Comprehensive Environmental 
     Response, Compensation and Liability Act, the Oil Pollution 
     Act and the Clean Water Act. The Senate provision extended 
     the authority only through fiscal year 2000. The House had no 
     similar provision.
       Under General Provisions, Department of the Interior, the 
     conference agreement modifies Senate Section 127 limiting the 
     use of funds to implement Secretarial Order 3206. The 
     modification permits implementation of the order except for 
     two provisions. The first would give preferential treatment 
     to Indian activities at the expense of non-Indian activities 
     in determining conservation restrictions to species listed 
     under the Endangered Species Act. The second would give 
     preferential treatment to tribal lands at the expense of 
     other privately owned lands in designating critical habitat 
     under the Endangered Species Act. The House had no similar 
     provision.
       The conference agreement provides for the following:
       1. The Service should continue to support the Nez Perce 
     Tribe's wolf monitoring efforts. This program has been very 
     successful and it should be continued at least at the funding 
     level provided in fiscal year 1999.
       2. Small landowner partnerships under the ESA recovery 
     program are not transferred to the landowner incentive 
     program as proposed by the House, but the Service should 
     consider seriously consolidating these programs in the fiscal 
     year 2001 budget.
       3. The $200,000 for a Weber Dam Study should be used by the 
     Service, through a contract or memorandum of understanding 
     with the Bureau of Reclamation, to (1) investigate 
     alternatives to the modification of Weber Dam on the Walker 
     River Paiute Reservation in Nevada; (2) evaluate the 
     feasibility and effectiveness of the installation of a fish 
     ladder at Weber Dam; and (3) evaluate opportunities for 
     Lahontan cutthroat trout restoration in the Walker River 
     Basin. Any future funding requirements identified for program 
     implementation should not be the responsibility of the U.S. 
     Fish and Wildlife Service.
       4. The $600,000 provided to assist with the Tongass Land 
     Management Plan is included with the understanding that the 
     State of Alaska should receive assistance as a partner.
       5. The Long Live the Kings salmon program is funded at 
     $393,000 in the coastal program, and $171,500 of that amount 
     is to be provided directly to the Hood Canal Salmon 
     Enhancement Group.
       6. The continuing unmet maintenance needs at Ohio River 
     Islands National Wildlife Refuge that not been addressed 
     adequately in Service budget requests. The Service should 
     ensure that: (1) the Refuge's maintenance requirements are 
     fully included by Region 9 in the Maintenance Management 
     System and (2) future budget requests include sufficient 
     funding for the Ohio River Islands National Wildlife Refuge 
     to cover adequately its growing maintenance needs.
       7. The funding provided for Caribou-Poker Creek salmon 
     restoration is for one-time fish passage assistance by the 
     Service. Any future operations and maintenance costs 
     associated with this project should not be borne by the 
     Service.
       8. The funding for fish passage improvements in Maine, 
     related to removal of Edwards Dam, is provided on a one-time 
     basis to help address a first-year shortfall in funding for 
     fish passage assistance and restoration as anticipated by the 
     Lower Kennebec River Comprehensive Hydropower Settlement 
     Accord, of which the Service is a partner. The Service, as a 
     partner in the Accord, should consider its responsibilities 
     under the Accord as it prepares future budget requests.
       9. The funding provided for the Washington Department of 
     Fish and Wildlife for a prototype machine to mark hatchery 
     reared salmon completes the Federal funding for this project.
       10. The strategic plan required by the House for dealing 
     with over-populations of snow geese and Canada geese should 
     consider lethal means, including hunting, as possible 
     solutions.
       11. The conference agreement notes the Service's failure to 
     gather the necessary information to delist the concho water 
     snake. Before distributing the ESA recovery program increase, 
     the Service should provide $300,000 for the activities 
     required to process the delisting of the concho water snake. 
     It is expected the Service will proceed as quickly as 
     possible, with the goal of gathering the necessary 
     information within one year or as soon thereafter as 
     possible.
       12. The House Committee on Appropriations has received 
     several expressions of concern about uncooperative responses 
     from the Carlsbad ecological services office in California. 
     The Service should report to the House and Senate Committees 
     on Appropriations on actions taken to improve communications 
     between that office and State and local agencies and the 
     public. Such actions should not involve increases in 
     operational funding.
       13. The increase provided for the coastal program is not 
     limited to any particular coastal areas. The Senate reference 
     to South Carolina and Texas is not intended to limit 
     increased funding to those areas. The Maine coastal program 
     is also commended.
       14. Within the funds provided for resource management, the 
     Service should set aside $500,000 for the Blackwater NWR, MD 
     nutria eradication program. There is no objection to the use 
     of carryover funds for a portion of this earmark. This 
     program should serve as a prototype for nutria eradication 
     throughout the country. The Service should notify the House 
     and Senate Committees on Appropriations of what funds will be 
     used for this program within 30 days of enactment of this Act 
     and prior to distribution of program increases to the field. 
     Sufficient funds should be included in the fiscal year 2001 
     budget request to complete this important project, the cost 
     of which is being shared by several non-Federal partners.
       15. The conference agreement notes that the Fish and 
     Wildlife Service designated

[[Page H12365]]

     critical habitat for the cactus ferruginous pygmy-owl on July 
     12, 1999, and expresses concern regarding the impact this 
     designation will have on activities in southern Arizona. The 
     Service should devote the necessary resources to respond 
     adequately and efficiently to the needs of the people who are 
     affected by this new rule and to conduct appropriate 
     scientific studies.
       16. In 1997 Congress requested the Northwest Power Planning 
     Council to conduct a review of all Federally funded fish 
     hatcheries in the Columbia River Basin and to make 
     recommendations for a coordinated hatchery policy. Congress 
     also requested the Council to provide the direction necessary 
     to implement such a policy. The Council's report, 
     ``Artificial Production Review, Report and Recommendations 
     of the Northwest Power Planning Council,'' identifies 
     several immediate actions to begin implementation of its 
     recommendations. The Service should cooperate with the 
     Council, the National Marine Fisheries Service, State fish 
     and wildlife agencies, and the Columbia Basin Indian 
     tribes to begin implementing the report's recommendations. 
     The Service should begin identifying the amount needed for 
     these reforms and to request initial funds in its FY 2001 
     budget.
       17. The $100,000 provided in the ESA consultation account 
     for the Broughton Ranch should be provided as a grant to the 
     Washington Agriculture and Forestry Education Foundation for 
     a demonstration project on the Broughton Ranch in Walla 
     Walla, Washington. This project should serve as a template 
     for how small private landowners can establish habitat 
     conservation plans in cooperation with Federal agencies.
       18. To conserve and restore Pacific salmon, the conference 
     agreement includes $3,857,000 in the recovery program for a 
     competitively awarded matching grant program in Washington 
     State. The funds should be provided in an advance payment of 
     the entire amount on October 1, or as soon as practicable 
     thereafter, to the National Fish and Wildlife Foundation, a 
     Congressionally chartered, non-profit organization with a 
     substantial record of leveraging Federal funds with non-
     Federal funds, coordinating private and public partnerships, 
     managing peer reviewed challenge grant programs, and tracking 
     the expenditure of funds. The funds will be available for 
     award to community-based organizations in Washington State 
     for on-the-ground projects that may include conservation and 
     restoration of in-stream habitat, riparian zones, upland 
     areas, wetlands, and fish passage projects. Within the amount 
     provided, $451,000 is for the River CPR Puget Sound Drain 
     Guard Campaign. The Foundation should work with the affected 
     local community in the Methow Valley in Okanogan County, 
     Washington, on salmon enhancement projects. The Foundation 
     should give priority in awarding funds to cooperative 
     projects in rural communities throughout the State.
       19. The funding for Washington State hatchery improvement 
     activities is to support this new program as follows: The 
     $3,600,000 provided for hatchery reform in Washington State 
     should be deposited with the Washington State Interagency 
     Council for Outdoor Recreation. The director of the 
     Interagency Council for Outdoor Recreation shall ensure these 
     funds are expended as specified in the report of May 7, 1999, 
     titled ``The Reform of Salmon and Steelhead Hatcheries in 
     Puget Sound and Coastal Washington to Recover Natural Stocks 
     While Providing Fisheries'', and at the direction of the 
     Hatchery Scientific Review Group (as discussed below).
       Funds should be used for the improvement of hatcheries in 
     the Puget Sound area and other coastal communities as 
     follows: (1) $300,000 for activities associated with the 
     Hatchery Scientific Review Group which will work with 
     agencies to produce guidelines and recommended actions and 
     ensure that the goals of hatchery reform are carried out, 
     identify scientific needs, and make recommendations on 
     further experimentation; (2) $800,000 for agencies and tribes 
     to establish a team of scientists to generate and maintain 
     data bases, analyze existing data, determine and undertake 
     needed experiments, purchase scientific equipment, develop 
     technical support infrastructures, initiate changes to the 
     hatcheries based on their findings and establish a science-
     based decision making process; (3) $1,400,000 to improve 
     hatchery management practices to augment fisheries, protect 
     genetic resources, avoid negative ecological interactions 
     between wild and hatchery fish, promote recovery of naturally 
     spawning populations, and employ new rearing protocols to 
     improve survival and operational efficiencies; (4) $900,000 
     to conduct scientific research evaluating hatchery management 
     operations; and (5) $200,000 to Long Live the Kings to 
     facilitate co-managers' design and implementation of Puget 
     Sound hatchery reform.
       A leading group of scientists representing Federal, State, 
     and tribal agencies has been meeting for the past year to 
     discuss the role of fish hatcheries in the Pacific Northwest. 
     The listing of over 10 salmon species in the Columbia River 
     over the past decade and the most recent the listing of 3 
     salmon species in other parts of the State have led many in 
     the Northwest to question and challenge the role of fish 
     hatcheries in the recovery of the listed wild salmon stocks.
       Hatcheries can play a positive role in salmon management 
     and the recovery of wild salmon stocks. Scientists are 
     testing ways hatcheries can be retrofitted and managed to 
     provide hatchery stocks to maintain a vibrant fishery in the 
     Pacific Northwest without significantly impacting precious 
     wild stocks.
       The efforts of the advisory team that has established a 
     framework designed to guide an effort to reform more than 100 
     State, tribal, Federal, and private hatcheries in Puget Sound 
     and the Washington coast are commended. Many watersheds on 
     the west coast of Washington have multiple hatcheries run by 
     different agencies and tribes. Hatchery operations must be 
     coordinated within logical geographical management units. 
     There must be a coordinated effort among all levels of 
     government to obtain the positive results expected by 
     hatchery management reform. The framework outlined by the 
     advisory committee should be implemented at hatcheries in 
     Puget Sound and the west coast of Washington.
       There is to be established a Hatchery Scientific Review 
     Group which will serve as an independent panel. It should be 
     comprised of five independent scientists selected by the 
     advisory team from a pool of nine candidates nominated by the 
     American Fisheries Society and four agency representatives; 
     one each designated by the Washington Department of Fish and 
     Wildlife, the Northwest Indian Fisheries Commission, the 
     National Marine Fisheries Service and the U.S. Fish and 
     Wildlife Service. Each of these designees should have 
     technical skills in relevant fields such as fish biology or 
     fish genetics. All appointments should be made no later than 
     30 days after enactment of this Act. The members of the group 
     may be compensated for time and travel through this 
     appropriation. The chair of the Hatchery Scientific Review 
     Group should be one of the independent scientists chosen from 
     the American Fisheries Society nominations and should be 
     selected by the group itself. Hereafter, when an independent 
     scientist on the group steps down, a replacement should be 
     selected by the group from a list of three nominees provided 
     by the American Fisheries Society.
       The Hatchery Scientific Review Group should report to 
     Congress by June 1, 2000, on progress made and work remaining 
     in reforming Puget Sound hatcheries. Long Live the Kings 
     should report to Congress by June 1, 2000, on its progress.


                              Construction

       The conference agreement provides $54,583,000 for 
     construction instead of $43,933,000 as proposed by the House 
     and $40,434,000 as proposed by the Senate. Funds are to be 
     distributed as follows:

------------------------------------------------------------------------
              Project                    Description          Amount
------------------------------------------------------------------------
6 National Fish Hatcheries in New   Water treatment           $1,803,000
 England.                            improvements.
Alaska Maritime NWR, AK...........  Headquarters/visitor       7,900,000
                                     center.
Alchesay/Williams Creek NFH, AZ...  Environmental                373,000
                                     pollution control.
Bear River NWR, UT................  Dikes/water control          450,000
                                     structures.
Bear River NWR, UT................  Education/visitor          1,500,000
                                     center.
Brazoria NWR, TX..................  Replace Walker               277,000
                                     Bridge.
Canaan Valley NWR, WV.............  Repair office/               150,000
                                     visitor center.
Chase Lake NWR, ND................  Construct vehicle            625,000
                                     shop.
Chincoteague NWR, VA..............  Headquarters/visitor       1,000,000
                                     center.
Cross Creeks NWR, TN..............  5 bridges/water            1,500,000
                                     control structures.
Dexter NFH, NM....................  Irrigation wells....         524,000
Genoa NFH, WI.....................  Water supply system.       1,717,000
Hagerman NFH, ID..................  Replace main               1,000,000
                                     hatchery building.
Hatchie NWR,TN....................  Log Landing Slough           284,000
                                     Bridge.
Hatchie NWR,TN....................  Loop Road/Bear Creek         367,000
                                     Bridge.
Havasu NWR, AZ....................  Replace/rehabilitate         409,000
                                     3 bridges.
J.N. Ding Darling NWR, FL.........  Construction of              750,000
                                     exhibits.
Lake Thibadeau NWR, MT............  Lake Thibadeau               250,000
                                     diversion dam.
Little White Salmon NFH, WA.......  Replace upper              3,990,000
                                     raceways.
Mattamuskeet NWR, NC..............  Structural columns           600,000
                                     in Lodge.
Mattamuskeet NWR, NC..............  Refuge sewage system         400,000
McKinney Lake NFH, NC.............  Dam safety                   600,000
                                     construction.
Natchitoches NFH, LA..............  Aeration &                   750,000
                                     electrical system.
National Eagle & Wildlife           Eagle processing             176,000
 Repository, CO.                     laboratory.
National Eagle & Wildlife           Storage units.......          65,000
 Repository, CO.
Necedah NWR, WI...................  Rynearson dam.......       3,440,000
Neosho NFH, MO....................  Rehabilitate                 450,000
                                     deficient pond.
NFW Forensics Laboratory, OR......  Forensics laboratory         500,000
                                     expansion.

[[Page H12366]]

 
Parker River NWR, MA..............  Headquarters complex       2,130,000
Salt Plains NWR, OK...............  Wilson's Pond Bridge          74,000
San Bernard NWR, TX...............  Woods Road Bridge...          75,000
Seney NWR, MI.....................  Replace water              1,450,000
                                     control structure.
Sevilleta NWR, NM.................  Replace office/              927,000
                                     visitor building.
Silvio O. Conte NWR, VT...........  Education center....       1,500,000
Smith Island NWR, MD..............  Restoration.........         450,000
St. Marks NWR, FL.................  Otter Lake public            200,000
                                     use facilities.
St. Vincent NWR, FL...............  Repair/Replace               556,000
                                     support facilities.
Tern Island, NWR, HI..............  Rehabilitate seawall       1,800,000
Tishomingo NFH, OK................  Pennington Creek              44,000
                                     Footbridge.
Tishomingo NWR, OK................  Replace/rehabilitate          54,000
                                     2 bridges.
Upper Mississippi River NWR, IA...  Construction &             1,200,000
                                     exhibits.
White River NFH, VT...............  Replace roof/modify          600,000
                                     structures.
White Sulphur Springs NFH, WV.....  Fingerling tanks and          95,000
                                     raceways.
Wichita Mountains WR, OK..........  Road rehabilitation.       1,564,000
Wichita Mountains WR, OK..........  Replace/rehabilitate       1,537,000
                                     23 bridges.
                                                         ---------------
      Subtotal....................  ....................      46,106,000
Servicewide bridge safety           ....................         495,000
 inspections.
Servicewide dam safety inspections  ....................         545,000
Construction management...........  ....................       7,437,000
                                                         ---------------
      Total.......................  ....................      54,583,000
------------------------------------------------------------------------

       Bill Language.--The conference agreement includes bill 
     language proposed by the Senate authorizing a single 
     procurement for construction of the headquarters and visitors 
     center at the Alaska Maritime NWR.
       The conference agreement provides for the following:
       1. The funding provided for construction of the 
     headquarters and visitors center at Alaska Maritime NWR 
     completes the Federal funding for this project by the Fish 
     and Wildlife Service.
       2. The funding for the education center at the Silvio O. 
     Conte NWR, VT is provided with the understanding that the 
     Federal commitment will not exceed $2,900,000 and that the 
     cost share will be substantially more than 50 percent.
       3. Funding for the Tern Island seawall is provided with the 
     understanding that the total cost of the project will not 
     exceed $12,000,000 and that project initiation will be 
     delayed until appropriated funding is sufficient to provide 
     for uninterrupted construction. Such an approach will avoid 
     costly shut down and start up costs associated with piecemeal 
     construction in this remote location. Although the Fish and 
     Wildlife Service's efforts to obtain logistical support from 
     the Navy have been, so far, unsuccessful, the Service is 
     encouraged to continue to pursue such support.
       4. Funding provided for the Upper Mississippi River 
     Discovery Center, IA represents the full Federal funding by 
     the Fish and Wildlife Service. Within the $1,200,000 
     provided, $300,000 is for construction and installation of 
     exhibits detailing the mission of the Fish and Wildlife 
     Service and interpreting the Upper Mississippi River NWR, IA.
       5. The $615,000 decrease to the House recommended level for 
     construction management eliminates the proposed increase for 
     seismic compliance. Seismic compliance should be incorporated 
     into overall priorities.
       6. The conference agreement notes with concern that the 
     Service has allowed the floodgates on and around Mattamuskeet 
     NWR, North Carolina, to deteriorate substantially over the 
     past 15 years, thus permitting saltwater intrusion onto 
     surrounding farmlands of Hyde County, North Carolina. This 
     situation has been exacerbated by the recent flooding in 
     eastern North Carolina due to hurricanes, including Hurricane 
     Floyd. While the Service has legitimate concerns with respect 
     to water salinity and quality on the refuge, the Service 
     should cooperate with other water users and landowners to 
     ensure that their interests are adequately protected.


                            Land Acquisition

       The conference agreement provides $50,513,000 in new land 
     acquisition funds and a reprogramming of $8,000,000 in prior 
     year funds instead of $42,000,000 as proposed by the House 
     and $56,444,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        State and project                                        Amount
SC--ACE Basin NWR..............................................$500,000
LA--Atchafalaya River (LA Black Bear).........................1,000,000
TX--Attwater Prairie Chicken NWR..............................1,000,000
VA--Back Bay NWR..............................................1,000,000
TX--Balcones Canyonlands NWR..................................1,500,000
LA--Black Bayou NWR...........................................3,000,000
MD--Blackwater NWR..............................................500,000
NE--Boyer Chute NWR...........................................1,000,000
AZ--Buenos Aires NWR (Leslie Canyon)..........................1,500,000
WV--Canaan Valley NWR...........................................500,000
KY--Clarks River NWR............................................500,000
IL--Cypress Creek NWR...........................................750,000
CA--Don Edwards SF Bay NWR....................................1,678,000
NJ--E.B. Forsythe NWR...........................................800,000
AL--Grand Bay NWR.............................................1,000,000
MA--Great Meadows NWR...........................................500,000
NJ--Great Swamp NWR.............................................500,000
FL--J.N. Ding Darling NWR.....................................4,000,000
NH--Lake Umbagog NWR..........................................2,750,000
TX--Lower Rio Grande NWR......................................2,000,000
ME--Moosehorn NWR.............................................1,000,000
IA--Neal Smith NWR..............................................500,000
WA--Nisqually NWR (Black River).................................850,000
ND--North Dakota Prairie NWR....................................500,000
MN/IA--Northern Tallgrass Prairie Project.......................500,000
HI--Oahu Forest (proposed NWR)................................1,000,000
WV--Ohio River Islands NWR......................................400,000
OR--Oregon Coast NWR Complex....................................500,000
IN--Patoka River NWR............................................500,000
FL--Pelican Island NWR........................................2,000,000
ME--Petit Manan NWR.............................................250,000
ME--Rachel Carson NWR...........................................750,000
VA--Rappahannock River Valley NWR.............................1,100,000
MT--Red Rock NWR (Centennial Valley)..........................1,000,000
RI--Rhode Island Refuge Complex.................................500,000
CA--San Diego NWR.............................................3,100,000
MI--Shiawassee NWR..............................................835,000
CT--Stewart McKinney NWR (Calves Island)......................2,000,000
CT--Stewart McKinney NWR (Great Meadow).........................500,000
TX--Trinity River NWR...........................................500,000
SC--Waccamaw NWR..............................................1,500,000
NJ--Wallkill NWR................................................750,000
MT--Western Montana Project...................................1,000,000
  Reprogram FY99 Funds (Palmyra).............................-8,000,000
                                                       ________________
                                                       
    Subtotal.................................................39,513,000
Emergencies/hardships.........................................1,000,000
Inholdings......................................................750,000
Exchanges.......................................................750,000
Acquisition management........................................8,500,000
                                                       ________________
                                                       
    Total....................................................50,513,000

       The $8,000,000 allocated in fiscal year 1999 for the 
     acquisition of Palmyra Atoll has been reprogrammed because 
     the non-Federal matching funds essential to purchase the 
     property are not available at this time. The House and Senate 
     Committees on Appropriations recognize the unique biological 
     value of this tropical habitat and will consider providing 
     funding in the future should the non-Federal share be 
     secured.
       In addition to the funds provided in this account for the 
     Rhode Island Refuge Complex, there is $2,000,000 provided in 
     Title VI.
       The House and Senate Committee on Appropriations have 
     conducted a preliminary review of the Federal land management 
     agencies' definition of acquisition management costs. These 
     initial findings indicate that the U.S. Fish and Wildlife 
     Service is out of sync with the other agencies and the 
     Committees are concerned about several issues, including the 
     fact that only 65 percent of the acquisition management staff 
     of the Service is accounted for in its acquisition management 
     account, and that other costs are being assessed against the 
     individual projects such as 10 percent third party costs. The 
     other agencies do not consider such costs. The Department 
     should prepare a complete analysis of land acquisition 
     costs, which includes the Forest Service program, and 
     report to the Committees no later than March 15, 2000, 
     with recommendations for standardizing the situation.


            Cooperative Endangered Species Conservation Fund

       The conference agreement provides $23,000,000 for the 
     cooperative endangered species conservation fund instead of 
     $15,000,000 as proposed by the House and $21,480,000 as 
     proposed by the Senate. The increase above the House is for 
     habitat conservation planning land acquisition. Bill language 
     is included, as proposed by the Senate, to ensure that these 
     funds are derived from the cooperative endangered species 
     conservation fund.


                     National Wildlife Refuge Fund

       The conference agreement provides $10,779,000 for the 
     national wildlife refuge fund as proposed by the House 
     instead of $10,000,000 as proposed by the Senate.

[[Page H12367]]

               North American Wetlands Conservation Fund

       The conference agreement provides $15,000,000 for the North 
     American wetlands conservation fund as proposed by both the 
     House and the Senate.


              Wildlife Conservation and Appreciation Fund

       The conference agreement provides $800,000 for the wildlife 
     conservation and appreciation fund as proposed by both the 
     House and the Senate.


                Multinational Species Conservation Fund

       The conference agreement provides $2,400,000 for the 
     multinational species conservation fund as proposed by the 
     Senate instead of $2,000,000 as proposed by the House.


              Commercial Salmon Fishery Capacity Reduction

       The conference agreement provides $5,000,000 for the 
     Federal share of a salmon fishery capacity reduction program. 
     The funds should be given as a grant to the State of 
     Washington Department of Fish and Wildlife and will be used 
     to reimburse commercial fishermen for forfeiting their 
     commercial fishing licenses for Fraser River Sockeye. The 
     program will support the implementation of the 1999 Pacific 
     Salmon Treaty Agreement between the United States and Canada.

                         National Park Service


                 Operation of the National Park System

       The conference agreement provides $1,365,059,000 for 
     operation of the National park system instead of 
     $1,387,307,000 as proposed by the House and $1,355,176,000 as 
     proposed by the Senate. The agreement provides $255,399,000 
     for Resources Stewardship instead of $265,114,000 as proposed 
     by the House and $247,905,000 as proposed by the Senate. 
     Changes to the House level include decreases of $6,915,000 
     for special need parks, $500,000 to natural resources 
     preservation, $500,000 to native and exotic species, $500,000 
     to inventory and monitoring, $500,000 to cultural resources 
     preservation, elimination of $500,000 for the new resource 
     protection act initiative, and a $300,000 decrease for 
     collections management. Despite these reductions from the 
     House position, the conference agreement still provides 
     significant funding for the new science data initiative, as 
     well as increases above the budget request for special need 
     parks and increases to both cultural resource preservation 
     and collections management above current year funding levels. 
     The amount provided does not include funds specifically for 
     the Civil War initiative as proposed by the Senate.
       The conference agreement provides $318,970,000 for Visitor 
     Services instead of $320,558,000 as proposed by the House and 
     $317,806,000 as proposed by the Senate. Changes to the House 
     level include a $3,908,000 decrease to special need parks and 
     an increase of $2,320,000 for anti-terrorism base costs.
       The conference agreement provides $432,923,000 for 
     Maintenance instead of $442,881,000 as proposed by the House 
     and $432,081,000 as proposed by the Senate. Changes to the 
     House level include decreases of $4,458,000 to special need 
     parks, $3,000,000 for cyclic maintenance and $2,500,000 for 
     repair and rehabilitation. Therefore, the conference 
     agreement provides a $1,000,000 increase for cyclic 
     maintenance and a $2,500,000 increase for repair and 
     rehabilitation above the current year funding levels.
       The conference agreement provides $248,482,000 for park 
     support instead of $248,895,000 as proposed by the House and 
     $248,099,000 as proposed by the Senate. Changes to the 
     House level include an increase of $137,000 for special 
     need parks, a decrease of $250,000 for partners for parks, 
     a decrease of $500,000 for the challenge cost share 
     program and an increase of $200,000 for cooperative 
     agreements on the Lamprey Wild and Scenic River.
       The conference agreement provides $109,285,000 for external 
     administrative costs as proposed by the Senate instead of 
     $109,859,000 as proposed by the House. Changes to the House 
     level include a decrease of $800,000 for GSA space and an 
     increase of $226,000 for electronic acquisition system.
       The success of the bear management program at Yosemite 
     National Park is noted and is encouraged the Park Service to 
     continue this worthwhile effort.
       The conference agreement does not provide an earmark for 
     the Kawerak Eskimo Heritage Program within the funds provided 
     for Beringia as proposed by the Senate.
       The beneficial uses at the Lake Roosevelt National 
     Recreation Area include historical and traditional 
     agriculture, grazing, recreation and cultural uses pursuant 
     to a permit issued by the Service. Pursuant to the Lake 
     Roosevelt National Recreation Area's new general management 
     plan, existing and past historical use, and community 
     moorage/public access facilities permitted by the Service at 
     the Area may remain permitted under Service authority until 
     it is determined by the Service that the permitted facility 
     or activity is in conflict with a new or expanded concession 
     facility. At such time the Service may choose to terminate 
     that specific permit.
       The Civil War battlefields throughout the country hold 
     great significance and provide vital historic educational 
     opportunities for millions of Americans. There is concern, 
     however, about the isolated existence of these Civil War 
     battle sites in that they are often not placed in the proper 
     historical context.
       The Service does an outstanding job of documenting and 
     describing the particular battle at any given site, but in 
     the public displays and multi-media presentations, it does 
     not always do a similarly good job of documenting and 
     describing the historical social, economic, legal, cultural 
     and political forces and events that originally led to the 
     larger war which eventually manifested themselves in specific 
     battles. In particular, the Civil War battlefields are often 
     weak or missing vital information about the role that the 
     institution of slavery played in causing the American Civil 
     War.
       The Secretary of the Interior is directed to encourage the 
     National Park Service managers of Civil War battle sites to 
     recognize and include in all of their public displays and 
     multi-media educational presentations the unique role that 
     the institution of slavery played in causing the Civil War 
     and its role, if any, at the individual battle sites. The 
     Secretary is further directed to prepare a report by January 
     15, 2000, on the status of the educational information 
     currently included at Civil War sites that are consistent 
     with and reflect this concern.
       The conference agreement expresses concern over the unsafe 
     conditions at the intersection of Routes 29 and 234 in 
     Manassas National Battlefield, in Prince William County, 
     Virginia which remain hazardous to local residents and 
     visitors traveling through the intersection. The safety 
     concerns at Routes 29 and 234 have been a long-standing 
     problem for the local communities. The National Park Service 
     and the Virginia Department of Transportation are strongly 
     encouraged to finalize plans to allow for construction to 
     begin by March, 2000.
       The conference agreement has not provided funding as 
     proposed in the budget request for full implementation of a 
     new maintenance management system. The Service is approved to 
     pursue a pilot demonstration program for a new facility 
     management system, and understand that base funds will be 
     applied toward this effort during fiscal year 2000. The 
     Service is expected to provide an update on the results of 
     the pilot program before proceeding with service-wide 
     implementation.
       The House and Senate Committees on Appropriations continue 
     to monitor closely the Recreational Fee Demonstration program 
     authorized in fiscal year 1996, particularly the National 
     Park Service portion because of the size of that particular 
     program. It is the Appropriations Committees' understanding 
     that the Assistant Secretary for Policy, Management and 
     Budget and the Assistant Secretary for Fish and Wildlife and 
     Parks have both agreed upon a procedure for the National Park 
     Service to follow in obtaining review and approval of 
     expenditures of Recreational Fee Demonstration funds. All 80 
     percent projects for which the estimated total cost is 
     $500,000 or greater are reviewed by the NPS Development 
     Advisory Board and require approval by the Director and both 
     Assistant Secretaries, and are then submitted to the House 
     and Senate Committees on Appropriations for approval prior to 
     the obligation of funds for the project. For 80 percent 
     projects for which the estimated total cost is $100,000 or 
     less, projects are reviewed against established program 
     criteria and are approved by the respective NPS Regional 
     Directors. All 80 percent projects over $100,000 but less 
     than $500,000 require approval by the NPS Director and the 
     Assistant Secretary for Fish and Wildlife and Parks, unless 
     the project is replacement in kind or routine maintenance 
     that protects prior investments, for which approval authority 
     remains with the Regional Director. All 20 percent projects 
     require approval by the NPS Director and both Assistant 
     Secretaries, and those over $500,000 are submitted to the 
     Committees for approval. Listings of all projects, regardless 
     of dollar amounts, are to be provided quarterly to the House 
     and Senate Committees on Appropriations. Once the lists have 
     been provided to the Committees for approval, any subsequent 
     changes to these lists must also be forwarded to the 
     Appropriations Committees for approval.
       The Committees are aware of proposals to address needs in 
     parks through the pursuit of non-Federal sponsors. The 
     Committees have been, and continue to be, supportive of 
     partnerships that further the Service's mission. The need for 
     a certain degree of flexibility in order to respond to 
     private philanthropic opportunities is understood. However, 
     the conference agreement reiterates that partnerships should 
     be linked to the accomplishment of service-wide goals and not 
     pursued strictly for enhancing park infrastructure.
       Partnership arrangements, including those where no Federal 
     funds are involved, are not to be viewed as a way to bypass 
     compliance with or adherence to existing policies, 
     procedures, and approval requirements. Partnerships that 
     benefit NPS sites or programs must have active involvement by 
     NPS managers, and should be subject to the same review and 
     approval requirements as projects funded with NPS funds. 
     Review by the Development Advisory Board is expected for all 
     partnership donation projects with a total cost above 
     $500,000. While some projects may be proposed to be 
     accomplished without any Federal funds, the operation and 
     maintenance requirements are frequently assumed to be the 
     responsibility of the Service, and for this reason full 
     review is expected before commitments are made.
       Within the amounts provided, not less than $500,000 is for 
     maintenance activities at Isle

[[Page H12368]]

     Royale National Park to address infrastructure and visitor 
     facility deterioration.
       The National Park Service is directed to prepare a General 
     Management Plan for the Lower East Side Tenement National 
     Historic Site by November 2000 pursuant to section 104(c) of 
     Public Law 105-378.
       South Florida.--The conference agreement retains bill 
     language in the land acquisition and state assistance 
     account, as proposed by the House, that makes the $10,000,000 
     grant to the State of Florida in the land acquisition account 
     and the $35,000,000 in Title VI subject to a fifty percent 
     match of newly appropriated non-Federal funds. The State may 
     not use funds for land acquisition which were previously 
     provided in another fiscal year as the match. These funds are 
     also subject to an agreement that the lands to be acquired 
     will be managed in perpetuity for the restoration of the 
     Everglades and other natural areas.
       The conference agreement includes modified bill language in 
     the land acquisition account which makes the release of the 
     $10,000,000 State grant funds subject to the Administration 
     submitting legislative language that will ensure a guaranteed 
     water supply to Everglades National Park and the remaining 
     natural system areas located in the Everglades watershed, 
     including but not limited to Big Cypress National Preserve, 
     Biscayne National Park, Loxahatchee National Wildlife Refuge 
     and Water Conservation Areas 2 and 3, as well as Biscayne 
     Bay. While there has been recent testimony by the other 
     partners, including the Army Corps of Engineers and the 
     Florida Water Management District, assuring the Congress that 
     there will be adequate water supply to the natural areas, the 
     water supply must include high-quality water and not merely 
     storm water runoff.
       It would be useful to have a complete estimate of the total 
     costs to restore the South Florida ecosystem. The House and 
     Senate Committees on Appropriations believe that this new 
     estimate will exceed the $7,800,000,000 estimate that has 
     been used over the last five years. This recalculated 
     estimate should include all three goals of this initiative, 
     namely, (1) getting the water right, (2) restoring and 
     enhancing the natural habitat, and (3) transforming the built 
     environment. The Congress and the American people are 
     committed to this project. Over $1,300,000,000 has been 
     appropriated to date; however, and the public deserves to 
     know how much this project will truly cost. This information 
     should be submitted to the House and Senate Committees on 
     Appropriations no later than February 1, 2000, and should be 
     updated biennially.
       The Secretary of the Interior, in his capacity as Chair of 
     the South Florida Restoration Task Force, is directed to 
     develop a region-wide strategic plan as recommended by the 
     General Accounting Office. The plan should coordinate and 
     integrate Federal and non-Federal activities necessary to 
     achieve the three ecosystem restoration goals. The Secretary 
     is directed to submit a progress report to the House and 
     Senate Committees on Appropriations in February, 2000, and 
     the final strategic plan no later than July 31, 2000. This 
     plan should be updated every two years.
       The timely resolution of disputes regarding South Florida 
     ecosystem restoration is important to avoid cost overruns and 
     unnecessary delays in attaining the goals and benefits of the 
     initiative. The Secretary of the Interior is directed to 
     develop recommendations for resolving the most difficult 
     conflicts and submit recommendations to the House and Senate 
     Committees on Appropriations by February 15, 2000. These 
     recommendations should be developed in consultation with the 
     other major partners in this effort.
       The Committees, through previous appropriations, have 
     supported the preparation of a new General Management Plan 
     for Gettysburg NMP to enable the NPS to interpret more 
     adequately the Battle of Gettysburg and to preserve the 
     artifacts and landscapes that help to tell the story of this 
     great conflict of the Civil War. Accordingly, the conference 
     agreement acknowledges the need for a new visitors facility 
     and supports the proposed public-private partnership as a 
     unique approach to the interpretive needs of our National 
     Parks.


                  national recreation and preservation

       The conference agreement provides $53,899,000 for National 
     recreation and preservation instead of $49,449,000 as 
     proposed by the House and $51,451,000 as proposed by the 
     Senate. The agreement provides $533,000 for Recreation 
     programs, the same as the House and Senate. The agreement 
     provides $10,090,000 for Natural programs as proposed by the 
     House instead of $10,555,000 as proposed by the Senate. This 
     includes a $500,000 general program increase and a $285,000 
     increase for hydropower relicensing. While the conference 
     agreement has not earmarked the River and Trails Conservation 
     Assistance program, consideration should be given to the 
     following projects: Mt. Independence NHL trail work, the Back 
     to the River initiative, NE, and the Harlan County coal 
     heritage project, KY. This is a technical assistance program, 
     and therefore it is not meant to provide for annual operating 
     expenses or technical assistance beyond two years.
       The conference agreement provides $19,614,000 for Cultural 
     programs instead of $19,364,000 as proposed by the House and 
     $19,914,000 as proposed by the Senate. The change to the 
     House level is an increase of $250,000 for a Revolutionary 
     War/War of 1812 Study. The conference agreement does not 
     provide the increase of $300,000 as proposed by the Senate 
     for a pilot demonstration project to provide technical 
     preservation and development assistance to non-Federal 
     National Historic Landmarks. However, in providing funds for 
     this core program, it is expected that the National Park 
     Service will provide technical assistance to non-Federal 
     National Historic Landmarks. This is the core mission of the 
     National Historic Landmarks program: to identify and help 
     protect significant historic properties possessing 
     exceptional value such as the Weston State Hospital in West 
     Virginia.
       The conference agreement provides $1,699,000 for 
     International park affairs as proposed by the House and 
     Senate, $373,000 for environmental and compliance review as 
     proposed by the House and Senate and $1,819,000 for Grant 
     administration as proposed by the House and Senate.
       The conference agreement provides $6,886,000 for the 
     heritage partnership program as proposed by the House instead 
     of $5,886,000 as proposed by the Senate. The conference 
     agreement provides the following disbursements of funds: 
     $1,000,000 each for the Ohio and Erie Canal National Heritage 
     Corridor, the Essex National Heritage Area and the Rivers of 
     Steel National Heritage Area, $800,000 each for the Hudson 
     Valley National Heritage Area and the South Carolina National 
     Heritage Corridor and the balance of $1,400,000 for the other 
     four areas. The conference agreement provides $886,000 for 
     technical assistance, of which not more than $150,000 may be 
     provided for the Service's overhead expenses and the balance 
     of which should be made available to the heritage areas for 
     technical assistance agreed to by both the Alliance of 
     National Heritage Areas and the National Park Service.
       The conference agreement provides $10,885,000 for Statutory 
     or Contractual Aid instead of $4,685,000 as proposed by the 
     House and $9,172,000 as proposed by the Senate. Funds are to 
     be distributed as follows:

Alaska Native Cultural Center..................................$750,000
Aleutian World War II National Historic Area....................800,000
Automobile Heritage Area........................................300,000
John H. Chafee Blackstone River Valley National Heritage Corridor 
  Commission....................................................450,000
Brown Foundation................................................102,000
Chesapeake Bay Gateways.........................................600,000
Dayton Aviation Heritage Commission..............................48,000
Delaware and Lehigh Navigation Canal............................450,000
Ice Age National Scientific Reserve.............................806,000
Illinois and Michigan Canal National Heritage Corridor Commissio242,000
Johnstown Area Heritage Association..............................50,000
Lackawanna Heritage.............................................450,000
Mandan On-a-Slant Village.......................................400,000
Martin Luther King, Jr. Center..................................534,000
National Constitution Center....................................500,000
National First Ladies Library...................................300,000
Native Hawaiian culture and arts program........................750,000
New Orleans Jazz Commission......................................67,000
Oklahoma City Memorial..........................................866,000
Quinebaug-Shetucket National Heritage Preservation Commission...250,000
Roosevelt Campobello International Park Commission..............670,000
Sewall-Belmont House............................................500,000
Vancouver National Historic Reserve.............................400,000
Wheeling National Heritage Area.................................600,000

       The conference agreement provides $600,000 for a new 
     Chesapeake Bay Gateways and Water Trails network and grants 
     assistance program pursuant to Public Law 105-312. Of this 
     amount, up to $200,000 is provided for completing a 
     Chesapeake Bay Watershed-wide framework for implementing this 
     law. It is expected that this framework and the criteria and 
     procedures for the proposed assistance program will be 
     completed by the Service and approved by the House and Senate 
     Committees on Appropriations prior to providing any specific 
     grants and technical assistance to states, communities or 
     other groups. The remaining $400,000 will be available for 
     competitive grants to meet the goals of the framework. A 
     report is to be provided to the House and Senate Committees 
     on Appropriations by April 1, 2000, on the framework goals 
     and grants criteria and an annual end-of-year report, that 
     details how the grants and technical assistance were 
     allocated, the specific results of those individual grants 
     and technical assistance and specifically how those projects 
     relate to the framework and goals of the program.
       The conference agreement provides on a one-time only basis, 
     $866,000 for the operation of the Oklahoma City Memorial, OK. 
     It is noted that there was an unexpected delay in the 
     construction of the memorial museum, which is the planned 
     revenue source for the memorial.
       The conference agreement provides $2,000,000 for the Urban 
     Parks and Recreation Recovery program instead of $4,000,000 
     as provided by the House and $1,500,000 as provided by the 
     Senate.
       The conference agreement includes language in the bill 
     providing authority for the retention of fees for historic 
     preservation tax certifications. Similar language was 
     proposed by both the House and Senate.


                       Historic Preservation Fund

       The conference agreement provides $75,212,000 for the 
     Historic preservation fund

[[Page H12369]]

     instead of $46,712,000 as proposed by the House and 
     $42,412,000 as proposed by the Senate. Changes to the House 
     level include decreases of $500,000 for the State Historic 
     Preservation Offices and $1,000,000 for Historically Black 
     Colleges and Universities. The amounts provided for each 
     program are increases above the fiscal year 1999 levels.
       The conference agreement also includes $30,000,000 for the 
     second and last year of the Millennium Program. These grants 
     are subject to a fifty percent cost share and no single 
     project may receive more than one grant from this program. 
     The funds are to be distributed as follows:

        Project                                                  Amount
Admiral Theatre (WA)...........................................$400,000
African American Heritage Center (KY).........................1,000,000
Aurora Civil War Memorial (IL)..................................300,000
Benjamin Franklin National Memorial (PA)........................300,000
Intrepid Sea Air Space Museum (NY)............................2,500,000
Mari Sandoz Cultural Center (NE)................................450,000
Mark Twain House (CT).........................................2,000,000
McKinley Monument (OH)..........................................100,000
Mission San Juan Capistrano (CA)................................320,000
Montpelier (VA)...............................................1,000,000
Mukai Farm and Garden (WA)......................................150,000
Nathaniel Orr Pioneer Home Site (WA)............................250,000
National First Ladies Library--City National Bank Building (OH2,500,000
National Home for Disabled Volunteer Soldiers (OH)..............130,000
River Heritage Museum (KY)......................................300,000
Saturn V Rocket, U.S. Space and Rocket Center (AL)..............700,000
Sewell Building, Dimock Center (MA).............................300,000
Sitka Pioneer Home (AK).........................................150,000
St. Nicholas Cathedral (FL).....................................150,000
Tacoma Art Museum (WA)..........................................600,000
Tannehill/Brierfield Ironworks Restoration Project (AL).........250,000
Thaddeus Stevens Hall at Gettysburg College (PA)................300,000
Unalaska Aerology Building (AK).................................100,000
Weston State Hospital (WV)......................................750,000

       Additional project recommendations for funding shall be 
     subject to formal approval of the House and Senate 
     Appropriations Committees prior to any distribution of funds.

                              Construction

       The conference agreement provides $225,493,000 for 
     construction instead of $169,856,000 as proposed by the House 
     and $223,153,000 as proposed by the Senate. The funds are to 
     be distributed as follows:

        Project                                                  Amount
Apostle Islands NL, WI.........................................$500,000
Assateague Island NS, MD/VA.....................................973,000
Badlands NP, SD...............................................1,572,000
Big Cypress N. Pres., FL......................................4,965,000
Black Archives (FL A&M), FL...................................2,800,000
John H. Chafee Blackstone River Valley NHC, MA/RI.............1,000,000
Boston NHP, MA................................................1,049,000
Brown v. Board of Education NHS, KS...........................4,300,000
Castle Clinton NM, NY...........................................460,000
Chickasaw NRA, OK.............................................1,275,000
Colonial NHP, VA................................................714,000
Crater Lake NP, OR............................................1,733,000
Cumberland Island NS, GA......................................1,400,000
Cuyahoga Valley NRA, OH.......................................3,850,000
Dayton Aviation NHP, OH.........................................242,000
Death Valley NP, CA...........................................6,335,000
Delaware Water Gap NRA, NJ......................................500,000
Delaware Lehigh Heritage, PA....................................500,000
Denali NP&P, AK...............................................3,200,000
Edison NHS, NJ................................................3,032,000
Everglades NP (water delivery), FL...........................12,000,000
Everglades NP (water treatment), FL...........................1,288,000
Florissant Fossil Beds NM, CO.................................1,131,000
Fort Stanwix NM, NY...........................................1,100,000
Fort Sumter NM, SC............................................8,250,000
Gateway NRA, NJ...............................................1,593,000
George Washington Memorial Parkway, MD........................1,800,000
George Washington Memorial Parkway, VA..........................500,000
Gettysburg NMP, PA............................................1,100,000
Glacier Bay NP&P, AK..........................................2,300,000
Golden Gate NRA, CA...........................................1,075,000
Grand Canyon NP, AZ.............................................779,000
Harpers Ferry NHP, WV...........................................800,000
Hispanic Cultural Center, NM..................................3,000,000
Historic Preservation Training Ctr., MD.........................568,000
Home of FDR NHS, NY...........................................1,400,000
Hot Springs NP, AR............................................1,000,000
Hovenweep NM, UT..............................................1,000,000
Ice Age NST, WI.................................................125,000
Indiana Dunes NL, IN............................................500,000
Kaloko-Honokohau NHP, HI......................................1,169,000
Lake Mead NRA, AZ.............................................3,839,000
Lewis & Clark Bicentennial......................................500,000
Lincoln Home NHS, IL............................................600,000
Lincoln Library, IL...........................................3,000,000
Missouri River NRA..............................................200,000
Mount Rushmore NM, SD.........................................4,568,000
Natchez Trace Parkway, MS.......................................500,000
National Capital Region (FDR Memorial), DC....................3,000,000
National Constitution Center, PA.............................10,000,000
National Underground R.R. Freedom Center, OH..................1,000,000
New Bedford Whaling NHP, MA.....................................800,000
New Jersey Coastal Heritage Trail, NJ...........................100,000
New River Gorge NR, WV..........................................675,000
Olympic NP, WA...............................................12,000,000
Padre Island NS, TX.............................................823,000
Perry's Victory & IPM, OH.......................................200,000
Salem Maritime NHS, MA..........................................704,000
Sequoia & Kings Canyon NP, CA.................................5,621,000
Shiloh NMP, TN (shore erosion)................................1,500,000
Shiloh NMP, MS (Corinth visitor center).........................700,000
Sitka NHP, AK.................................................3,645,000
Southwest Penn. Heritage, PA..................................3,000,000
Statue of Liberty & Ellis Island, NY/NJ.......................1,000,000
Timucuan Reserve, FL............................................550,000
Tonto NM, AZ....................................................703,000
Vancouver NHR, WA...............................................817,000
Wheeling National Heritage Area, WV...........................3,000,000
Wilson's Creek NB, MO...........................................500,000
Yellowstone NP, WY............................................5,715,000
Yosemite NP, CA...............................................1,850,000
Zion NP, UT...................................................1,800,000
                                                       ________________
                                                       
   Subtotal, line-item projects.............................155,788,000
Emerg/unscheduled housing.....................................3,500,000
Dam safety....................................................1,440,000
Equipment replacement........................................18,000,000
General management plans......................................9,225,000
Construction planning........................................15,940,000
Pre-planning & supplementary..................................4,500,000
Construction program management..............................17,100,000
                                                       ________________
                                                       
 Total......................................................225,493,000

       The conference agreement provides $15,940,000 for planning, 
     which includes the budget request of $10,195,000, as well as 
     adjustments between the planning and line-item activities. 
     The increases are provided for the following projects:

Chickasaw NRA..................................................$286,000
Cuyahoga Valley NRA.............................................150,000
Dayton Aviation Heritage NHP....................................186,000
Delaware Water Gap NRA...........................................64,000
Denali NP&P (front country).....................................450,000
Fort Stanwix NM.................................................250,000
Great Smoky Mountains NP........................................450,000
Lincoln Home NHS (Morse House)...................................92,000
Mammoth Cave NP (water system)..................................221,000
Mojave National Preserve........................................731,000
Mount Rainier NP:
  Paradise Visitor Center.....................................1,400,000
  Guide House...................................................170,000
National Constitution Center.....................................30,000
Shiloh NMP (erosion control)....................................360,000
Shiloh NMP (Corinth visitor center).............................300,000
Timucuan Reserve (boat docks)....................................55,000
Washita Battlefield NHS.........................................250,000
Vancouver NHR...................................................100,000
Yosemite NP.....................................................200,000

       Bill Language.--The conference agreement does not include 
     bill language as proposed by the House permitting Ellis 
     Island to retain 100 percent of franchise fees subject to a 
     requirement that these revenues be matched with non-Federal 
     funds in fiscal year 2001.
       The conference agreement earmarks $885,000 for realignment 
     of the Denali National Park and Preserve entrance road 
     instead of $1,100,000 as proposed by the Senate.
       The conference agreement provides authority for the use of 
     $3,000,000 for the FDR Memorial instead of $3,500,000 as 
     proposed by the Senate. The Service is directed to modify the 
     scope of the project to accomplish the same goal of providing 
     an appropriate space for the privately funded new sculpture. 
     The National Park Service should work closely with the 
     National Organization on Disability on the plans for 
     installing a statue at the FDR Memorial in Washington, D.C.
       There are no earmarked funds for planning and development 
     of interpretive sites at Saint Croix Island NHS as proposed 
     in the Senate bill. Funds for this purpose should be derived 
     from available planning funds.
       The conference agreement provides $500,000, subject to 
     authorization, for studies on the preservation of certain 
     Civil War battlefields along the Vicksburg Campaign Trail 
     instead of $1,000,000 as proposed by the Senate.
       The conference agreement provides $3,000,000 for the 
     Wheeling National Heritage Area construction instead of 
     $5,000,000 as proposed by the Senate.
       Language is included that provides one-year authorization 
     of funding for the Lincoln Library and the Southwest 
     Pennsylvania Heritage Area.

[[Page H12370]]

       Language in Title I, General Provisions provides the 
     National Park Service with authority to obligate certain fees 
     for transportation services at Zion National Park in advance 
     of the receipt of such fees.
       The conference agreement provides $4,300,000 for the Brown 
     v. Board of Education NHS in Kansas. These funds are to 
     complete the rehabilitation of the building and for exhibit 
     planning. The amount provided is based on a revised estimate 
     of obligations in fiscal year 2000.
       Funds are provided for rehabilitation of sewer systems at 
     Glacier National Park. The National Park Service has 
     determined that the existing system cannot be upgraded 
     sufficiently to meet state standards, and that therefore a 
     replacement system likely will be required. Due to the 
     additional time required to redesign the project, 
     construction funds for this project cannot be obligated in 
     fiscal year 2000.
       The conference agreement provides $2,300,000 for Glacier 
     Bay National Park and Preserve in Alaska. It is intended that 
     $1,400,000 be expended on the clean-up of contaminated soils 
     at the site of the proposed visitor center. Another $400,000 
     is provided for the Secretary to enter into a memorandum of 
     understanding with the park concessionaire to design a 
     visitor center that will be co-managed and co-operated by the 
     Service and the concessionaire. Design costs are to be shared 
     equally between the Service and the concessionaire except 
     that the concessionaire may use in-kind services, cash, or a 
     combination of both, as its share. The facility is expected 
     to be at least 6,500 square feet and reserve an appropriate 
     amount of space for non-exclusive use by the Hoonah Indian 
     Association. In 1998, Congress approved the Glacier Bay 
     National Park Boundary Adjustment Act of 1998 (P.L. 105-317), 
     the purpose of which was to establish a process that could 
     lead to the construction of a hydroelectric facility to 
     provide power to Gustavus, Alaska. The hydroelectric project 
     should be built and connected to the Park to protect the 
     environment and to be more consistent with the purposes of 
     the Park than the Park's use of diesel generators for power. 
     Accordingly, $500,000 is expected to be made available as a 
     grant to Gustavus Electric Company to pay for studies 
     required by the Act.
       The conference agreement provides a total of $3,650,000 for 
     Denali National Park and Preserve in Alaska. These funds are 
     intended for the following projects: $2,015,000 for site 
     work, $885,000 for road realignment, $175,000 for the South 
     Denali/CIRI plan, $125,000 for wildlife inventories and 
     $450,000 for planning for Phase I. The conference agreement 
     directs funding of $175,000 for the further development of 
     plans to site National Park Service visitor services in 
     facilities on Native lands near Talkeetna, Alaska.
       The conference agreement does not earmark planning funds 
     specifically for Kenai Fjords National Park. To the extent 
     funds previously appropriated for this project are not 
     sufficient to continue planning through fiscal year 2000, the 
     Service should seek to provide any necessary funds from 
     available planning funds.
       The conference agreement provides $500,000 for the G.W. 
     Memorial Parkway in Virginia. Of this total, $400,000 is 
     available for a temporary alternative route at the Humpback 
     Bridge, and $100,000 is to conduct and complete a study to 
     extend the Mt. Vernon multi-use trail north to I-495 in 
     Virginia.
       The conference agreement includes $1,000,000 for the 
     National Underground Railroad Freedom Center in Cincinnati 
     subject to a non-Federal match and the enactment of 
     authorization.
       While the conference agreement has provided $3,000,000 in 
     funds for a new Lincoln Library in Springfield, Illinois, 
     $3,000,000 for Southwest Pennsylvania Heritage and $3,000,000 
     for construction at the Wheeling National Heritage Area in 
     West Virginia in fiscal year 2000, any future funding for 
     these projects will be contingent on enacted authorization.
       The conference agreement provides a total of $500,000 for 
     the research library administrative annex at Wilson's Creek 
     National Battlefield Visitor Center in Missouri. This 
     completes the federal share of this project.
       The conference agreement provides an appropriation of 
     $675,000 for the New River Gorge National River, West 
     Virginia, for various construction projects. The agreement 
     notes that $500,000 in unobligated prior year funds are 
     available to the New River Gorge for construction and that 
     these funds are intended to be added to the $675,000 in new 
     appropriations (for a total of $1,175,000) to carry out the 
     highest priority construction needs of the New River Gorge 
     National River for fiscal year 2000 as identified in Senate 
     Report 106-99.
       The conference agreement has not provided funds for 
     unscheduled housing because the unobligated balance in this 
     account exceeds $22,000,000. The Committees have not agreed 
     to release these funds until the Park Service agrees on a 
     consistent new housing policy and standard construction 
     designs that will be used for all trailer replacement units. 
     The Service was supposed to present a complete package to the 
     Committees on Appropriations in September 1999. As of 
     November 5, 1999, no such proposal had been forwarded. The 
     Service is strongly encouraged to submit the information to 
     the Committees on Appropriations for approval so that these 
     funds can be released.
       The conference agreement provides $12,000,000 for the 
     Olympic National Park Elwha dam removal project. Within the 
     funds provided, the National Park Service is directed to use 
     up to $5,500,000 to plan and design water supply mitigation 
     measures for the City of Port Angeles. The National Park 
     Service shall report final recommendations to the House and 
     Senate Appropriations Committees no later than September 30, 
     2000. The Park Service shall also reimburse the City for 
     current and future sunk costs reasonably incurred in studying 
     and preparing water supply mitigation options associated with 
     removing the Elwha dams up to $500,000. The Park Service is 
     urged to enter into a memorandum of understanding with the 
     City of Port Angeles and other regional stakeholders setting 
     forth the federal government's specific obligation with 
     regard to the design, construction, operation, and 
     maintenance of the domestic and industrial water mitigation 
     measures as required by the Elwha River Ecosystem and 
     Fisheries Restoration Act of 1992. The MOU should also define 
     the specific roles of relevant federal agencies, the City of 
     Port Angeles, and/or other regional stakeholders in the 
     development and operation of the necessary water mitigation 
     measures. The City of Port Angeles is encouraged to pursue an 
     appropriate share of the costs related to upgrading its water 
     system from the Environmental Protection Agency. An 
     additional $10,000,000 is included for this project in Title 
     VI.
       The National Park Service is urged to acquire title to the 
     Elwha and Glines Canyon Dams by February 29, 2000, subject to 
     agreement between the owners and the National Park Service on 
     the details of the transfer. Pending completion of planning, 
     design, and engineering work for removal of the dams, the 
     Secretary may cease power production if he determines that 
     such production is not cost effective.
       The Service is directed to prepare special resource studies 
     on the following areas: Anderson Cottage, Washington, 
     District of Columbia; Bioluminescent Bay, Puerto Rico; Civil 
     Rights Sites, multi-state; Crossroads of the American 
     Revolution, Central New Jersey; Fort Hunter Liggett, 
     California; Fort King, Florida; Gaviota Coast Seashore, 
     California; Kate Mullany House, New York; Loess Hills, 
     Iowa; Low Country Gullah Culture, multi-state; Nan Madol, 
     State of Ponape, Federated States of Micronesia; Walden 
     Pond and Woods, Massachusetts; World War II Sites, 
     Commonwealth of the Northern Marianas; and World War II 
     Sites, Republic of Palau. Bill language is included in 
     Section 326 authorizing these studies.


                    land and water conservation fund

                              (rescission)

       The conference agreement rescinds the contract authority 
     provided for fiscal year 2000 by 16 U.S.C. 460l-10a as 
     proposed by both the House and the Senate.


                 Land Acquisition and State Assistance

       The conference agreement provides $120,700,000 for land 
     acquisition including stateside grants instead of 
     $132,000,000 as proposed by the House and $107,725,000 as 
     proposed by the Senate. Funds should be distributed as 
     follows:

        State and Project                                        Amount
MD--Antietam NB..............................................$2,000,000
WI--Apostle Islands NL..........................................250,000
FL--Big Cypress N Pres.......................................11,300,000
FL--Biscayne NP.................................................600,000
MA--Boston Harbor Islands NRA.................................2,000,000
PA--Brandywine Battlefield......................................500,000
MA--Cape Cod NS.................................................500,000
MD--Chesapeake and Ohio Canal NHP...............................800,000
OH--Cuyahoga Valley NRA.......................................1,000,000
WA--Ebey's Landing NH Res.....................................1,000,000
FL--Everglades NP............................................20,000,000
VA--Fredericksburg and Spotsylvania NMP.......................2,000,000
WV--Gauley River NRA............................................750,000
PA--Gettysburg NMP............................................1,600,000
FL--Grant to State of FL.....................................10,000,000
HI--Haleakala NP..............................................1,500,000
HI--Hawaii Volcanoes NP.......................................1,500,000
WI--Ice Age National Scenic Trail.............................2,000,000
IN--Indiana Dunes NL..........................................1,200,000
MI--Keweenaw NHP..............................................1,700,000
VA--Manassas NB.................................................400,000
CA--Mojave NP&P (Catellus property)...........................5,000,000
MD--Monocacy NB.................................................500,000
WV--New River Gorge NR..........................................250,000
WI--North Country NST...........................................500,000
PA--Paoli Battlefield.........................................1,250,000
NM--Pecos NHP.................................................1,800,000
NM--Petroglyph NP.............................................3,000,000
AZ--Saguaro NP................................................2,800,000
CA--Santa Monica NRA..........................................2,000,000
TN--Stones River NB...........................................1,500,000
VI--Virgin Islands NP (St. John's)............................1,000,000
GU--War in the Pacific NHP......................................500,000
CT--Weir Farm NHS.............................................2,000,000
                                                       ________________
                                                       
    Subtotal.................................................84,700,000
Emergencies/hardships.........................................3,000,000
Inholdings and Exchanges......................................2,000,000
Acq. Management..............................................10,000,000
Stateside Land Acquisition Grants............................20,000,000
State Grants Administration...................................1,000,000
                                                       ________________
                                                       
    Total...................................................120,700,000

       The conference agreement provides $2,000,000 to purchase an 
     easement on Thompson Island as part of the Boston Harbor 
     Islands National Recreation Area in Massachusetts. The 
     release of these funds is contingent upon a non-federal match 
     to acquire the balance of the easement on the property.

[[Page H12371]]

       The conference agreement provides $5,000,000 to the 
     National Park Service (NPS) and $5,000,000 to the Bureau of 
     Land Management (BLM) for land acquisition within the 
     California desert. This funding is based on the understanding 
     that the Wildlands Conservancy will acquire 8,000 additional 
     acres, in consultation with the NPS and BLM, from willing 
     sellers and small private inholdings within Joshua Tree 
     National Park and the Mojave National Preserve during the 
     next year. An additional $5,000,000 is provided in Title VI 
     for this land acquisition.
       No additional funds will be provided for Catellus land 
     acquisition in future years unless and until the Department 
     of the Interior and Department of Defense completely resolve 
     remaining issues relating to desert tortoise mitigation and 
     land acquisition and expansion at the National Training 
     Center for the Army at Fort Irwin in California.
       Furthermore, the House and Senate Committees on 
     Appropriations will consider an additional $15,000,000 for 
     California desert land acquisition up to a total of 
     $30,000,000. Future funding decisions will be based upon 
     resolution by the two departments of the issues concerning 
     desert tortoise mitigation and land acquisition and expansion 
     at the National Training Center for the Army at Fort Irwin.
       The conference agreement provides $2,000,000 for land 
     purchases at the Fredericksburg-Spotsylvania National 
     Military Park in Virginia. Nearly $2,000,000 in previously 
     appropriated funds have not been obligated. The Park is 
     strongly urged to obligate fully the funds provided in fiscal 
     years 1999 and 2000. Future funding will not be provided 
     until these funds are expended.
       The conference agreement provides an additional $1,600,000 
     for the Gettysburg National Military Park in Pennsylvania. 
     This amount together with the $4,500,000 in unobligated 
     balances from prior fiscal years will complete the purchase 
     of the Brown Ranch and provide for the acquisition of the 
     Tower, which was appraised at $3,000,000.
       The conference agreement provides the following: Lands 
     shall not be acquired for more than the provided appraised 
     value (as addressed in section 301(3) of Public Law 91-646) 
     except for condemnations and declarations of taking and 
     tracts with an appraised value of $50,000 or less, unless 
     such acquisitions are submitted to the Committees on 
     Appropriations for approval in compliance with established 
     procedures.
       The funds included for Paoli and Brandywine Battlefields 
     are contingent upon authorization and a fifty percent non-
     Federal match.
       The conference agreement provides the full $31,900,000 to 
     complete the land acquisition needs of the Everglades 
     National Park, Biscayne National Park and Big Cypress 
     National Preserve. The agreement provides $10,000,000 for 
     grants to Florida which are subject to a fifty percent match 
     of newly appropriated non-Federal funds. An additional 
     $35,000,000 for these grants are provided in Title VI. The 
     House bill language has been modified to make release of the 
     grant funds to Florida subject to the submission of:
       (1) detailed legislative language to the House and Senate 
     Committees on Appropriations, agreed to by the Secretaries of 
     the Interior and Army and the Governor of Florida, that 
     provides assurances for the guaranteed supply of water to the 
     natural areas in Southern Florida including all National 
     Parks, Preserves, Wildlife Refuges and other natural areas; 
     and
       (2) a complete prioritized list of non-Federal land 
     acquisitions. All State grant funds are contingent on new 
     matching non-Federal funds and are subject to an agreement 
     that the lands to be acquired will be managed in perpetuity 
     for the restoration of the Everglades.
       The conference agreement also provides the additional 
     $1,000,000 requested in the budget for acquisition management 
     costs in Southern Florida but this amount is incorporated in 
     the total acquisition management account. There was no need 
     to provide a separate line for this purpose.
       The conference agreement provides $20,000,000 for Grants to 
     States; an additional $20,000,000 is provided for this 
     purpose in Title VI.
       Bill language allows the State of Wisconsin to receive 
     grants for the purchase of lands for the Ice Age National 
     Scenic Trail and North Country National Scenic Trail.

                    United States Geological Survey


                 surveys, investigations, and research

       The conference agreement provides $823,833,000 for surveys, 
     investigations, and research instead of $820,444,000 as 
     proposed by the House and $813,093,000 as proposed by the 
     Senate.
       Increases above the House include $250,000 for the Hawaiian 
     volcano program, $2,000,000 for minerals at risk, $500,000 
     for the Great Lakes mapping coalition project, $998,000 for 
     watershed modeling, $100,000 for the endocrine disrupter 
     study in the Las Vegas Wash, $500,000 for a monitoring well 
     in Hawaii, $200,000 for a hydrologic study of Noyes Slough, 
     $140,000 for the Southern Maryland ground water study, 
     $180,000 for a Yukon River salmon study, $250,000 (for a 
     total of $500,000) for repairs to the Leetown science center, 
     and $500,000 for the Great Lakes boat restoration.
       Decreases below the House include $729,000 for 
     technological efficiencies, $500,000 for the real time 
     hazards program in the water resources division, $500,000 for 
     amphibian research, and $500,000 for the cooperative research 
     units.
       The House and Senate Committees on Appropriations have 
     agreed to approve in part the Survey's proposed budget 
     restructuring by establishing new ``science support'' and 
     ``facilities'' budget line items. This action will improve 
     the Survey's business practices and its relationship with its 
     customers, and represents truth in budgeting. However, the 
     Survey's proposal to establish a new ``integrated science'' 
     budget activity is not agreed to. The House and Senate 
     Committees on Appropriations see the need for and importance 
     of an integrated approach to science, but believe that 
     establishing such a policy is primarily a management issue 
     and not a function of the structure of the budget. The 
     Director is encouraged to employ the appropriate management, 
     operational, fiscal, and programmatic means at the Director's 
     disposal in order to achieve the goal of establishing an 
     integrated science approach where appropriate.
       Because of the severe budget constraints imposed on the 
     appropriations process, no additional funds for new programs 
     that were proposed in this year's budget were provided for. 
     Therefore, no funds were provided for the community 
     information partnership initiative or for the disaster 
     information network.
       The Survey should give priority consideration to the 
     installation of water gages on the Alabama, Coosa, 
     Tallapoosa, Apalachicola, Chattachoochee and Flint Rivers.
       The conference agreement restores $3,500,000 for coastal 
     and marine geology programs. The conference agreement 
     provides that a total of $1,250,000 is designated for 
     continuation of the joint Survey-Sea Grant Consortium South 
     Carolina/Georgia Coastal Erosion Study as outlined in the 
     Phase II Study Plan, of which $250,000 is provided for the 
     South Carolina coastal erosion monitoring program. Further, 
     the Survey should continue its other high priority coastal 
     and marine research programs, such as major studies of the 
     Louisiana barrier islands, wetlands, hypoxia, and Lake 
     Ponchartrain with the remaining available funds.
       The conference agreement provides $1,600,000 for the 
     purchase of seismographic equipment as proposed by the House. 
     It is expected that these funds will be allocated as 
     indicated in the budget estimate.

                      Minerals Management Service


                Royalty and Offshore Minerals Management

       The conference agreement provides $110,682,000 for royalty 
     and offshore minerals management as proposed by the Senate 
     instead of $110,082,000 as proposed by the House.
       The $600,000 increase above the House is for the Center for 
     Marine Resources and the Environmental Technology program.
       Within the funds provided $1,400,000 is earmarked for the 
     Offshore Technology Resource Center at Texas A&M University 
     for high-priority offshore research associated with deepwater 
     development.


                           Oil Spill Research

       The conference agreement provides $6,118,000 for oil spill 
     research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement


                       Regulation and Technology

       The conference agreement provides $95,891,000 for 
     regulation and technology as proposed by the Senate instead 
     of $95,693,000 as proposed by the House. Funding for the 
     activities should follow the Senate recommendation.


                    Abandoned Mine Reclamation Fund

       The conference agreement provides $196,208,000 for the 
     abandoned mine reclamation fund instead of $196,458,000 as 
     proposed by the House and $185,658,000 as proposed by the 
     Senate. The agreement provides $181,019,000 for the 
     environmental restoration activity, an increase of 
     $10,879,000 above the fiscal year 1999 funding level. Funding 
     for the other activities follows the House recommendation. 
     The House and Senate Committees on Appropriations have agreed 
     on the House proposal to designate $300,000 for the western 
     Pennsylvania water quality demonstration project. The 
     conference agreement authorizes up to $8,000,000 for the 
     Appalachian clean streams initiative as proposed by the 
     House. The agreement includes the Senate proposed language 
     allowing all funds from Title IV of the Surface Mining 
     Control and Reclamation Act to be used as non-Federal cost 
     shares.

                        Bureau of Indian Affairs


                      Operation of Indian Programs

       The conference agreement provides $1,670,444,000 for the 
     operation of Indian programs instead of $1,631,050,000 as 
     proposed by the House and $1,633,296,000 as proposed by the 
     Senate.
       Increases above the House include $5,000,000 for the Indian 
     Self Determination Fund, $5,000,000 for other contract 
     support costs, $320,000 for new tribes, $1,000,000 for 
     student transportation, $3,000,000 for facilities operations, 
     $2,000,000 for facilities maintenance, $3,000,000 for 
     tribally controlled community colleges,$1,000,000 for 
     fisheries enhancement, $500,000 for tribal resource 
     management, $5,000,000 for implementation of the National 
     Academy of Public Administration Report 
     recommendations, $3,000,000 for environmental management, 
     $20,000,000 for law enforcement, $250,000 for the 
     Crownpoint Institute of Technology, and $600,000 for post 
     secondary schools.

[[Page H12372]]

       Decreases below the House include $100,000 for Alaska legal 
     services, $108,000 for general program activities, $3,573,000 
     for probate backlog, and $1,495,000 for land records 
     improvement. From within available funds, the Bureau of 
     Indian Affairs is directed to provide $108,000 to the United 
     Sioux Tribes of South Dakota Development Corporation.
       Over the past several years, the House and Senate 
     Committees on Appropriations and the Department of the 
     Interior have been concerned with improving the management of 
     the Bureau of Indian Affairs which has consistently been 
     criticized for organizational shortcomings. During this 
     period, a number of reforms have been put in place which were 
     designed to improve the Bureau's effectiveness and 
     accountability. To the Bureau's credit it has made 
     substantial progress in addressing its management problems. 
     However, to truly address these issues one needs an analysis 
     of the structure of the Bureau, how its management has 
     changed over time due to increased tribal contracting and 
     compacting, and the lack of concurrent shifts in the Bureau's 
     management structure to these changing circumstances. To this 
     end, the House and Senate Committees on Appropriations 
     working with the Department of the Interior commissioned a 
     study of the Bureau by the National Academy of Public 
     Administration (NAPA). The NAPA study was tasked with 
     providing recommendations for improving the quality, 
     efficiency, and cost-effectiveness of the Bureau's 
     operations.
       The House and Senate Committees on Appropriations have 
     received copies of the NAPA report titled, ``A Study of 
     Management and Administration: the Bureau of Indian 
     Affairs''. The report provides some excellent recommendations 
     to improve the administrative activities of the Bureau and 
     managerial control over the Bureau. The most startling 
     finding of the NAPA study was that some of the basic 
     administrative functions that are necessary for effective 
     management, and that exist in other organizations, are absent 
     in the Bureau. This finding led NAPA to conclude that Bureau 
     personnel are hard working dedicated employees who are not 
     provided with the tools to effectively do their jobs. For 
     example, NAPA concluded that, ``there is no existing 
     capability to provide budget, human resources, policy, and 
     other types of assistance to the Assistant Secretary--Indian 
     Affairs and the Bureau.'' Even prior to the NAPA report, the 
     House and Senate Committees on Appropriations were aware that 
     the Office of the Assistant Secretary--Indian Affairs did not 
     have the capability to develop and analyze policy 
     recommendations. Therefore, $250,000 has been provided under 
     central office general administration as part of the fiscal 
     year 2000 budget for the establishment of an office of policy 
     analysis and planning in support of NAPA-related program 
     reform efforts.
       Consequently, the House and Senate Committees on 
     Appropriations have provided $5,000,000 to allow the Bureau 
     to proceed with implementation of the NAPA report. In 
     addition, the Bureau should incorporate the NAPA 
     recommendations as part of the Bureau's fiscal year 2001 
     budget. It is recognized that implementation of the NAPA 
     recommendations may require a reprogramming of funds. The 
     Committees on Appropriations will look favorably on such 
     requests and will try to expedite their approval. Lastly, the 
     conference agreement directs the Bureau and the Department to 
     keep the Committees on Appropriations fully informed as to 
     the progress being made in implementing the NAPA 
     recommendations.
       The conference agreement provides $592,000 for the Gila 
     River Farms project with the understanding that the funding 
     completes this multi-year agriculture project.
       Within the funds provided for the Indian Arts and Crafts 
     Board $290,000 is earmarked for enforcement and compliance 
     activities.
       In recognition of the many pressing needs in public safety 
     and justice and in order to allow the tribes and the Bureau 
     to determine the priorities among those needs, the conference 
     agreement has not earmarked funds for animal welfare and 
     control efforts within the funds provided for law 
     enforcement. However, there is concern about the growing 
     problems related to animal welfare and control on 
     reservations and encourage the Bureau and the tribes to work 
     with the Indian Health Service to determine if funding to 
     address these problems should be included in future budget 
     requests.


                              Construction

       The conference agreement provides $169,884,000 for 
     construction instead of $146,884,000 as proposed by the 
     Senate and $126,023,000 as proposed by the House.
       Changes to the House number include an increase of 
     $45,374,000 for replacement school construction and decreases 
     of $500,000 for employee housing and $1,013,000 from the 
     safety of dams program. The funding increase provided for 
     replacement school construction completes the next three 
     schools on the priority list.
       The House and Senate Committees on Appropriations remain 
     troubled over the growing number of requests to use 
     unobligated prior year school operations funds for 
     replacement or repair of Bureau funded schools. The Congress 
     has increased school operations funding every year for the 
     past five years based on analysis by the Department, the 
     Bureau, and the tribes showing that school operation funds 
     remain well below the per student national average. Based on 
     this analysis the House and Senate Committees on 
     Appropriations are not convinced that any school should have 
     carryover operations funds at the end of the school year. 
     Nevertheless, bill language has been included to allow the 
     Tate Topa Tribal School, the Black Mesa Community School, and 
     the Alamo Navajo School to use prior year operations funds 
     for repair and replacement purposes. However, to ensure that 
     the additional flexibility provided by this language does not 
     create an incentive for schools to divert scarce operations 
     dollars, any future requests require approval by the 
     Secretary of the Interior. In addition, if this authority is 
     used, the Secretary is directed to certify in writing to the 
     House and Senate Committees on Appropriations that this 
     request will not negatively impact the school's academic 
     standards.


 Indian Land and Water Claim Settlements and Miscellaneous Payments to 
                                Indians

       The conference agreement provides $27,256,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians instead of $25,901,000 as proposed by the House 
     and $27,131,000 as proposed by the Senate.
       Increases above the House level include $1,000,000 for 
     Aleutian Pribilof church repairs, $230,000 for the Truckee 
     River, and $125,000 for the Walker River Paiute Tribe.


                 Indian Guaranteed Loan Program Account

       The conference agreement provides $5,008,000 for the Indian 
     guaranteed loan program as proposed by the House instead of 
     $5,004,000 as proposed by the Senate.


                       Administrative Provisions

       The conference agreement includes bill language under the 
     Bureau of Indian Affairs Administrative Provisions as 
     proposed by the Senate that allows the use of prior year 
     school operations funds to be used for replacement or repair 
     of Bureau schools if approved by the Secretary.
       The conference agreement modifies Senate proposed bill 
     language included under the Bureau of Indian Affairs 
     Administrative Provisions which clarifies that Bureau funded 
     schools may share their campus with other schools that do not 
     receive Bureau funding and have expanded grades, provided 
     that any additional costs be provided by non-Federal sources.
       The conference agreement modifies Senate proposed bill 
     language under Title I General Provisions to direct that the 
     allocation of funds to post secondary schools during fiscal 
     year 2000 be determined by the post secondary funding formula 
     adopted by the Office of Indian Education.
       The Senate proposed bill language under General Provisions, 
     Department of the Interior has been modified to allow the 
     Secretary to redistribute Tribal Priority Allocation funds to 
     address unmet needs, dual enrollment, overlapping service 
     areas, or inaccurate distribution methodologies.

                          Departmental Offices


                            insular affairs

                       assistance to territories

       The conference agreement provides $70,171,000 for 
     assistance to territories instead of $62,320,000 as proposed 
     by the House and $67,325,000 as proposed by the Senate. The 
     conference agreement follows the funding levels proposed by 
     the Senate for the activities, except for a decrease of 
     $154,000 from the level proposed by the Senate for the Office 
     of Insular Affairs and an increase of $3,000,000 to the 
     territorial assistance activity for Compact-Impact aid to 
     Guam as authorized by the Compact of Free Association Act 
     (P.L. 99-239). The conference agreement includes funding, as 
     suggested by the Senate, for the Compact renegotiation 
     process. The conference agreement also includes the language 
     proposed by the Senate deferring part of the Covenant 
     mandatory payment to the Commonwealth of the Northern Mariana 
     Islands. The deferred funds are allocated to the Virgin 
     Islands for federal mandates as directed by the Senate 
     report. The Secretary should ensure that representatives of 
     Hawaii are consulted during the upcoming compact 
     renegotiation process so the impact to Hawaii of migrating 
     citizens from the freely associated states is appropriately 
     considered.


                      compact of free association

       The conference agreement provides $20,545,000 for the 
     Compact of Free Association as proposed by both the House and 
     the Senate.

                        Departmental Management


                         salaries and expenses

       The conference agreement provides $62,864,000 for 
     Departmental Management as proposed by the House instead of 
     $62,203,000 as proposed by the Senate. The conference 
     agreement provides for the following distribution of funds:

Departmental direction......................................$11,665,000
Management and coordination..................................22,780,000
Hearings and appeals..........................................8,047,000
Central services.............................................19,527,000
Bureau of Mines workers compensation/unemployment...............845,000

                        Office of the Solicitor


                         salaries and expenses

       The conference agreement provides $40,196,000 for the 
     Office of the Solicitor instead of $36,784,000 as proposed by 
     the House and the Senate. None of the funds may be used to 
     hire new staff other than filling authorized vacancies and 
     replacement of departing staff. The conference agreement 
     provides for the following distribution of funds:


[[Page H12373]]


Legal services..............................................$33,630,000
General administration........................................6,566,000

                      Office of Inspector General


                         salaries and expenses

       The conference agreement provides $26,086,000 for the 
     Office of Inspector General as proposed by the House instead 
     of $26,614,000 as proposed by the Senate. The conference 
     agreement provides for the following distribution of funds:

Audit.......................................................$15,266,000
Investigations................................................4,940,000
Administration................................................5,880,000

             Office of Special Trustee for American Indians


                         federal trust programs

       The conference agreement provides $90,025,000 for Federal 
     trust programs as proposed by the House instead of 
     $73,836,000 as proposed by the Senate.
       Prior to the Department deploying the Trust Asset and 
     Accounting Management System (TAAMS) in any Bureau of Indian 
     Affairs Area Office, with the exception of locations in the 
     Billings area, the Secretary should advise the Committees on 
     Appropriations that, based on the Secretary's review and 
     analysis, such systems meet TAAMS contract requirements and 
     user requirements.
       The conference agreement modifies House proposed bill 
     language under Title I General Provisions to allow the 
     Department to hire individuals other than administrative law 
     judges (ALJ) to hear Indian probate cases, and to allow the 
     Department to secure the services of ALJs from other Federal 
     agencies as a means of reducing the Indian probate backlog.


                    Indian Land Consolidation Pilot

       The conference agreement provides $5,000,000 for the Indian 
     land consolidation pilot as proposed by the House and Senate.
       The conference agreement includes a technical correction to 
     the bill language to allow funds to be transferred to the 
     Bureau of Indian Affairs for the administration of the 
     consolidation pilot.

           Natural Resource Damage Assessment and Restoration


                Natural Resource Damage Assessment Fund

       The conference agreement provides $5,400,000 for the 
     natural resource damage assessment fund as proposed by the 
     House instead of $4,621,000 as proposed by the Senate.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       The conference agreement includes sections 101 through 112 
     and sections 114 and 115 from the Senate bill which continue 
     provisions carried in past years.
       Section 113 contains a technical correction to the Senate 
     language dealing with contract support costs paid by the 
     Department of the Interior on Indian self-determination 
     contracts and self-governance compacts as proposed by the 
     House.
       Section 116 changes the name of the Steel Industry American 
     Heritage Area to the ``Rivers of Steel National Heritage 
     Area'' as proposed by the House. The Senate had no similar 
     provision.
       Section 117 retains the text of section 116 as proposed by 
     the Senate and provides for the protection of lands of the 
     Huron Cemetery for religious and cultural uses and as a 
     burial ground. The House had no similar provision.
       Section 118 retains the text of section 114 as proposed by 
     the House and section 118 as proposed by the Senate which 
     permits the retention of rebates from credit card services 
     for deposit to the Departmental Working Capital Fund.
       Section 119 retains the text of section 115 as proposed by 
     the House and section 119 as proposed by the Senate which 
     permits the transfer of funds between the Bureau of Indian 
     Affairs and the Office of Special Trustee for American 
     Indians for the Trust Management Improvement Project High 
     Level Implementation Plan.
       Section 120 makes permanent the exemption from certain 
     taxes and special assessments for properties at Fort Baker, 
     Golden Gate National Recreation Area. The Senate had provided 
     the exemption for one year.
       Section 121 retains the text of section 117 as proposed by 
     the House and section 121 as proposed by the Senate which 
     permits the retention of proceeds from agreements and leases 
     at Fort Baker, Golden Gate National Recreation Area for 
     preservation, restoration, operation, maintenance, 
     interpretation and related activities.
       The conference agreement does not include language proposed 
     in section 118 of the House bill requiring the renewal of 
     grazing permits in the Lake Roosevelt National Recreation 
     Area. Senate section 124 contained a similar provision and it 
     is not included in the agreement either.
        The House and Senate Committees on Appropriations are 
     deeply concerned with the National Park Service's change in 
     policy regarding historical grazing in the Lake Roosevelt 
     National Recreation Area. The NRA was established on Federal 
     lands acquired or withdrawn for the Grand Coulee Dam project. 
     In 1946 and again in 1990, the Secretary of the Interior 
     designated the NPS as the manager of the Federal lands within 
     the NRA.
       The House and Senate Committees on Appropriations recognize 
     the cultural, custom and historic uses of the Lake Roosevelt 
     National Recreation Area and expect the National Park Service 
     to provide documentation to the Committees no later than July 
     1, 2000, on the history of grazing and all other uses that 
     have existed since 1935 under the terms and provisions of 
     the Columbia Basin Act and since 1946 under the terms and 
     provisions of the Tri-Party Agreement. The report shall 
     include the following: parties affected, acreage affected, 
     description of uses, impacts of such custom and culture on 
     the local economy, an analysis of the circumstances 
     surrounding the National Park Service assumption of 
     management of the area and suggestions for appropriate 
     legislative language.
       Section 122 makes a technical correction to the Omnibus 
     Parks and Public Lands Management Act of 1996 (Public Law 
     104-333, 110 Stat. 4110) relating to a map reference to the 
     Page Landing addition to the Colonial National Historical 
     Park.
       Section 123 modifies language proposed by the House in 
     section 119 and by the Senate in section 117. The 
     modification renews grazing permits based on the same terms 
     and conditions as the expiring permits or until the 
     Department completes processing the existing grazing permit 
     backlog. The Department is directed to develop and implement 
     a schedule to address and alleviate this backlog as soon as 
     possible. To this end the conference agreement has provided 
     an additional $2,500,000 to expedite the grazing permit and 
     lease renewal process. The House and Senate Committees on 
     Appropriations expect these renewals to be completed in a 
     timely manner so there will no longer be a need to continue 
     to address this problem.
       Section 124 modifies House section 120 and allows the 
     Department to hire individuals other than administrative law 
     judges and to secure the services of administrative law 
     judges from other Federal agencies to address the Indian 
     probate backlog. The Senate had no similar provision.
       Section 125 retains the text of section 121 as proposed by 
     the House allowing American Samoa to receive a loan which 
     will be repaid from its proceeds from a settlement agreement 
     with tobacco manufacturers. The Senate had no similar 
     provision. The House and Senate Committees on Appropriations 
     remain very concerned about the fiscal situation in American 
     Samoa. The conference agreement includes the Senate proposal 
     that the Secretary should not release certain funds withheld 
     in fiscal year 1999 until the Secretary certifies that 
     American Samoa implements activities regarding repayment for 
     health care in Hawaii. It is expected that the substantial 
     loan will be used effectively by American Samoa to provide a 
     long-lasting fiscal remedy and economic development. The 
     government is strongly encouraged to use some of these new 
     funds for health care repayments which remain outstanding. 
     The Secretary is directed to craft the final loan agreement 
     so that the principal of $18,600,000, and interest calculated 
     at the Congressional Budget Office's estimate of 5.4 percent, 
     be fully repaid through the assignment of the tobacco lawsuit 
     settlement funds over the next 26 years. At such time as 
     these costs have been fully repaid the Secretary should act 
     promptly to restore the tobacco settlement payments directly 
     to American Samoa. The Secretary and the American Samoa 
     government are also encouraged to work cooperatively to 
     identify and bring economic development to the Territory. In 
     addition, the Secretary is encouraged to consult with other 
     Federal departments and agencies in this effort and make use 
     of the recently established President's Interagency Group on 
     Insular Areas to help achieve this goal.
       The conference agreement does not include language proposed 
     by the Senate in section 122 prohibiting the use of funds for 
     the removal of the Elwha and Glines Canyon dams.
       Section 126 modifies language as proposed by the Senate on 
     a feasibility study for designating Midway Atoll as a 
     National Memorial. The modification directs the Secretary, 
     acting through the Fish and Wildlife Service (and its 
     operating partner, Midway Phoenix Corporation) in 
     coordination with the National Park Service, to pursue 
     designation of Midway Atoll as a National Memorial to the 
     Battle of Midway. It requires no study before establishment 
     of the designation. The House had no similar provision. The 
     Fish and Wildlife Service has an aggressive program underway 
     at Midway relating to historic site protection, restoration 
     and interpretation, and the House and Senate Committees on 
     Appropriations fully support that effort by the Service and 
     its operating partner.
       Section 127 modifies section 125 as proposed by the Senate 
     and provides the Secretary one year to redistribute Tribal 
     Priority Allocation funds to address unmet needs, dual 
     enrollment, overlapping service areas or inaccurate 
     distribution methodologies. The House had no similar 
     provision.
       Section 128 retains the text of section 126 as proposed by 
     the Senate prohibiting the use of funds to transfer land into 
     trust status for the Shoalwater Bay Indian Tribe in Clark 
     County, Washington, until the tribe and county reach 
     agreement on development issues. The House had no similar 
     provision.
       Section 129 modifies section 127 as proposed by the Senate 
     and limits the use of funds to implement Secretarial Order 
     3206 regarding the administration of the Endangered Species 
     Act on Indian tribal lands. The modification permits 
     implementation of the order except for two provisions. The 
     first provision, which may not be implemented, would give 
     preferential treatment to Indian activities at the expense of 
     non-Indian activities in determining conservation 
     restrictions to species listed under the Endangered

[[Page H12374]]

     Species Act. The second would give preferential treatment to 
     tribal lands at the expense of other privately owned lands in 
     designating critical habitat under the Endangered Species 
     Act. The House had no similar provision.
       Section 130 retains the text of section 128 as proposed by 
     the Senate providing authority for the Bureau of Land 
     Management to provide land acquisition grants to two local 
     governments in Alaska. The House had no similar provision.
       The conference agreement does not include section 129 as 
     proposed by the Senate dealing with alternatives for the 
     modification of Weber Dam. The projects listed in the 
     section, however, have been funded and incorporated in the 
     appropriate accounts. The House had no similar provision.
       Section 131 retains the text of section 130 as proposed by 
     the Senate redirecting $1,000,000 from fiscal year 1999 
     appropriated funds for acquisition of the Howard Farm near 
     Metzger Marsh, Ohio. The House had no similar provision.
       The conference agreement does not include language proposed 
     in section 131 of the Senate bill to place a moratorium on 
     the issuance of final procedures for class III Indian gaming. 
     This action is based on assurances from the Secretary that he 
     will not implement final procedures until the Federal courts 
     have ruled on this issue.
       Section 132 modifies the text of section 132 as proposed by 
     the Senate conveying certain lands to Nye County, Nevada. The 
     House had no similar provision. The modification requires the 
     county to pay an appropriate amount for the land.
       Section 133 modifies the text of section 133 as proposed by 
     the Senate conveying certain lands to the City of Mesquite, 
     Nevada. The House had no similar provision. The modification 
     requires the completion of environmental review prior to land 
     conveyance.
       Section 134 clarifies that section 134 as proposed by the 
     Senate expresses the Sense of the Senate regarding exhibits 
     commemorating the quadricentennial of European settlement at 
     St. Croix Island IHS.
       Section 135 retains the text of section 135 as proposed by 
     the Senate prohibiting the Department of the Interior from 
     studying or implementing any plan to drain Lake Powell or 
     reduce water levels below levels required for the operation 
     of Glen Canyon Dam. The House had no similar provision.
       Section 136 modifies section 136 as proposed by the Senate 
     dealing with the prohibition of inspection fees on certain 
     exported hides and skins. The modification specifies that the 
     prohibition on fees does not apply to any person who ships 
     more than 2,500 hides, skins or parts during the course of 
     one year. The House had no similar provision.
       The conference agreement does not include language proposed 
     by the Senate in section 138 prohibiting the implementation 
     of sound thresholds at Grand Canyon National Park until 90 
     days after the National Park Service has provided a report 
     detailing the scientific basis for such thresholds. The House 
     had no similar provision.
       Section 137 directs the Bureau of Indian Affairs to begin 
     implementing the National Academy of Public Administration 
     recommendations for improving the administration of the 
     Bureau of Indian Affairs. In addition, this language directs 
     that certain administrative functions be transferred from 
     central office west to central office east. To facilitate 
     this transfer and reduce any disruption, the House and Senate 
     Committees on Appropriations have provided $5,000,000 and 
     language on employee compensation to alleviate the impact of 
     reductions in force.
       Section 138 modifies language as proposed by the Senate 
     regarding funds appropriated in fiscal year 1998 for land 
     acquisition in Haines Borough, Alaska.
       Section 139 modifies section 142 as proposed by the Senate 
     so that funds appropriated for Bureau of Indian Affairs Post 
     Secondary Schools for fiscal year 2000 shall be allocated by 
     the Post Secondary Funding Formula adopted by the Office of 
     Indian Education Programs. The House had no similar 
     provision.
       Section 140 clarifies section 143 as proposed by the Senate 
     that land and other reimbursement the Secretary may receive 
     in the conveyance of the Twin Cities Research Center must be 
     used for the benefit of the National Wildlife Refuge System 
     in Minnesota and for activities authorized by Public Law 104-
     134. The House had no similar provision.
       Section 141 modifies section 144 as proposed by the Senate 
     regarding oil valuation regulations. This language places a 
     moratorium on the issuance of the Minerals Management Service 
     oil valuation regulations until March 15, 2000.
       Section 142 extends through 2003 the authority of the 
     Thomas Paine National Historical Association to establish a 
     memorial to Thomas Paine in the District of Columbia.
       Section 143 provides new contract authority regarding 
     transportation concessions at Zion NP, Utah.
       Section 144 provides an extension of the deadline for Red 
     Rock Canyon National Conservation Area to allow the Bureau of 
     Land Management sufficient time to process a pending rights-
     of-way application.
       Section 145 increases to 15 percent the amount of funds 
     that may be used by the National Park Foundation to 
     administer the National Park Passport program.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE


                             Forest Service

                     Forest and Rangeland Research

       The conference agreement provides $202,700,000 for forest 
     and rangeland research instead of $204,373,000 as proposed by 
     the House or $187,444,000 as proposed by the Senate. The 
     agreement includes to the Senate proposal to direct $250,000 
     to study hydrological and biological impacts of lead and zinc 
     mining on the Mark Twain National Forest, MO. The bill 
     language concerning prospecting permits and land withdrawals 
     on this national forest has been moved to Title III. The 
     agreement includes a funding decrease of $2,574,000 from 
     lower priority research but it does not include the Senate 
     proposal to reduce non-forest health and productivity 
     research specifically; nor are funds included for 
     uncontrollable fixed cost support as proposed by the House.
       The conference agreement includes the House proposed 
     funding level for the forest inventory and analysis program. 
     This program should focus on cost share opportunities with 
     state partners and give first priority to those states that 
     have demonstrated a commitment to achieving the 20 percent 
     annual plot measurement objective through cash or in-kind 
     contributions.
       The conference agreement includes the funding for the 
     activities at Mount St. Helens proposed by the House. The 
     Pacific Northwest (PNW) research station should collaborate 
     with the National Monument staff and non-Federal scientists 
     to assemble, summarize and archive long-term data sets on 20 
     years of biological responses at Mount St. Helens. The PNW 
     should convene scientists with past or future involvement 
     with ecological studies at Mount St. Helens to synthesize 
     current knowledge and promote future studies.
       The conference agreement provides no funding in the 
     research account for the University of Washington landscape 
     ecology study; rather, funds for this activity have been 
     provided in the State and Private Forestry appropriation to 
     maintain this effort at the fiscal year 1999 level.
       The conference agreement includes the Senate proposal for a 
     funding increase at the Sitka, AK, forest center and includes 
     a $300,000 increase above the fiscal year 1999 level for the 
     Purdue University hardwood center. Funding for the Sitka 
     facility should be included in the fiscal year 2001 budget 
     justification.
       The conference agreement does not include the Senate 
     proposal for the University of Montana research nor the 
     Senate proposed expansion of the CROP program, but it does 
     maintain the CROP program at the fiscal year 1999 level at 
     the Colville National Forest, WA.
       The conference agreement moves $1,000,000 from the national 
     forest system account for the PNW station to fund the 
     demonstration of ecosystem management options (DEMO) program; 
     if additional funds are needed, they should be taken from the 
     national allocation to research. The agreement concurs with 
     the Senate colloquy that projects at West Virginia, Vermont, 
     and the Forest Products lab should be funded at the fiscal 
     year 1999 level as should the Coweeta and Bent Creek projects 
     as proposed by the House. The agreement also provides that 
     funding for the forest science laboratory in Juneau, AK, 
     should be maintained at the fiscal year 1999 level.
       The conference agreement directs that up to $500,000 from 
     the national allocation should be used, in a cost-share 
     effort, to revise and update the Forest Service publication, 
     ``Carbon Changes in U.S. Forests''. The updated publication 
     should include all documentation of assumptions and 
     methodologies used in estimating and projecting carbon 
     sequestration using the forest carbon accounting model 
     (FORCARB). A final draft of the updated publication should be 
     presented to an accredited forestry school for scientific 
     peer review by June 30, 2000, and an updated publication 
     should be completed by September 30, 2000, and submitted to 
     the House and Senate Committees on Appropriations.
       The conference agreement revises instructions regarding 
     services provided by Forest Service scientists in support of 
     National Forest System (NFS) projects. Scientists should be 
     available to support NFS project implementation as an 
     important aspect of their professional public service and 
     technology transfer responsibilities. The Forest Service 
     is also encouraged to increase efforts at extramural 
     research and pursue additional cost-sharing for the full 
     scope of forest and rangeland research.


                       State and Private Forestry

       The conference agreement provides $202,534,000 for State 
     and private forestry instead of $181,464,000 as proposed by 
     the House and $190,793,000 as proposed by the Senate.
       The conference agreement provides $38,825,000 for Federal 
     lands forest health management and $21,850,000 for 
     cooperative lands forest health management. The agreement 
     includes the House proposal on Asian long-horned beetle work 
     in urban areas and the Senate proposal for the Vermont forest 
     cooperative. The agreement fully funds the gypsy moth slow-
     the-spread program. The agreement redirects the Senate 
     proposal for Kenai Peninsula Borough, AK, assistance to the 
     state fire assistance activity. The conference agreement 
     directs the Forest Service to improve the control or 
     eradication of the pine beetles in the Rocky Mountain region 
     of the United States; to conduct a study of the causes and 
     effects of, and solutions for, the infestation of pine 
     beetles in the Rocky

[[Page H12375]]

     Mountain region of the United States; and to submit to the 
     House and Senate Committees on Appropriations a report on the 
     results of the study within six months of enactment of this 
     Act.
       The conference agreement includes $24,760,000 for state 
     fire assistance, including a special allocation of $250,000 
     for the Senate-proposed project for wildfire training and 
     equipment in Kentucky and $2,000,000 for hazardous tree 
     removal resulting from spruce bark beetle infestations in the 
     Kenai Peninsula Borough, AK. The agreement includes the 
     Senate direction concerning a direct lump sum payment to the 
     Kenai Peninsula Borough and other direction concerning this 
     funding. The conference agreement includes $3,250,000 for 
     volunteer fire assistance, an increase of $1,250,000 above 
     the fiscal year 1999 funding level.
       The conference agreement includes $29,430,000 for forest 
     stewardship as proposed by the House. This funding includes 
     the House-proposed funding for the New York City watershed 
     and the NE Pennsylvania community forestry program and the 
     Senate proposed funding for the Chesapeake Bay program. The 
     conference agreement includes $25,000,000 for the forest 
     legacy program of which $1,500,000 is directed for the 
     Jefferson and Randolph, NH, project as proposed by the 
     Senate, $2,000,000 is included for the Nicatous Lake, Phase 2 
     project in Maine and $1,500,000 is for the Panguitch Lake, 
     UT, project. The Forest Service and the States should develop 
     forest legacy selection criteria that emphasize projects 
     which enhance federal lands, federal investments, or past 
     federal assistance efforts. The conference agreement includes 
     $31,300,000 for the urban and community forestry program 
     which includes the House-proposed increase for the NE 
     Pennsylvania forestry program and $500,000 for the Senate-
     proposed Salt Lake City Olympic tree program. The Forest 
     Service is encouraged to work with and help support the 
     Chicago green streets program for urban forestry. The 
     agreement does not include the Senate direction concerning 
     headquarters staffing for the urban and community forestry 
     program, but greater cost savings are encouraged at 
     headquarters and regional office levels. In addition, the 
     Forest Service is directed to commission an independent study 
     or panel to assess the feasibility and potential for enhanced 
     efficiency by block-granting all or portions of the 
     cooperative forestry program. This evaluation should be done 
     in consultation with the state foresters, the Society of 
     American Foresters, and other interested professional or 
     citizens groups.
       The conference agreement includes the following funding for 
     the economic action program and the Pacific Northwest 
     assistance program:

                        Economic Action Program

Economic recovery............................................$4,900,000
Rural development through forestry............................5,425,000
Forest product conservation and recycling.....................2,475,000
Wood in transportation........................................1,205,000
  Program subtotal...........................................14,005,000
Special projects:
  NY City watershed.............................................500,000
  Lake Tahoe erosion control grants...........................1,000,000
  Hood River beach facilities OR................................275,000
  The Dalles riverfront trail OR..............................1,169,000
  Columbia River Gorge county payment...........................280,000
  Hawaii forestry workers training..............................100,000
  Princeton WV hardwood center increase.........................975,000
  Four Corners sustainable forestry initiative increase.........500,000
  Skamania County Drano Lake project WA.........................515,000
  UW landscape ecology (moved from research)....................300,000
  Nordic Ski Center rehab, Chugach NF, AK.......................500,000
                                                       ________________
                                                       
    Projects subtotal.........................................6,114,000
                                                       ================

    Economic Action Program total............................20,119,000
                                                       ================

  Pacific Northwest Assistance program:................................
  Base program................................................6,500,000
  Forks WA training center......................................600,000
  UW and WSU technology transfer extension......................900,000
                                                       ________________
                                                       
    Pacific Northwest Assistance program total................8,000,000

       The conference agreement directs that within the funds 
     provided for the rural development through forestry program 
     $3,000,000 is directed for the Northeast-Midwest area. The 
     agreement includes $500,000 for the Northern Forest Heritage 
     Park, NH, within the available funds for the economic 
     recovery program but the agreement stipulates that this will 
     be the final Forest Service commitment for this effort and 
     that this funding shall come from the allocation otherwise 
     available to the Northeastern area.
       The conference agreement provides an increase of $100,000 
     in addition to the $100,000 for the Hawaii forests and 
     communities initiative within the economic action program as 
     requested by the Administration. The agreement provides an 
     increase of $975,000 for the Princeton, WV, hardwood center 
     in addition to $1,520,000 included in the forest products 
     conservation and recycling activity within the economic 
     action program as requested by the administration. This 
     brings the Princeton hardwood center funding to the FY 1999 
     level. The agreement also provides an increase of $500,000 
     for the Four Corners sustainable forestry initiative which is 
     in addition to $500,000 that the agreement includes within 
     the rural development through forestry activity as requested 
     by the administration; this latter $500,000 should come from 
     the region's allocation. The agreement concurs with the 
     Senate direction on lump sum payments with respect to the 
     Forks, WA, Training Center.
       The conference agreement revises instructions proposed by 
     the House concerning the American Heritage Rivers initiative; 
     the Forest Service may allocate up to $300,000 for this 
     effort. This funding should be used entirely for field 
     activities, and no funds should be transferred to or used to 
     fund personnel, training or other administrative activities 
     at the Council on Environmental Quality or national 
     interdepartmental coordination or training efforts. Bill 
     language is also included in Title III concerning this 
     matter. The agreement does not object to the Forest Service 
     continuing to provide headquarters and regional 
     administrative or technical support for this effort as they 
     would for any program, but no staff at regional, headquarters 
     or departmental levels should be substantially dedicated to 
     this initiative. The Forest Service is encouraged to develop 
     cost-share efforts for this initiative to the maximum extent 
     feasible.


                         National Forest System

       The conference agreement provides $1,269,504,000 for the 
     national forest system instead of $1,254,434,000 as proposed 
     by the House and $1,239,051,000 as proposed by the Senate. 
     Funds should be distributed as follows:

Land management planning....................................$40,000,000
Inventory and monitoring.....................................88,350,000
Recreation management.......................................155,500,000
Wilderness management........................................30,151,000
Heritage resources...........................................13,214,000
Wildlife habitat management..................................32,561,000
Inland fish habitat management...............................23,341,000
Anadromous fish habitat management...........................26,091,000
TE&S species habitat management..............................26,932,000
Grazing management...........................................28,982,000
Rangeland vegetation management..............................29,850,000
Timber sales management.....................................224,500,000
Forestland vegetation management.............................63,340,000
Soil, water and air operations...............................26,932,000
Watershed improvements.......................................36,850,000
Minerals and geology management..............................37,200,000
Real estate management.......................................47,554,000
Land line location...........................................15,468,000
Law enforcement operations...................................67,288,000
General administration......................................250,000,000
Land Between the Lakes NRA....................................5,400,000
                                                       ________________
                                                       
    Total, NFS............................................1,269,504,000

       The conference agreement includes the following 
     congressional priorities: recreation management includes a 
     $500,000 increase for the Monongahela National Forest, WV, as 
     proposed by the Senate; rangeland vegetation management 
     includes $300,000 for noxious weed control on the Okanogan 
     NF, WA, as proposed by the Senate and $400,000 for Region 5 
     grazing monitoring as proposed by the House; timber sales 
     management includes $2,000,000 for the aspen program in 
     Colorado as proposed by the Senate; forestland vegetation 
     management includes $240,000 for pinelands work on the 
     Mark Twain NF, MO, and $500,000 for spruce budworm work on 
     the Gifford Pinchot NF, WA, proposed by the Senate and 
     $300,000 for the CROP project on the Colville NF, WA, and 
     $300,000 for Cradle of Forestry, NC, environmental 
     education as proposed by the House. The agreement provides 
     no funds for the newly proposed forest ecosystem 
     restoration and improvement activity but $2,000,000 is 
     included in the forestland vegetation management activity 
     for work of this nature as well as $1,000,000 for the Blue 
     Ridge project on the Apache-Sitgreaves NF that the Senate 
     had proposed funding within the forest ecosystem 
     restoration and improvement activity. The Forest Service 
     should consider enhancing the ecosystem restoration 
     program, including the use of partnerships, in Region 3. 
     The conference agreement also includes $1,000,000 for the 
     Wayne NF, OH, acid mine drainage work as proposed by the 
     House; $750,000 for Lake Tahoe basin watershed 
     improvements proposed by the Senate; and $750,000 for the 
     Weyerhaeuser-Huckleberry land exchange supplemental 
     environmental impact statement in Washington state as 
     proposed by the Senate.
       The conference agreement modifies bill language proposed by 
     the House to require the display of unobligated balances by 
     extended budget line items in the fiscal year 2001 budget 
     justification.
       The conference agreement provides funding in the timber 
     sales management activity sufficient to maintain the same 
     total timber sale volume as was proposed for fiscal year

[[Page H12376]]

     1999; the total sale volume for fiscal year 2000 should be no 
     less than the volume in fiscal year 1999. The report proposed 
     by the Senate concerning timber growth, inventory and 
     mortality should be submitted to the House and Senate 
     Committees on Appropriations within 180 days of enactment. 
     The drug law enforcement effort in Kentucky funding should be 
     maintained at the 1999 level. The Forest Service should 
     cooperate with the City of Fredonia, AZ, on standards for 
     facilities for the North Kaibab ranger station and consider 
     entering into an agreement with the city to occupy the 
     facilities upon completion.
       The conference agreement revises instructions proposed by 
     the House concerning a detailed report on USDA and Forest 
     Service fiscal, budget and related business activities. The 
     Forest Service and the Department of Agriculture should 
     present a clear exposition in their budget justifications 
     explaining their respective responsibilities and funding 
     concerning fiscal, budget and related business activities. 
     The agreement also requests that the Forest Service provide a 
     report to the House and Senate Committees on Appropriations 
     within 180 days of enactment describing the public affairs 
     and communications programs and outlining objectives, 
     performance measures and expected costs for this effort. The 
     agreement concurs with House recommended language concerning 
     the Knutson-Vandenburg reforestation fund, salvage sale and 
     brush disposal funds except that these funds may be used for 
     national commitments within the Forest Service if the project 
     relates to the fund's administration, management or 
     authorized activity.
       The conference agreement concurs with the House language 
     that directs that no funds be used for the natural resource 
     agenda or conservation education national commitment 
     categories until a detailed, agency-wide spending plan, 
     including funding sources and expected results, is approved 
     by the House and Senate Committees on Appropriations. The 
     agreement directs that no funds be used for the construction 
     of a national museum or visitor center in the Sidney R. Yates 
     building without the review and approval of the House and 
     Senate Committees on Appropriations. The agreement does not 
     request the GSA report requested by the Senate concerning 
     alternative office space for the Washington Office at this 
     time.
       Land Between the Lakes National Recreation Area--The 
     agreement notes that the Energy and Water Development 
     Appropriations Act, 2000, does not include funding for 
     operation of the Land Between the Lakes National Recreation 
     Area, KY and TN. Therefore, the management of this area will 
     be transferred from the Tennessee Valley Authority to the 
     U.S. Forest Service as directed by the Land Between the Lakes 
     Protection Act of 1998 Title V of Sec. 101(e) of Public Law 
     105-277). The Land Between the Lakes (LBL) shall be managed 
     as part of the national forest system for recreation in a 
     manner consistent with the multiple use mandate of the Forest 
     Service and the original 1972 LBL mission statement. The 
     conference agreement also directs an orderly transfer of 
     management from the Tennessee Valley Authority to the Forest 
     Service. The agreement directs that the previously published 
     guidelines for the transfer be followed; these are delineated 
     on pages 1246 and 1247 of House Report 105-825 accompanying 
     P.L. 105-277, the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act for fiscal year 1999. The 
     agreement includes a total of $7,000,000 for the operation of 
     LBL; this includes $5,400,000 in the national forest system 
     appropriation, $1,300,000 in the reconstruction and 
     maintenance appropriation and $300,000 in the wildland fire 
     management appropriation account.
       The Forest Service wilderness management policy should 
     consider the need for mitigating the adverse effect of human 
     impact on vegetation, soil, water and wildlife. The agreement 
     suggests that the policy should consider solitude as one 
     among a number of qualities valuable to a wilderness 
     experience but recognize that the 1964 Wilderness Act does 
     not require solitude on every trail. The Forest Service 
     should not impose a wilderness-wide blanket of determining 
     use by social encounters (solitude).
       The conference agreement recognizes the structural problems 
     of the Long Park Dam in Daggett County, Utah. Recognizing the 
     unique circumstances of the dam, its proximity to the Flaming 
     Gorge National Recreation Area, and its significant 
     contribution to the local economy of Daggett County, Utah, 
     the agreement encourages the Secretary of Agriculture to make 
     repair of the dam a priority within the Department of 
     Agriculture's Natural Resource Conservation Service 
     appropriation. The State of Utah is participating in the 
     project on a 50/50 cost share basis. Should budgetary 
     adjustments be necessary to provide for the federal share, 
     the Secretary should do so in consultation with the House and 
     Senate Committees on Appropriations.


                        Wildland Fire Management

       The conference agreement provides $651,354,000 for wildland 
     fire management instead of $561,354,000 as proposed by the 
     House and $650,980,000 as proposed by the Senate. The 
     conference agreement includes funding for fire operations and 
     preparedness (including Land Between the Lakes NRA) as 
     proposed by the House and contingent emergency funding as 
     proposed by the Senate. The agreement concurs with the Senate 
     direction concerning acquisition of a high band radio system 
     for the Monongahela NF, WV. The agreement calls for about 
     $70,000,000 to be reserved for hazardous fuel operations of 
     which $500,000 is designated for hazardous tree removal on 
     the Chugach National Forest, AK, and $1,500,000 is for 
     implementing the Quincy Library group project as proposed by 
     the Senate. The agreement does not specify any set amount of 
     funding for particularly severe forest health areas as 
     proposed by the House, but the Forest Service should follow 
     other House and Senate instructions concerning this program, 
     including a report within 120 days and full integration of 
     this program with other vegetation, habitat management and 
     watershed improvement programs. The agreement includes 
     bill language proposed by the House which requires the 
     transfer of not less than 50 percent of the unobligated 
     balances remaining at the end of fiscal year 1999 to pay 
     back funds previously advanced from the Knutson-Vandenburg 
     reforestation fund during severe emergencies. This fund is 
     still owed $392,871,000 which was advanced for emergency 
     wildfire fighting during previous years. The 
     administration is again encouraged to make efforts to 
     repay this important environmental restoration and 
     protection fund.


                     Reconstruction and Maintenance

       The conference agreement provides $398,927,000 for 
     reconstruction and maintenance instead of $396,602,000 as 
     proposed by the House and $362,095,000 as proposed by the 
     Senate. The conference agreement provides for the following 
     distribution of funds:

               Facilities Reconstruction and Construction


                                                                 Amount
Research facilities:
  Auburn University research facility AL.....................$4,000,000
  Inst. Pacific Islands Forestry HI.............................400,000
  Admin. request projects.....................................7,510,000
                                                       ________________
                                                       
    Subtotal: Research facilities............................11,910,000
                                                       ================

Fire, admin, other facilities:
  Marienville RS consolidation PA.............................1,140,000
  Black Hills NF fire training facility SD......................800,000
  Wayne NF supervisors office completion OH.....................475,000
  Admin. request projects....................................22,946,000
                                                       ________________
                                                       
    Subtotal: FAO facilities.................................25,361,000
                                                       ================

Recreation facilities:
  Allegheny NF rec facilities PA................................400,000
  Angeles NF toilet and water system rehab CA.................1,200,000
  Badin Lake campground NC......................................400,000
  Boone NF Rockcastle and Noe's Dock boat ramp KY...............425,000
  Chugach NF, Begich Boggs visitor center AK..................1,400,000
  Cradle of Forestry NC.......................................1,078,000
  Franklin County dam MS......................................2,000,000
  Ocoee boater put-in and Thunder Rock campgd TN................600,000
  Sacajewea education center, Salmon ID..........................75,000
  San Bernardino NF Dogwood campground CA.....................1,125,000
  Santa Inez First Crossing recreation area CA..................950,000
  Talladega NF Pinhoti trail bridge AL...........................30,000
  Waldo Lake sanitation OR......................................700,000
  Admin. request projects....................................32,949,000
                                                       ________________
                                                       
    Subtotal: Recreation facilities..........................43,332,000
                                                       ================

    Subtotal facilities reconstruction and construction......80,603,000
                                                       ================


                 Trail Reconstruction and Construction

Continental Divide trail (various)..............................500,000
Florida National Scenic Trail...................................250,000
Taft Tunnel ID..................................................750,000
Winding Stair Mt NRWA OK........................................130,000
Ocoee river trail system TN.....................................300,000
VA Creeper trail repair VA......................................500,000
Admin. request projects......................................12,979,000
Other trail reconstruction base program......................14,173,000
                                                       ________________
                                                       
    Subtotal trails reconstruction and construction..........29,582,000
                                                       ================


                  Road Reconstruction and Construction

Boone NF Tunnel Ridge road KY,................................1,000,000
Increase for timber support...................................2,091,000
Monongahela NF landslide damage WV..............................641,000
Olympic NF Hamma Hamma road WA..................................800,000

[[Page H12377]]

Admin. request projects......................................96,468,000
                                                       ________________
                                                       
    Subtotal road reconstruction and construction...........101,000,000
                                                       ================

  Reconstruction and construction subtotal..................211,185,000
                                                       ================


                              Maintenance

Facilities...................................................54,813,000
Road maintenance and decommissioning........................111,184,000
Trails.......................................................20,445,000
                                                       ________________
                                                       
    Maintenance subtotal....................................186,442,000
                                                       ================

Land Between the Lakes, maintenance, repairs..................1,300,000
    Total reconstruction and maintenance....................398,927,000

       The conference agreement has included bill language as 
     proposed by the Senate that requires the Forest Service to 
     provide an opportunity for public comment on each road 
     decommissioning project. The conference agreement has 
     provided sufficient road reconstruction and construction 
     funding to allow the timber sales program to offer the same 
     level of harvest as in fiscal year 1999. The agreement notes 
     that funds will not be used for the direct construction of 
     new timber access roads; rather, the timber purchasers will 
     provide for the actual construction, although the Forest 
     Service will continue to provide all needed engineering 
     support and project guidance. The agreement does not include 
     the Senate recommendation that road reconstruction decreases 
     should come from the Region 10 funding. The agreement 
     includes $100,000 for Noe's Dock boat ramp and $325,000 for 
     the Rockcastle project on the Daniel Boone NF, KY, and 
     directs that the $300,000 in the budget request originally 
     designated for the Region 9 office move shall be used for the 
     heating, ventilation and air conditioning systems at the 
     Forest Products Lab, WI. The agreement emphasizes that the 
     funding authorization for the Auburn University forestry 
     school construction project requires the University to 
     provide the Forest Service with rent-free use of space for 
     the life of the building for collaborative research.


                            Land Acquisition

       The conference agreement provides $79,575,000 in new land 
     acquisition funds and a reprogramming of $40,000,000 in prior 
     year funds instead of a total of $1,000,000 as proposed by 
     the House and $36,370,000 as proposed by the Senate. Funds 
     should be distributed as follows:

        State and project                                        Amount
CA--Angeles NF (Pacific Crest Trail).........................$1,500,000
CA--Big Sur Ecosystem (Los Padres NF).........................4,000,000
MT--Bitterroot NF (Rye Creek).................................3,500,000
UT--Bonneville Shoreline Trail..................................750,000
WI--Chequamegon-Nicolet NF....................................1,500,000
TN--Cherokee NF (Gulf Tract)..................................3,500,000
AZ--Coconino NF (Bar-T-Bar Ranch).............................5,000,000
AZ--Coconino NF (Sedona)......................................3,500,000
Multi.--Continental Divide Trail................................700,000
KY--Daniel Boone NF...........................................1,500,000
SC--Francis Marion NF.........................................3,000,000
VT--Green Mtn. NF.............................................3,000,000
ID--Hells Canyon NRA............................................600,000
IN--Hoosier NF..................................................750,000
NV/CA--Lake Tahoe Basin.......................................3,000,000
MT--Lindbergh Lake (Flathead NF)..............................3,000,000
MO--Mark Twain NF.............................................1,000,000
WV--Monongahela NF (Elk River)..................................275,000
WA--Mountains To Sound Greenway...............................2,500,000
NC--Nantahala/Pisgah NF (Lake Logan)..........................1,000,000
FL--Osceola NF (N. FL. Wildlife Corridor).....................1,000,000
WA--Pacific NW Streams........................................3,000,000
CA--San Bernardino NF.........................................2,500,000
NM--Santa Fe NF (Jemez R.)....................................1,000,000
ID--Sawtooth NRA..............................................1,000,000
MS--Univ. of Mississippi.....................................12,000,000
OH--Wayne NF..................................................1,000,000
NH--White Mt. NF (Pond of Safety Tract).......................1,500,000
NH--White Mt. NF (Scenic Areas)...............................1,000,000
                                                       ________________
                                                       
    Subtotal.................................................67,575,000
Acquisition Management........................................8,500,000
Cash Equalization.............................................1,500,000
Emergency Acquisitions........................................1,500,000
Wilderness Protection...........................................500,000
                                                       ________________
                                                       
    Total...................................................$79,575,000

       The conference agreement provides $1,000,000 for the 
     Osceola National Forest, FL, to acquire black bear habitat. 
     The agreement makes these funds contingent on an equal match 
     from non-Federal sources. The project need is in excess of 
     $100,000,000. The State of Florida should partner with the 
     Federal government on this and other projects which are under 
     serious development threat. The conference agreement notes 
     that the State's annual land acquisition budget exceeds that 
     of the Federal program; the agreement provides Stateside land 
     and water grants within the National Park Service 
     appropriation for the first time in five years.
       The conference agreement provides $3,000,000 for the 
     Pacific Northwest Streams initiative. Of this amount, 
     $2,000,000 is available for the Bowe Ranch, WA, and 
     $1,000,000 for the Bonanza Queen Mine, WA.
       Senate Report 105-56, which accompanied the Fiscal Year 
     1999 Interior and Related Agencies Act, included a limitation 
     on the purchase price for the acquisition of certain lands in 
     the Columbia River Gorge NSA (CRGNSA), and also required a 
     donation of a 40-acre tract adjacent to the CRGNSA. Both of 
     these directives are hereby rescinded. The Forest Service 
     shall notify the House and Senate Committees on 
     Appropriations before finalizing the acquisition of these 
     properties if the combined value of the acquisition of the 
     Cannard Tract and the adjacent 40-acre parcel totals more 
     than $625,000. The agreement includes $40,000,000 in 
     previously appropriated funds for acquisition of the Baca 
     Ranch subject to a specific authorization. An additional 
     $61,000,000 for the Baca Ranch acquisition is included in 
     Title VI.


         Acquisition of Lands for National Forests Special Acts

       The conference agreement provides $1,069,000 for the 
     acquisition of lands for national forests special acts as 
     proposed by both the House and the Senate.


            Acquisition of Lands to Complete Land Exchanges

       The conference agreement provides an indefinite 
     appropriation estimated to be $210,000 for the acquisition of 
     lands to complete land exchanges as proposed by both the 
     House and the Senate.


                         Range Betterment Fund

       The conference agreement provides an indefinite 
     appropriation estimated to be $3,300,000 for the range 
     betterment fund as proposed by both the House and the Senate.


    Gifts, Donations and Bequests for Forest and Rangeland Research

       The conference agreement provides $92,000 for gifts, 
     donations and bequests for forest and rangeland research as 
     proposed by both the House and the Senate.


               Administrative Provisions, Forest Service

       The conference agreement does not include language proposed 
     by the House concerning Committee approval of organizational 
     restructuring. However, the House and Senate Committees on 
     Appropriations are concerned that the Forest Service is not 
     doing all that is practicable to see that the maximum amount 
     of funding gets to the field where there is so much need for 
     management action and public service. In addition, the House 
     and Senate Committees on Appropriations are concerned that 
     the Forest Service has established new staff units within the 
     Washington Office with very little Congressional 
     consultation. While the agreement concurs that additional 
     resources may be necessary to improve agency accountability, 
     such increases should be strictly limited in order to assure 
     maximum availability of funds for program accomplishment. The 
     agreement directs the Forest Service to consult the House and 
     Senate Committees on Appropriations prior to establishing new 
     units in the Washington Office where such units report to 
     Associate Deputy Chiefs or above and for major 
     reorganizations in the field where there is a significant 
     deviation from the current organizational structure. Such 
     deviation would be significant if the reorganizations involve 
     a net increase in administrative support needs or where 
     groups of employees are geographically relocated.
       The conference agreement does not include language proposed 
     by the House allowing the Secretary to use any available 
     funds during wildland fire emergencies; the conference 
     agreement continues the previous procedures as proposed by 
     the Senate. The agreement includes House language which 
     allows the release of non-wildland fire management funds for 
     wildland emergencies only when all previously appropriated 
     emergency contingent wildland fire funds have been released 
     by the President and apportioned. The House and Senate 
     Committees on Appropriations remain concerned that this 
     Administration has been overly anxious to spend the KV 
     reforestation fund on wildland fire emergencies and not 
     sufficiently interested in paying the KV fund back. This fund 
     provides for vital environmental restoration and protection 
     activities including tree planting, watershed restoration, 
     and wildlife and fish habitat enhancement.
       The conference agreement does not include language proposed 
     by the House preventing the transfer of Forest Service funds 
     to the USDA working capital fund without advance approval 
     from the House and Senate Committees on Appropriations. Clear 
     statements should be included in future budget justifications 
     concerning these and other departmental charges; the Forest 
     Service should not be charged for Department of Agriculture 
     administrative activities which should be funded by the 
     Agriculture appropriations bill. In addition to the display 
     contained in the agency budget justification, the agency 
     should inform the House and Senate Committees on 
     Appropriations immediately if the estimated total amount of 
     funds to be transferred during the fiscal year differs from 
     the agency estimate by more than 10 percent. The conference 
     agreement further instruct the Secretary to provide the House 
     and Senate Committees on Appropriations with a plan no later 
     than March 31, 2000, for reduction of total charges against 
     the agency beginning in fiscal year 2000.

[[Page H12378]]

       The conference agreement includes language proposed by the 
     Senate concerning clearcutting on the Shawnee National 
     Forest, IL; this language was carried in previous bills. The 
     conference agreement includes the Senate proposed funding 
     level for the National Forest Foundation and includes the 
     House proposed language concerning the payment to the 
     National Fish and Wildlife Foundation. The agreement includes 
     bill language proposed by the Senate concerning the 
     definition of overhead and indirect expenses and limiting 
     indirect expenses to 20 percent for certain trust funds and 
     cooperative work funds. The House language is included which 
     allows up to $500,000 to be transferred to the Office of the 
     General Counsel for certain travel and related expenses; the 
     Senate had included similar language. The agreement modifies 
     language proposed by the Senate allowing any funds available 
     to the Forest Service to be used for law enforcement during 
     emergencies; the modified language allows any funds to be 
     used up to a maximum of $500,000 per year. This authority 
     should only be used during real emergencies and every effort 
     should be made to pay back the borrowed funds promptly during 
     subsequent years. The agreement concurs with the House 
     direction regarding the International Forestry program and it 
     includes the Senate provision authorizing use of Forest 
     Service funds to pay a certain employee for part of the cost 
     of his house and possessions which were destroyed by arson 
     because this arson appears to be retaliation for him 
     performing his official job duties.
       The agreement includes bill language directing that 
     $5,000,000 be allocated to the Alaska Region from fiscal year 
     1999 unobligated balances (excluding unobligated balances 
     from the Alaska region) in addition to the $20,600,000 
     appropriated to sell timber in the normal base program for 
     fiscal year 2000. The funds provided from unobligated 
     balances, plus $5,100,000 from the base program, shall be 
     used to prepare and make available timber sales to establish 
     a three year timber supply for operators on the Tongass 
     National Forest. Sales are to be prepared which have a high 
     probability of being sold in order to facilitate a reliable 
     Federal timber supply and transition to value added 
     processing for the forest products industry in Southeast 
     Alaska.
       The conference agreement also includes bill language which 
     appropriates $22,000,000 to the Southeast Alaska economic 
     disaster fund to be distributed over three years to the 
     Ketchikan Gateway Borough, the City of Petersburg, the City 
     and Borough of Sitka and the Metlakatla Indian Community. 
     These funds are to be provided as direct lump sum payments 
     and are to be used to employ unemployed timber workers and 
     for related community redevelopment projects.
       The House and Senate Committees on Appropriations have 
     received the report from the National Academy of Public 
     Administration (NAPA) on the Forest Service financial systems 
     and budget structures. The House and Senate Committees on 
     Appropriations are currently reviewing this important study 
     and have assurances from the Secretary that he and the Forest 
     Service will provide, by October 31, 1999, a report outlining 
     specific steps, with deadlines, that the Forest Service will 
     take to evaluate and implement NAPA recommendations as 
     appropriate. The Academy's findings that the Forest Service 
     has shown a substantial lack of leadership concerning 
     managerial accountability are of great concern. The Forest 
     Service and the Secretary should continue consultation with 
     the House and Senate Committees on Appropriations concerning 
     changes required to respond to this NAPA study. The Forest 
     Service budget formulation and allocation processes do not 
     provide sufficient linkage between on-the-ground needs and 
     funding priority work. The Service must also address the 
     consequences of inadequate performance. Development and 
     implementation of sound performance measures will be needed 
     before major budget restructuring is likely to be accepted by 
     the House and Senate Committees on Appropriations. Another 
     concern involves about the Forest Service granting approval 
     to expand greatly the chief financial officer's staffing at 
     headquarters: the Forest Service should pay close attention 
     to NAPA recommendations concerning this matter and 
     organizational structure.

                          Department of Energy


                         Clean Coal Technology

                               (Deferral)

       The conference agreement provides for the deferral of 
     $156,000,000 in previously appropriated funds for the clean 
     coal technology program as proposed by the Senate instead of 
     a deferral of $256,000,000 as proposed by the House. Up to 
     $14,400,000 may be used for program direction.


                 Fossil Energy Research and Development

                     (including transfer of funds)

       The conference agreement provides $419,025,000 for fossil 
     energy research and development instead of $280,292,000 as 
     proposed by the House and $390,975,000 as proposed by the 
     Senate. Of the amount provided, $24,000,000 is derived by 
     transfer from the biomass energy development account.
       Changes to the House position in advanced clean fuels 
     research include increases of $300,000 for coal preparation/
     carbon extraction from coal and $250,000 for indirect 
     liquefaction and a decrease of $1,475,000 for direct 
     liquefaction. For the advanced clean efficient power system 
     program there is a decrease of $1,000,000 for low emissions 
     boiler systems and an increase of $1,500,000 for Vision 21.
       For natural gas programs there are increases to the House 
     position in exploration and production of $375,000 for arctic 
     research and $1,000,000 for methane hydrates; increases in 
     advanced turbine systems of $800,000 for mid-size turbines, 
     $2,500,000 for ramgen technology (coalbed methane), and 
     $41,008,000 for the utility turbines program that the House 
     had proposed to transfer to the Energy Conservation account; 
     and increases in emerging process technology of $1,000,000 
     for gas-to-liquids/ITM Syngas and $2,000,000 for coal mine 
     methane.
       Changes to the House position in the oil technology program 
     include increases of $375,000 for arctic research and 
     $250,000 for reservoir characterization/northern mid-
     continent atlas in exploration and production; an increase of 
     $750,000 for risk based data management systems and a 
     decrease of $2,000,000 for preferred petroleum upstream 
     management in recovery field demonstrations; and an increase 
     of $3,500,000 for diesel biodesulfurization in Alaska.
       Other changes to the House position include increases of 
     $5,000,000 for the black liquor gasification program, 
     $600,000 for cooperative research and development, $2,400,000 
     for federal energy technology center program direction, 
     $600,000 for general plant projects, and $79,000,000 which 
     eliminates a general reduction to fossil energy programs.
       The conference agreement provides for the following:
       1. The black liquor gasification program should include the 
     active involvement of the appropriate officials within the 
     industries of the future program in energy conservation.
       2. The funds provided for laser drilling may be used for 
     other innovative technologies in addition to laser drilling.
       3. Within the methane hydrate program, the Department is 
     encouraged to consider the expertise of the Gulf of Mexico 
     Hydrate Research Consortium in safety-related research.
       4. Consideration should be given to a proposal to enhance 
     the quality of low-grade sub-bituminous coal from the Powder 
     River Basin by permanently removing moisture from the coal. 
     This proposal also would provide economic development 
     benefits for the Crow Nation. The Department is urged to 
     evaluate this proposal and to consider providing technical 
     assistance or other funding support to the extent the project 
     represents a significant advance in coal dewatering 
     technology, is consistent with the goals and objectives of 
     the fossil energy program, and involves an appropriate degree 
     of cost sharing.
       5. The Department's PM 2.5 monitoring and research efforts 
     should focus on developing data that respond to the fine 
     particulate research needs identified in the Congressionally-
     mandated ``National Research Council Priorities for Airborne 
     Particulate Matter.'' To the extent feasible, the Department 
     should coordinate with industry, State and university 
     research efforts to clarify the uncertainties in the current 
     understanding of fine particulate matter concentration, 
     chemical composition and the relationship between personal 
     exposure and ambient air quality. Research results should 
     help Federal and State environmental regulators design plans 
     that comply with the PM 2.5 ambient air standard and protect 
     the public health.


                      Alternative Fuels Production

                     (Including Transfer of Funds)

       The conference agreement provides, as proposed by both the 
     House and the Senate, for the deposit of investment income 
     earned as of October 1, 1999, on principal amounts in a trust 
     fund established as part of the sale of the Great Plains 
     Gasification Plant in Beulah, ND, and immediate transfer of 
     the funds to the General Fund of the Treasury. The amount 
     available as of October 1, 1999, is estimated to be 
     $1,000,000.


                 Naval Petroleum and Oil Shale Reserves

       The conference agreement provides no new funding for the 
     Naval petroleum and oil shale reserves as proposed by both 
     the House and the Senate. Unobligated funds from previous 
     fiscal years should be sufficient to continue necessary 
     operations in fiscal year 2000.


                      Elk Hills School Lands Fund

       The conference agreement provides $36,000,000 for the 
     second payment from the Elk Hills school lands fund as 
     proposed by the House instead of no funding as proposed by 
     the Senate. This payment will be delayed until October 1, 
     2000, and the payment should be made on that date or as soon 
     thereafter as possible.


                          Energy Conservation

                     (Including Transfer of Funds)

       The conference agreement includes $745,242,000 for energy 
     conservation instead of $731,822,000 as proposed by the House 
     and $684,817,000 as proposed by the Senate. Of the amount 
     provided, $25,000,000 is derived by transfer from the biomass 
     energy development account.
       Changes to the House position in building research and 
     standards include increases of $2,201,000 for building 
     America and $500,000 for technology roadmaps and a decrease 
     of $300,000 for industrialized housing in residential 
     buildings; an increase of $1,700,000 for commercial buildings 
     research and development; and increases of $470,000 for 
     lighting research and development, $3,250,000 for space 
     conditioning and refrigeration,

[[Page H12379]]

     $1,800,000 for cogeneration/fuel cells and $1,797,000 for 
     lighting and appliance standards in equipment, materials and 
     tools. For the building technology and assistance program 
     there is an increase of $2,000,000 for the weatherization 
     assistance program and an increase of $500,000 for State 
     energy program grants. For management and planning there is a 
     decrease of $300,000 in support for State and local grants. 
     There are also increases of $1,000,000 for Rebuild America, 
     $2,000,000 for cooperative programs with States and 
     $3,900,000 for the energy efficiency science initiative.
       Changes to the House position in industry programs include 
     increases of $1,000,000 for the petroleum refining vision for 
     biodesulfurization of gasoline, $2,000,000 for reciprocating 
     engines $2,000,000 for a cogeneration field test and 
     $2,000,000 for characterization of oxidation behavior and a 
     decrease of $3,000,000 for industrial turbines in distributed 
     generation; an increase of $300,000 for technical assistance/
     integrated delivery; an increase of $500,000 for precision 
     forging; a decrease of $41,008,000 for utility turbines that 
     the House had proposed to transfer from the fossil energy 
     account; and decreases of $550,000 for NICE \3\, $100,000 for 
     inventions and innovations, $200,000 for industrial 
     assessment centers, $400,000 for motors and compressed air, 
     and $250,000 for steam challenge. There are also increases of 
     $2,000,000 for cooperative programs with the States and 
     $3,900,000 for the energy efficiency science initiative.
       Changes to the House position for transportation programs/
     vehicle technology include an increase of $3,000,000 for 
     advanced power electronics and a decrease of $1,900,000 in 
     hybrid systems; increases of $400,000 for fuel cell systems, 
     $1,600,000 for stock components, and $2,620,000 for fuel 
     processing and storage in fuel cell research and development; 
     decreases of $500,000 each for light truck engines and for 
     heavy truck engines in the advanced combustion engine 
     program; and increases of $800,000 each for CARAT and GATE in 
     cooperative research. For fuels utilization there are 
     increases of $1,600,000 for advanced petroleum fuels for 
     heavy trucks and $1,000,000 for alternative fuels for 
     automobiles/light trucks. For technology deployment there is 
     a decrease of $10,000 for advanced vehicle competitions. 
     There are also increases of $1,000,000 for high power energy 
     storage, $2,000,000 for heavy vehicle propulsion systems, 
     $3,000,000 for combustion and aftertreatment, $1,000,000 for 
     heavy vehicle systems, $1,500,000 for advanced petroleum 
     fuels for automobiles and light trucks, $1,000,000 for 
     automotive lightweight materials, $2,000,000 for cooperative 
     programs with the States, and $3,900,000 for the energy 
     efficiency science initiative. In policy and management there 
     is an increase of $1,000,000 for a National Academy of 
     Sciences review of fossil fuel and conservation research 
     efforts as described below and decreases of $100,000 for the 
     headquarters working capital fund, $300,000 for international 
     market development programs, and $200,000 for information and 
     communications.
       Bill Language.--Bill language proposed by the House that 
     requires a 25 percent State cost share for the weatherization 
     assistance program has been modified. The modification delays 
     the cost-sharing requirement until fiscal year 2001 and 
     thereafter to allow sufficient time for the States to prepare 
     for this new requirement. The cost share must be non-Federal 
     for each State or other qualified participant but is not 
     strictly limited to funds appropriated by each State or other 
     qualified participant.
       The conference agreement provides for the following:
       1. While language in the bill earmarking funds for grants 
     to municipal governments as proposed by the Senate has not 
     been included, the Department is urged to continue working 
     closely with municipal governments and with the States to 
     address municipal and community energy challenges. The 
     Department should support worthy project proposals that 
     address these issues within the amount provided for the 
     buildings, industry and transportation programs.
       2. The direction in the House report with respect to 
     continuing fiscal year 1999 programs does not preclude the 
     program eliminations and consolidations proposed in the 
     budget request unless expressly identified to the contrary.
       3. In addition to the development project identified in the 
     Senate report, the amount provided for fuel cells for 
     buildings includes $750,000 to continue the partnership 
     established with Materials and Electrochemical Research 
     Corporation to work on polymer electrolyte membrane (PEM) 
     fuel cells in collaboration with the Oak Ridge National 
     Laboratory.
       4. Within the funds provided for the Industries of the 
     Future petroleum program, the Department is encouraged to 
     continue support for research on the biocatalytic 
     desulfurization of gasoline.
       5. The reciprocating engine program should include the 
     active involvement of the appropriate officials within the 
     fossil energy program.
       6. The increase for characterization of oxidation behavior 
     is for rig testing in the turbine program. The Oak Ridge 
     National Laboratory should be involved in this effort.
       7. The Department has placed a high priority on combustion 
     and aftertreatment in the transportation program an increase 
     is provided in that program area. The House and Senate 
     Committees on Appropriations are willing to consider a 
     reprogramming request for additional funds if acceptable 
     offsets are identified.
       8. The Department should support hybrid-electric buses by 
     funding integration and refinement of advance hybrid-electric 
     drive trains by bus makers and propulsion teams that have 
     demonstrated the successful application of hybrid-electric 
     drive trains in actual transit programs.
       9. The Department should use the expertise of the 
     Consortium for Advanced Transportation Technologies and its 
     streamlined competitive, cost-shared procurement process 
     across the various transportation programs.
       10. Continued industry support for the hybrid lighting 
     partnership is encouraging and the Department should continue 
     the program in fiscal year 2000.
       11. Reports that cost accounting standards and cost 
     principles in the Federal Acquisition Regulations may be 
     hindering contracting with certain commercial entities are of 
     concern and the Department should submit a report by December 
     15, 1999 detailing problems in this area and making 
     recommendations for addressing these problems in the future.
       12. The $1,000,000 provided for a National Academy of 
     Sciences study is for a retrospective examination of the 
     costs and benefits of Federal research and development 
     technologies in the areas of fossil energy and energy 
     efficiency. The study should identify improvements that have 
     occurred because of Federal funding for: (1) fossil energy 
     production with regard to performance aspects such as 
     efficiency of conversion into electricity, lower emissions to 
     the environment and cost reduction; and (2) energy efficiency 
     technologies with regard to more efficient use of energy, 
     reductions in emissions and cost impacts in the industrial, 
     transportation, commercial and residential sectors. If the 
     full amount provided is not needed for this study, the House 
     and Senate Committees on Appropriations should be notified of 
     the available balance. None of these funds may be used to 
     fund overhead costs or other energy conservation programs. 
     The Department has an arrangement with the National Academy 
     of Sciences that will streamline the procurement process and 
     the Department should expedite the necessary paperwork to get 
     this study underway within 30 days of enactment of this Act.
       13. A total of $6,000,000 is provided for crosscutting 
     cooperative programs with the States. No funds should be 
     assessed for this activity from other activities funded by 
     this Act.
       14. A total of $11,700,000 is provided for peer-reviewed, 
     cost-shared, competitively awarded grants in support of an 
     energy efficiency science initiative as approved by the 
     Science Committee in the House of Representatives.


                          Economic Regulation

       The conference agreement provides $2,000,000 for economic 
     regulation as proposed by both the House and the Senate.


                      Strategic Petroleum Reserve

       The conference agreement provides $159,000,000 for the 
     strategic petroleum reserve as proposed by the Senate instead 
     of $146,000,000 as proposed by the House. Bill language is 
     included dealing with borrowing authority in the event of an 
     SPR drawdown under this account as proposed by the Senate 
     rather than addressing this provision under Administrative 
     Provisions, Department of Energy as proposed by the House.


                   Energy Information Administration

       The conference agreement provides $72,644,000 for the 
     energy information administration as proposed by the House 
     instead of $70,500,000 as proposed by the Senate.


            Administrative Provisions, Department of Energy

       Bill language is included directing the Secretary of 
     Energy, in cooperation with the Administrator of the General 
     Services Administration, to transfer the site of the former 
     National Institute of Petroleum Energy Research to the city 
     of Bartlesville, Oklahoma. The House and Senate Committees on 
     Appropriations understand that the Department agrees that 
     this is an appropriate way to dispose of this property that 
     is no longer needed by the Department because of the 
     privatization of NIPER.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         Indian Health Services

       The conference agreement provides $2,078,967,000 for Indian 
     health services instead of $2,085,407,000 as proposed by the 
     House and $2,138,001,000 as proposed by the Senate.
       Changes to the House position in hospital and clinic 
     programs include increases of $2,440,000 for the operation of 
     Alaska facilities and $200,000 for epidemiology centers and 
     decreases of $1,000,000 for the health care improvement fund 
     and $110,000 for Shoalwater Bay infant mortality prevention.
       There are also increases of $1,500,000 for dental services 
     and $1,030,000 for public health nursing and a decrease of 
     $500,000 for mental health services. For contract support 
     costs, there is a decrease of $10,000,000.
       Bill Language.--Language is included permitting the use of 
     Indian Health Care Improvement Fund monies for activities 
     typically funded under the Indian Health Facilities account. 
     The Service should notify the House and Senate Committees on 
     Appropriations on the distribution and use of these funds. A 
     total of $10,000,000 has been provided. Indian Health Care 
     Improvement Fund

[[Page H12380]]

     monies should be distributed to increase the level of need 
     funded for the most underfunded tribes. Language also is 
     included permitting the use of up to $10,000,000 in contract 
     support cost funding for new and expanded contracts and 
     compacts.
       The conference agreement provides for the following:
       1. The $4,000,000 provided for the Alaska telemedicine 
     project is for the Alaska Federal Health Care Access Network.
       2. The increase provided for epidemiology centers includes 
     a $100,000 increase for the Portland, OR center. The state-
     of-the-art work done by this center is impressive and the 
     Service should use the expertise at the Portland center to 
     assist the other epidemiology centers.
       3. At least $1,000,000 of the program increase for dental 
     health should be used to develop four clinical and preventive 
     dental support centers.
       4. Within the program increase for public health nursing, 
     the Service should hire a nurse for the Havasupai, AZ clinic.
       5. The lack of a resolution to the contract support costs 
     distribution disparity in IHS continues to be a great 
     concern. The Service is strongly encouraged to continue its 
     work with the tribes to resolve the discrepancies that exist 
     currently and ensure that these costs can be funded fairly. 
     Any resolution to the issue should not be made at the expense 
     of funding for medical services and facilities for non-
     contracting and non-compacting tribes.
       6. With respect to the House language on distribution of 
     funds, fixed cost increases that are provided should be 
     distributed equitably across all Service-operated and 
     tribally-operated programs. Other program increases should 
     not automatically be distributed on a pro-rata basis. For 
     example, a $1,000,000 program increase distributed across all 
     health programs would give each program an insignificant 
     amount of additional funding. In such a case, the Service 
     should select a very limited number of projects so that 
     demonstrable results can be achieved. The Service should 
     develop objective criteria for evaluating project proposals 
     prior to the distribution of program-specific increases that 
     are unrelated to fixed costs.
       7. Fetal alcohol syndrome and its impact on Indian families 
     and Indian communities continues to be a great concern and 
     there is a need for more collaborative efforts to address 
     this important health problem. The University of Washington's 
     fetal alcohol syndrome research program should consider a 
     partnership with the Northwest Portland Indian Health Board 
     to provide more direct services to the American Indian and 
     Alaska Native communities through training and consultation 
     and collaborative analysis of the data surrounding fetal 
     alcohol syndrome and fetal alcohol effect.
       8. The Service is encouraged to ensure that adequate 
     funding is provided to support IHS and tribal epidemiological 
     activities related to the surveillance and monitoring of 
     AIDS/HIV and other communicable and infectious diseases.
       9. On October 27, 1999, the United States Court of Appeals 
     for the Federal Circuit overturned a judgment by the 
     Department of the Interior Board of Contract Appeals with 
     respect to contract support costs (Bruce Babbitt, Secretary 
     of the Interior v. Oglala Sioux Tribal Public Safety 
     Department). The court decision clearly states that the law 
     unequivocally makes contracts providing such costs subject to 
     the availability of appropriations and that any agency can 
     only spend as much money as has been appropriated for 
     contract support costs. Any shortfall does not create an 
     unfunded liability for the Federal government.


                        Indian Health Facilities

       The conference agreement provides $318,580,000 for Indian 
     health facilities instead of $312,478,000 as proposed by the 
     House and $189,252,000 as proposed by the Senate.
       Changes to the House position include increases of 
     $1,500,000 for sanitation construction, $2,942,000 for the 
     Parker, AZ clinic construction and $1,000,000 for Fort 
     Defiance, AZ hospital construction and a decrease of 
     $1,745,000 for the Pawnee, OK clinic design. There is also an 
     increase of $2,405,000 for facilities and environmental 
     health support.
       Bill Language.--Several provisions are included to ensure 
     that the facilities program is able to take advantage of 
     certain purchase opportunities from other agencies and that 
     construction projects can be successfully completed.
       Language is included to assist the Hopi Tribe with the debt 
     associated with the construction of staff quarters that is 
     being financed with tribal funds.
       Language is included permitting the use of up to $500,000 
     to purchase equipment from the Department of Defense and 
     permitting the use of up to $500,000 to purchase ambulances, 
     including medical equipment, from the General Services 
     Administration.
       Language is included permitting the use of up to $500,000 
     for demolition of Federal facilities.
       Language is included permitting the purchase of up to 5 
     acres to expand the parking facilities at the IHS hospital in 
     Tahlequah, OK.
       The conference agreement provides for the following:
       1. The funds provided for Fort Defiance, AZ, hospital 
     construction do not include staff quarters construction which 
     is subject to the guidance provided in item number five 
     below.
       2. The funds for staff quarters at Zuni are for uniform 
     building code approved modular housing.
       3. The program increase provided for facilities and 
     environmental health support is not specifically earmarked 
     for individual programs; however, a portion of the total 
     increase should be dedicated to injury prevention efforts. 
     The Service should notify the House and Senate Committees on 
     Appropriations on how the Service proposes to distribute 
     these funds.
       4. Within the funds provided for maintenance and 
     improvement, $1,000,000 is to be used for environmental 
     remediation at Talihina, OK.
       5. The Service needs to develop a standardized methodology 
     for construction of staff quarters. That methodology should 
     assume the use of uniform building code approved modular 
     housing unless there is a compelling reason why such housing 
     is not appropriate. The methodology should be applied fairly 
     to all quarters projects on the priority list and should 
     encourage tribal funding and alternative financing. The 
     Service should address the new methodology in their 2001 
     budget request.
       6. The Service may use up to $5,000,000 in sanitation 
     funding for projects to clean up and replace open dumps on 
     Indian lands pursuant to the Indian Lands Open Dump Cleanup 
     Act of 1994.
       7. The Service should work closely with the tribes and the 
     Administration to make needed revisions to the facilities 
     construction priority system. Given the extreme need for new 
     and replacement hospitals and clinics, there should be a base 
     funding amount, which serves as a minimum annual amount in 
     the budget request. Issues which need to be examined in 
     revising the current system include, but are not limited to, 
     projects funded primarily by the tribes, anomalies such as 
     extremely remote locations like Havasupai, recognition of 
     projects that involve no or minimal increases in operational 
     costs such as the Portland area pilot project, and 
     alternative financing and modular construction options. The 
     Service in re-examining the current system for construction 
     of health facilities, should develop a more flexible and 
     responsive program can be developed that will more readily 
     accommodate the wide variances in tribal needs and 
     capabilities.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         Salaries and Expenses

       The conference agreement provides $8,000,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by the Senate instead of $13,400,000 
     as proposed by the House.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        Payment to the Institute

       The conference agreement provides $2,125,000 for payment to 
     the institute instead of the $4,250,000 proposed by the 
     Senate and zero funding as proposed by the House.
       The conference agreement provides $2,125,000 to the 
     institute with the understanding that these funds are subject 
     to a one-to-one match from non-Federal sources. In addition, 
     the House and Senate Committees on Appropriations note that 
     this is the last year that Federal funding will be provided 
     for institute operations.

                        Smithsonian Institution


                         Salaries and Expenses

       The conference agreement provides $372,901,000 for salaries 
     and expenses instead of $371,501,000 as proposed by the House 
     and $367,062,000 as proposed by the Senate. Included in this 
     amount is $18,329,000 to fund fully the estimated cost 
     increases associated with pay and benefits, utilities, 
     communications and postage, rental space, and implementation 
     of the Panama Canal Treaty at the Tropical Research 
     Institute. A revised estimate of utilities costs by the 
     Smithsonian has resulted in a decrease of $1,100,000 from the 
     original budget submission and is reflected in the foregoing 
     total. In agreement with the House, an additional amount of 
     $5,000,000 is provided to the National Museum of the American 
     Indian to meet anticipated expenses that will be incurred in 
     moving staff and collections from New York City to the 
     Cultural Resources Center in Suitland, Maryland. An 
     additional amount of $2,500,000 is provided to the National 
     Museum of Natural History's Arctic Studies Center. A 
     provision included in the House bill that would allow federal 
     appropriations designated for lease or rent payments to be 
     used as rent payable to the Smithsonian and deposited in the 
     Institution's general trust fund account has been retained in 
     the conference report.


          Repair, Rehabilitation and Alteration of Facilities

                     (Including Transfers of Funds)

       The conference agreement provides an amount of $47,900,000 
     to fund activities in this account, as proposed by the House 
     and agreed to by the Senate. Within this total, $6,000,000 is 
     provided specifically for repairs and improvements at the 
     National Zoological Park. The conference agreement includes 
     the proposal put forward by the Smithsonian to consolidate 
     their previous budget structure, whereby separate accounts 
     for Zoo Construction and Improvements, Repair and Restoration 
     of Buildings, as well as the Alterations and Modifications 
     portion of

[[Page H12381]]

     the Construction account, have been merged into one broad 
     account designated as Repair, Rehabilitation and Alteration 
     of Facilities. In agreeing to the proposal, the House and 
     Senate Committees on Appropriations want to underscore the 
     Institution's responsibility for ensuring that future budget 
     estimates contain sufficiently detailed information for the 
     various activities covered by this new account. In addition, 
     the Smithsonian Institution is directed to provide the 
     Committees on Appropriations with a report to be submitted 
     annually by December 1, which details expenditures, 
     obligations and remaining balances for this account from the 
     previous fiscal year.


                              Construction

       The conference agreement provides $19,000,000 for 
     construction as proposed by both the House and the Senate. 
     With this appropriation, the Congress has fulfilled its 
     commitment to provide Federal funding for construction of the 
     National Museum of the American Indian on the National Mall 
     in Washington, D.C.


           Administrative Provisions, Smithsonian Institution

       The conference agreement includes a modification of 
     language included in the House bill that will permit the 
     Smithsonian to make minimal necessary repairs to the Holt 
     House.

                        National Gallery of Art


                         Salaries and Expenses

       The conference agreement provides $61,538,000 for salaries 
     and expenses of the National Gallery of Art as proposed by 
     the House instead of $61,438,000 as proposed by the Senate.


            Repair, Restoration and Renovation of Buildings

       The conference agreement provides $6,311,000 for repair, 
     restoration and renovation of buildings as proposed by both 
     the House and the Senate.

             John F. Kennedy Center for the Performing Arts


                       Operations and Maintenance

       The conference agreement provides $14,000,000 for 
     operations and maintenance as proposed by the Senate instead 
     of $12,441,000 as proposed by the House.


                              Construction

       The conference agreement provides $20,000,000 for 
     construction as proposed by both the House and Senate.

            Woodrow Wilson International Center for Scholars


                         Salaries and Expenses

       The conference agreement provides $6,790,000 for salaries 
     and expenses of the Wilson Center instead of $7,040,000 as 
     proposed by the House and $6,040,000 as proposed by the 
     Senate. Funds should be distributed as follows:

Fellowship program.............................................$983,000
Scholar support.................................................705,000
Public service................................................1,897,000
Administration................................................1,796,000
Smithsonian fee.................................................135,000
Conference/Outreach...........................................1,109,000
Building requirements...........................................165,000

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       Grants and Administration

       The conference agreement provides $85,000,000 for grants 
     and administration instead of $83,500,000 as proposed by the 
     House and $90,000,000 as proposed by the Senate. The 
     conference agreement includes the Senate proposal to redirect 
     $1,500,000 from matching grants to program grants.


                            Matching Grants

       The conference agreement provides $13,000,000 for matching 
     grants as proposed by the Senate instead of $14,500,000 as 
     proposed by the House. The conference agreement includes the 
     Senate proposal to redirect $1,500,000 from matching grants 
     to program grants.

                 National Endowment for the Humanities


                       Grants and Administration

       The conference agreement provides $101,000,000 for grants 
     and administration as proposed by the Senate instead of 
     $96,800,000 as proposed by the House. The National Endowment 
     for the Humanities has for several years supported important 
     efforts to preserve disintegrating books, periodicals and 
     other published materials. While the Endowment acknowledges 
     that other elements of our culture and heritage--such as 
     films and sound recordings--are also at risk, its efforts in 
     these areas have been considerably less. The House and Senate 
     Committees on Appropriations are concerned that much of the 
     musical heritage of the nation--as represented by early sound 
     recordings--is irrevocably lost with each passing year. 
     Consequently, the National Endowment for the Humanities is 
     strongly encouraged to strengthen and expand its support of 
     efforts to preserve the rich and important heritage of early 
     sound recordings. Within this effort, the NEH is encouraged 
     to place emphasis on such traditional music forms as folk, 
     jazz and the blues. The Endowment is directed to provide a 
     report to the House and Senate Committees on Appropriations 
     by March 30, 2000, detailing the state by state distribution 
     of the various grants and other NEH funding.


                            Matching Grants

       The conference agreement provides $14,700,000 for matching 
     grants as proposed by the Senate instead of $13,900,000 as 
     proposed by the House.

                Institute of Museum and Library Services


                       Office of Museum Services

                       Grants and Administration

       The conference agreement provides $24,400,000 for the 
     Office of Museum Services as proposed by the House instead of 
     $23,905,000 as proposed by the Senate. The conference 
     agreement provides the funding proposed by the House for 
     program administration and agree that the remaining funding 
     increase above that provided in fiscal year 1999 should be 
     designated for national leadership grants for museums.

                        Commission of Fine Arts


                         Salaries and Expenses

       The conference agreement provides $1,005,000 for the 
     Commission of Fine Arts instead of $935,000 as proposed by 
     the House and $1,078,000 as proposed by the Senate. The 
     conference agreement includes the House proposal to provide 
     one-year authority for the Commission to charge fees to cover 
     publication costs and use the fees without subsequent 
     appropriation. The conference agreement includes all House 
     report language.


               national capital arts and cultural affairs

       The conference agreement provides $7,000,000 for National 
     Capital Arts and Cultural Affairs as proposed by both the 
     House and the Senate.

               Advisory Council on Historic Preservation


                         Salaries and Expenses

       The conference agreement provides $3,000,000 as proposed by 
     the House instead of $2,906,000 as proposed by the Senate.

                  National Capital Planning Commission


                         Salaries and Expenses

       The conference agreement provides $6,312,000 as proposed by 
     both the House and the Senate. The conference agreement 
     includes the Senate proposal to provide one-year authority 
     for appointed members of the Commission to be compensated in 
     a manner similar to other Federal boards and commissions.

                United States Holocaust Memorial Council


                       Holocaust Memorial Council

       The conference agreement provides $33,286,000 for the 
     Holocaust Memorial Council as proposed by both the House and 
     the Senate.
       The United States Holocaust Memorial Council was 
     established in 1980 to support the planning and construction 
     of a permanent, living memorial museum to the victims of the 
     Holocaust. Having opened in 1993, the United States Holocaust 
     Memorial Museum has achieved remarkable success. Following 
     these first six years of operation, the House Appropriations 
     Committee requested the National Academy of Public 
     Administration (NAPA) to conduct a review of the Council and 
     the Museum. NAPA has completed its report and included a 
     number of recommendations to improve the operation and 
     management of the two entities that will set them on a strong 
     course to ensure future success. The House and Senate 
     Committees on Appropriations strongly support the NAPA 
     findings and recommendations and urge the entities to include 
     those reforms that require statutory changes in a 
     reauthorization bill to the Congress by the opening of the 
     second session of the 106th Congress. Further, the 
     organizations should implement fully the administrative 
     changes recommended in the report by February 15, 2000 and to 
     report to the House and Senate Committees on Appropriations 
     on the completion of their implementation by March 1, 2000.

                             Presidio Trust


                          Presidio Trust Fund

       The conference agreement provides $44,400,000 for the 
     Presidio Trust as proposed by both the House and the Senate.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement includes sections 301 through 306, 
     sections 308 through 315, sections 317 through 319 and 
     section 325 from the Senate bill, which continue provisions 
     carried in past years. Section 314 adds a reference to Alaska 
     for the Jobs-in-the-Woods program as proposed by the Senate.
       Section 307 makes permanent the provision on compliance 
     with the Buy American Act, which was included in the House 
     bill as section 306. The Senate had extended the provision 
     for one year.
       The conference agreement does not include language proposed 
     by the House in section 315 and by the Senate in section 316 
     prohibiting the use of funds for biosphere reserves as part 
     of the Man and Biosphere Program.
       Section 316 exempts the Presidio Trust from certain taxes 
     and assessments. While the Presidio Trust, and all property 
     under its administrative jurisdiction, is exempt by law from 
     all taxes of any kind, the conference agreement provides 
     clarification that any interests created under leases or any 
     other agreement associated with Presidio properties are 
     exempt from taxes of any kind, including but not limited to 
     possessory interest taxes.
       Section 320 continues the provision contained in the bill 
     in previous years regarding outreach efforts to rural and 
     underserved communities by the NEA, as amended by the House 
     to include urban minorities.
       Section 321 modifies a provision concerning Forest Service 
     land management planning which was proposed by the House and 
     the Senate and which was included in

[[Page H12382]]

     previous Appropriations acts. The modification now allows 
     national forests to begin planning if their existing plans 
     reach the fifteen year mandated date to revise before or 
     during calendar year 2001.
       Section 322 continues the limitation on funding for 
     completion and issuance of the five-year program under the 
     Forest and Rangeland Renewable Resources Planning Act as 
     proposed by the Senate. The House had no similar provision.
       Section 323 prohibits the use of funds to support 
     government-wide administrative functions unless they are in 
     the budget justification and approved by the House and Senate 
     Committees on Appropriations as proposed by the House. The 
     Senate had no similar provision.
       Section 324 modifies a provision proposed by the House 
     prohibiting the use of funds for certain programs. The 
     modification retains the limitation on the use of funds for 
     General Services Administration Telecommunications Centers 
     and for the President's Council on Sustainable Development 
     and deletes the limitation dealing with the National 
     Telecommunications and Information Administration. The Senate 
     had no similar provision.
       The conference agreement does not include language proposed 
     by the Senate in section 324 that would continue the 
     moratorium on new or expanded Indian self-determination and 
     self-governance contracts and compacts with the Bureau of 
     Indian Affairs and Indian Health Service. The House had no 
     similar provision.
       Section 326 authorizes certain special resource studies. 
     This issue is addressed in more detail under the construction 
     account in the National Park Service.
       Section 327 retains the text of section 324 as proposed by 
     the House and section 325 as proposed by the Senate which 
     permits the Forest Service to use the roads and trails fund 
     for backlog maintenance and priority forest health 
     treatments.
       Section 328 modifies language proposed by the House in 
     section 325 dealing with the establishment of a National 
     Wildlife Refuge in the Kankakee watershed in northwestern 
     Indiana and northeastern Illinois. The modification 
     stipulates that refuge establishment must be consistent with 
     the U. S. Army Corps of Engineers' efforts to control 
     flooding and siltation in that area. Written certification of 
     consistency and compatibility must be submitted to the House 
     and Senate Committees on Appropriations prior to refuge 
     establishment. The Committees note that any land acquisition 
     for such a refuge may only occur after funds have been 
     requested in subsequent budget submissions and approved by 
     the Committees.
       Section 329 modifies language proposed by the House in 
     Section 326 concerning the American Heritage Rivers 
     initiative. The modified language specifically prevents funds 
     from being transferred to, or used to fund personnel, 
     training or other administrative activities at, the Council 
     on Environmental Quality (CEQ) for purposes related to this 
     program, but the language no longer prevents headquarters or 
     departmental activities for these purposes. The Council on 
     Environmental Quality, as part of the Executive Office of the 
     President, is funded through a different appropriations bill 
     to cover all of its program needs, including those associated 
     with the American Heritage Rivers initiative. The Committees 
     note that the appropriations act funding the CEQ provides 
     that no funds other than those specifically appropriated to 
     the CEQ may be used for or by the CEQ. Thus, no detailees 
     from agencies funded by this Act may be used for or by the 
     CEQ. The House and Senate Committees on Appropriations do 
     not object to the agencies covered by this bill from 
     participating in this initiative if it is a normal part of 
     their programs. In fact, the technical assistance programs 
     funded in this bill are intended to help respond to local 
     initiatives and needs. The House and Senate Committees on 
     Appropriations encourage maximum cost-sharing and expect 
     the agencies to emphasize field-level accomplishments 
     rather than headquarters or regional office bureaucratic 
     efforts.
       The House and Senate Committees on Appropriations are very 
     concerned about reports that individuals employed by the 
     Federal government who work on the American Heritage Rivers 
     initiative have engaged in inappropriate lobbying activities 
     with Congressional offices and Federal career employees 
     concerning this legislative issue. Such activities should 
     cease immediately and disciplinary actions should be taken. 
     Such inappropriate behavior by Federal employees should not 
     be tolerated, and staff should not be allowed to interfere 
     with Congressional efforts to improve management and 
     accountability.
       Section 330 modifies language proposed by the House in 
     section 327 restricting the use of answering machines during 
     core business hours except in case of emergency. The 
     modification requires that there be an option that permits 
     the caller to reach immediately another individual. The 
     American taxpayer deserves to receive personal attention from 
     public servants. The Senate had no similar provision.
       Section 331 modifies a provision proposed by the House 
     concerning Forest Service administration of rights-of-way and 
     land uses. The Senate had no similar provision. The 
     modification retains most of the language proposed by the 
     House, with technical modifications, but the provision now 
     makes this a five-year pilot program and requires annual 
     reports to the House and Senate Committees on Appropriations 
     summarizing activities and funds involved during the previous 
     year. The Forest Service is directed to follow the 
     instructions proposed by the House regarding this provision. 
     The House and Senate Committees on Appropriations and the 
     authorizing committees of jurisdiction will review this pilot 
     program and determine subsequently if it warrants permanent 
     authority.
       Section 332 modifies a provision included in the fiscal 
     year 1999 act regarding the Institute of Hardwood Technology 
     Transfer and Applied Research to make the related authorities 
     permanent as proposed by the Senate in section 326. The House 
     had no similar provision.
       Section 333 modifies language proposed by the Senate in 
     section 327 to continue a program by which Alaska's surplus 
     western red cedar is made available preferentially to U.S. 
     domestic mills outside Alaska, prior to export abroad. The 
     House had no similar provision. The provision has been 
     modified to conform to the standard transaction evidence 
     timber appraisal system used elsewhere in the national forest 
     system and recently implemented in Region 10.
       The conference agreement does not include the Senate-
     proposed section 328 concerning Forest Service and Bureau of 
     Land Management inventorying, monitoring and surveying 
     requirements. The House had no similar provision.
       Section 334 includes language clarifying the Presidio 
     Trust's borrowing authority by requiring that obligations 
     issued to the Secretary of the Treasury be subject to terms 
     and conditions prescribed by the Secretary of the Treasury 
     including a review of the creditworthiness of the properties 
     designed as the source of repayment of the obligations.
       Section 335 modifies language regarding reports on the 
     feasibility and cost of implementing the Interior Columbia 
     Basin Ecosystem Management Project as proposed by the House 
     in section 329. The Senate proposed similar language in 
     section 330. The provision has been modified so that a report 
     describing the estimated production of goods and services 
     produced in the study area for the first five years during 
     the course of the decision may be reported for each Resource 
     Advisory Council or Provincial Advisory Council rather than 
     for each individual unit of Federal land as required in the 
     House and Senate passed versions.
       The conference agreement does not include section 330 as 
     proposed by the House which would have provided authority for 
     breastfeeding in the National Park Service, the Smithsonian, 
     the John F. Kennedy Center, the Holocaust Memorial Museum and 
     the National Gallery of Art. A separate appropriations bill 
     funding general government programs includes a similar 
     provision, but one that is broader in its application. The 
     Senate bill had no similar provision.
       Section 336 prohibits the use of funds to propose or issue 
     rules, regulations, decrees or orders for implementing the 
     Kyoto Protocol prior to Senate ratification as proposed by 
     the House in section 331. The Senate had no similar 
     provision.
       The conference agreement does not include House proposed 
     bill language included under section 333 prohibiting the use 
     of funds to directly construct timber access roads in the 
     National Forest System. The Senate had no similar provision.
       The conference agreement does not include either the across 
     the board cut proposed by the House in section 333 or the 
     across the board cut proposed by the Senate in section 348.
       Section 337 modifies language proposed by the House in 
     section 334 and the Senate in section 335 regarding patent 
     applications. The modification exempts from the Solicitor's 
     opinion of November 7, 1997 mining operations with approved 
     plans of operation, patents that were grandfathered as part 
     of the 1995 mining patent moratorium, and plans of operation 
     submitted prior to the Solicitor's opinion of November 7, 
     1997. It is inequitable to apply the Solicitor's millsite 
     opinion to those plans of operation retroactively, since the 
     Department of the Interior and the Forest Service have been 
     approving and modifying plans of operation routinely for 
     years without raising an issue with operators about the ratio 
     of millsites to claims. The Departments of the Interior and 
     Agriculture may not implement the millsite opinion for 
     existing plans of operation. Further, the Departments of the 
     Interior and Agriculture may not reopen decisions already 
     made and relied upon by the stakeholders when these existing 
     plans were approved.
       The conference agreement does not include language proposed 
     by the House in section 335 prohibiting certain uses of 
     leghold traps and neck snares within the National Wildlife 
     Refuge system.
       The conference agreement does not include language as 
     proposed by the House in section 336 that would prohibit 
     implementation of certain portions of the Gettysburg NMP 
     general management plan.
       Section 338 modifies a Senate provision in section 330 
     concerning consistency among federal land managing agencies 
     for the exemption to the Service Contract Act for concession 
     contracts. The modified language deals only with the Forest 
     Service and applies only in fiscal year 2000. The House had 
     no similar provision.
       Section 339 modifies section 331 as proposed by the Senate 
     regarding the establishment of a five-year pilot program for 
     the Forest Service to collect fair market value

[[Page H12383]]

     for forest botanical products. The House had no similar 
     provision. The provision is modified to clarify the 
     definition of forest botanical products, to ensure that 
     the harvest of such products will be sustainable, to 
     exempt some personal use harvest from fee collection at 
     the discretion of the agency, and to return a portion of 
     the funds collected to the national forest unit at which 
     they are generated. The House and Senate Committees on 
     Appropriations want to encourage the development of 
     appropriate small-scale industries but also ensure that 
     the Forest Service carefully manages this program so that 
     plants and fungi are not over-collected. This provision 
     has been modified so that the funds which exceed the level 
     collected in fiscal year 1999 can be used right away 
     rather than delaying expenditure of the funds until fiscal 
     year 2001 as proposed by the Administration and the 
     Senate. Fees will be returned to the forest unit where 
     they are generated and will be used to provide for program 
     administration, inventory, monitoring, sustainable harvest 
     level and impact of harvest determination and restoration 
     activities. The Forest Service is encouraged to develop 
     harvest guidelines that cover species ranges so sharing of 
     fees among units may be required to properly deal with 
     wide-ranging species.
       Section 340 includes the Senate-proposed section 333 
     extending the authorization for the Forest Service to provide 
     funds to Auburn University, AL, for construction of a non-
     federal building. The House bill had no similar provision.
       Section 341 modifies the Senate-proposed section 334 
     dealing with Forest Service stewardship end-results 
     contracting. The modification deletes the Senate proposal to 
     provide the Northern region with nine additional projects. 
     The modified provision includes technical changes to the 
     language which authorized the pilot program. These changes 
     make it clear that the Forest Service can enter into a 
     contract or agreement with either a public or private entity; 
     that an agreement as opposed to a contract can be the primary 
     vehicle for implementing a pilot project; and there is a 
     national limit on projects, as opposed to contracts. This 
     will allow, if necessary, use of more than one contract to 
     implement a project. The House bill had no similar provision.
       The conference agreement does not include Senate proposed 
     bill language included under section 335 that provides that 
     residents living within the boundaries of the White Mountain 
     National Forest are exempt from certain user fees. The House 
     bill had no similar provision.
       Section 342 modifies the Senate-proposed section 336 
     dealing with special use fees paid for recreation residences 
     on Forest Service managed lands. This provision supersedes 
     section 343 of P.L. 105-83 and limits fee increases during 
     fiscal year 2000 to $2,000 per permit. The House had no 
     similar provision.
       The conference agreement does not include language proposed 
     by the Senate in section 337 concerning acquisition of lands 
     within the Columbia River Gorge National Scenic Area. The 
     House had no similar provision.
       Section 343 redesignates the Blackstone River Valley 
     National Heritage Corridor as the John H. Chafee Blackstone 
     River Valley National Heritage Corridor.
       Section 344 provides that the Forest Service may not use 
     the Recreation Fee Demonstration program to supplant existing 
     recreation contracts on the national forests as proposed by 
     the Senate in section 338. The House bill had no similar 
     provision.
       Section 345 amends the National Forest-Dependent Rural 
     Communities Economic Diversification Act, as proposed by the 
     Senate in section 339, to make Forest Service grasslands 
     eligible for economic recovery funding. The House bill had no 
     similar provision.
       Section 346 modifies language proposed by the Senate in 
     section 340 regarding the I-90 Land Exchange Act of 1998 to 
     reflect a recently negotiated settlement of a federal 
     district court case involving Plum Creek and five 
     environmental groups. The settlement reconfigures the 
     exchange in a way not reflected in the original amendment in 
     the Senate Interior Appropriations bill. The settlement 
     significantly reduces the scope of the exchange. Several 
     parcels in the Gifford Pinchot National Forest were dropped 
     from the exchange, along with several Plum Creek parcels 
     destined for public ownership. As a result, the new language 
     reflects the settlement agreement. The House had no similar 
     provision.
       Section 347 modifies language proposed by the Senate in 
     section 341 adjusting the boundary of the Snoqualmie National 
     Forest. Eight Plum Creek parcels will be placed in escrow for 
     three years to be eligible for Forest Service ownership 
     through either appropriations, additional land conveyances or 
     private donation. If the parcels are not acquired after three 
     years, the titles revert back to Plum Creek. The original 
     section in the Senate Interior Appropriations bill placed 
     five Plum Creek parcels in escrow. However, the value of the 
     lands in escrow remains the same. The House had no similar 
     provision.
       Section 348 amends the Food Security Act to protect the 
     confidentiality of Forest Inventory and Analysis data on 
     private lands as proposed by the Senate in section 342. The 
     House bill had no similar provision.
       Section 349 provides, as proposed by the Senate in section 
     343, that 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 13123 regarding the 
     Federal Energy Management Program which circumvents or 
     contradicts any statutes relevant to Federal energy use and 
     the measurement thereof. The Department is expected to adhere 
     to existing law governing energy conservation and efficiency 
     in implementing the Federal Energy Management Program. The 
     House had no similar provision.
       The conference agreement does not include Senate proposed 
     bill language included under section 344 directing the Forest 
     Service to use funds to improve the control or eradication of 
     pine beetles in the Rocky Mountain region of the United 
     States. The conference agreement provides direction on this 
     matter under the Forest Service heading.
       The conference agreement does not include Senate proposed 
     bill language included under section 346 prohibiting the use 
     of funds for certain activities on the Shawnee National 
     Forest, IL.
       The conference agreement does not include language proposed 
     by the Senate in section 345 prohibiting funds for the 
     physical relocation of grizzly bears into the Selway-
     Bitterroot Wilderness of Idaho and Montana. The House had no 
     similar provision. This action is based on written 
     assurances, by letter of November 8, 1999, from the Fish and 
     Wildlife Service that the Service will not reintroduce or 
     relocate grizzly bears during fiscal year 2000.
       Section 350 provides for the investment of Exxon Valdez oil 
     spill funds in high yield investments and in marine research.
       Section 351 directs that up to $1,000,000 of Bureau of Land 
     Management funds be used to fund high priority projects to be 
     conducted by the Youth Conservation Corps as proposed by the 
     Senate in section 347. The House bill had no similar 
     provision.
       Section 352 makes a permanent appropriation for the North 
     Pacific Research Board. To date, these funds have been 
     subject to appropriation.
       Section 353 prohibits the withdrawal of certain lands on 
     the Mark Twain NF, MO, from mining activities and prohibits 
     the issuance of new prospecting permits. The House had no 
     similar provision.
       Section 354 makes a minor technical modification to a 
     previously established pilot program. This modification 
     authorizes the Bureau of Land Management and the Forest 
     Service to establish transfer appropriation accounts in order 
     to facilitate efficient inter-agency fund transfers. The 
     House and Senate Committees on Appropriations support the 
     pilot effort of the two agencies to accomplish mutually 
     beneficial management of respective lands. The agencies are 
     expected to provide a combined report to the House and Senate 
     Committees on Appropriations on the use of these accounts by 
     June 30, 2000.
       Section 355 provides for an extension of the public comment 
     period for the White River National Forest, CO, forest plan 
     revision for ninety days past the February 9, 2000, deadline 
     currently in place.
       Section 356 provides direction to the National Capital 
     Planning Commission concerning a certain easement and other 
     matters regarding the National Harbor project, MD.
       Section 357 allows the Bureau of Land Management to 
     promulgate new hardrock mining regulations so long as these 
     regulations are not inconsistent with the recommendations 
     contained in the National Research Council (NRC) report on 
     hardrock mining and with BLM's statutory authority. To the 
     extent necessary to accomplish this, the BLM is permitted to 
     finalize the Draft Environmental Impact Statement on Surface 
     Management Regulations for Locatable Mineral Operations. If 
     the Department of the Interior wishes to implement any 
     regulatory changes that go beyond the recommendations 
     contained in the NRC report and existing statutes, it should 
     provide a detailed report on such recommendations and the 
     rationale for such changes in the fiscal year 2001 budget 
     submission. In addition, the Department should submit any 
     legislative proposals that might be required to implement 
     changes that go beyond the NRC recommendations and existing 
     statutes.

     TITLE IV--MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999

       The conference agreement includes the Mississippi National 
     Forest Improvement Act of 1999. This new bill language 
     provides for the sale of surplus Forest Service research 
     property and other surplus administrative sites in 
     Mississippi; facilitates a cooperative agreement between the 
     Forest Service and the University of Mississippi; and 
     facilitates a land exchange on the Homochitto National Forest 
     for the Franklin County Dam.

     TITLE V--UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND

       Title V provides an emergency transfer of interest earned 
     by the Abandoned Mine Reclamation Fund to the United Mine 
     Workers of America Combined Benefit Fund. The Abandoned Mine 
     Reclamation Fund was established by the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1231). The 
     Abandoned Mine Land Reclamation Act of 1990 provides for the 
     investment of the unappropriated balances of the fund and the 
     crediting of earned interest to the Abandoned Mine 
     Reclamation Fund. The Coal Industry Retiree Health Benefit 
     Act of 1992 (26 U.S.C. 9701-9722) was included as part of the 
     Energy Policy Act of 1992 and provides for an annual transfer 
     of part of the interest earned by the Abandoned Mine 
     Reclamation Fund to the United Mine Workers of America 
     Combined Benefit Fund.

[[Page H12384]]

       The transfer of funds provided by this title is in response 
     to rising health care costs and recent court decisions which 
     have combined to seriously erode the solvency of the United 
     Mine Workers of America Combined Benefit Fund. Consequently, 
     the Trustees of the Fund have determined that without the 
     relief provided by this section, cuts in health care benefits 
     to the more than 66,000 retired miners and their dependents 
     throughout the nation are imminent.
       The House and Senate Committees on Appropriations recognize 
     that the emergency transfer provided by this title is not the 
     long-term answer to the financial problems associated with 
     the United Mine Workers of America Combined Benefit Fund. It 
     is expected that the legislation necessary to remedy the 
     financial problems of the United Mine Workers of America 
     Combined Benefit Fund will be taken up by the legislative 
     committees of jurisdiction and will be enacted into law in a 
     timely manner. The committees of jurisdiction are urged to 
     work with miners and the contributing companies in ensuring 
     the long-term solvency of the fund. The best long-term 
     solution to the financial problems associated with the fund 
     must include a review of and action on appropriate 
     adjustments to private sector contributions to the fund, 
     including contributions currently being made by the so-called 
     ``reach back'' companies. At the same time, the long-term 
     solution for the fund should cover all eligible retired 
     miners and their dependents, including the unassigned 
     beneficiaries, as provided for in current law.
       The more than 66,000 elderly retired miners and their 
     dependents should not again be brought to the precipice, not 
     knowing whether the Federal Government will continue to meet 
     fully its commitment to provide their health care benefits, 
     as provided in the Coal Industry Retiree Health Benefits Act 
     of 1992.

         TITLE VI--PRIORITY LAND ACQUISITION AND LAND EXCHANGES

       The conference agreement provides $197,500,000 for high 
     priority land acquisition and other purposes. This amount is 
     in addition to the $266,288,000 provided in previous titles 
     of this Act, for a total of $463,788,000. The agreement 
     provides the following additional funds for specific 
     projects: $61,000,000 for the Baca Ranch in New Mexico, 
     subject to the same terms and conditions contained under the 
     heading ``Forest Service, Land Acquisition'', $20,000,000 for 
     the State Assistance program, $5,000,000 for the Catellus 
     property in southern California with the expectation that 
     certain conditions involving the National Training Center for 
     the Army at Fort Irwin will be resolved in the future, 
     $2,000,000 for the Rhode Island National Wildlife Refuge 
     Complex, $19,500,000 for the purchase of mining rights in 
     Utah, $10,000,000 for Elwha River ecosystem restoration, 
     $5,000,000 for backlog maintenance in the National Park 
     Service, $5,000,000 for the Forest Legacy program in the 
     Forest Service, and $35,000,000 for State grants for land 
     acquisition in the State of Florida subject to conditions on 
     guaranteed water supply contained under the heading 
     ``National Park Service, Land Acquisition and State 
     Assistance''.
       With respect to the remainder of the funds totaling 
     $35,000,000, the conference agreement provides $20,000,000 to 
     the Department of the Interior and $15,000,000 to the 
     Department of Agriculture, Forest Service for land 
     acquisitions. These funds and the Forest Legacy funding in 
     this title are made available with the understanding that the 
     House and Senate Committees on Appropriations will notify the 
     Secretaries of Agriculture and the Interior in writing on the 
     individual projects to be funded with these additional 
     monies.

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 2000 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1999 amount, the 2000 
     budget estimates, and the House and Senate bills for 2000 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 1999.......$14,297,803
Budget estimates of new (obligational) authority, fiscal year15,266,137
House bill, fiscal year 2000.................................13,934,609
Senate bill, fiscal year 2000................................14,055,710
Conference agreement, fiscal year 2000.......................14,928,411
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1999........+630,608
  Budget estimates of new (obligational) authority, fiscal year-337,726
  House bill, fiscal year 2000.................................+993,802
  Senate bill, fiscal year 2000................................+872,701
       The conference agreement would enact the provisions of H.R. 
     3424 as introduced on November 17, 1999. The text of that 
     bill follows:
       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 Departments of 
     Labor, Health and Human Services, and Educaiton, and related 
     agencies for the fiscal year ending September 30, 2000, and 
     for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For necessary expenses of the Workforce Investment Act, 
     including the purchase and hire of passenger motor vehicles, 
     the construction, alteration, and repair of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act; the Stewart B. McKinney Homeless Assistance Act; the 
     Women in Apprenticeship and Nontraditional Occupations Act; 
     the National Skill Standards Act of 1994; and the School-to-
     Work Opportunities Act; $3,002,618,000 plus reimbursements, 
     of which $1,650,153,000 is available for obligation for the 
     period July 1, 2000 through June 30, 2001; of which 
     $1,250,965,000 is available for obligation for the period 
     April 1, 2000 through June 30, 2001; of which $35,500,000 is 
     available for the period July 1, 2000 through June 30, 2003 
     including $34,000,000 for necessary expenses of construction, 
     rehabilitation, and acquisition of Job Corps centers, and 
     $1,500,000 under authority of section 171(d) of the Workforce 
     Investment Act for use by the Organizing Committee for the 
     2001 Special Olympics World Winter Games in Alaska to promote 
     employment opportunities for individuals with disabilities 
     and other staffing needs; and of which $55,000,000 shall be 
     available from July 1, 2000 through September 30, 2001, for 
     carrying out activities of the School-to-Work Opportunities 
     Act: Provided, That $58,800,000 shall be for carrying out 
     section 166 of the Workforce Investment Act, including 
     $5,000,000 for carrying out section 166(j)(1) of the 
     Workforce Investment Act, including the provision of 
     assistance to American Samoans who reside in Hawaii for the 
     co-location of federally funded and State-funded workforce 
     investment activities, and $7,000,000 shall be for carrying 
     out the National Skills Standards Act of 1994: Provided 
     further, That no funds from any other appropriation shall be 
     used to provide meal services at or for Job Corps centers: 
     Provided further, That funds provided to carry out section 
     171(d) of such Act may be used for demonstration projects 
     that provide assistance to new entrants in the workforce and 
     incumbent workers: Provided further, That funding provided to 
     carry out projects under 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 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

[[Page H12385]]

     funds used for automation acquisitions shall be available for 
     obligation by the States through September 30, 2002; and of 
     which $163,452,000, together with not to exceed $738,283,000 
     of the amount which may be expended from said trust fund, 
     shall be available for obligation for the period July 1, 2000 
     through June 30, 2001, to fund activities under the Act of 
     June 6, 1933, as amended, including the cost of penalty mail 
     authorized under 39 U.S.C. 3202(a)(1)(E) made available to 
     States in lieu of allotments for such purpose, and of which 
     $125,000,000 shall be available only to the extent necessary 
     for additional State allocations to administer unemployment 
     compensation laws to finance increases in the number of 
     unemployment insurance claims filed and claims paid or 
     changes in a State law: Provided, That to the extent that the 
     Average Weekly Insured Unemployment (AWIU) for fiscal year 
     2000 is projected by the Department of Labor to exceed 
     2,638,000, an additional $28,600,000 shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) from the Employment Security Administration Account 
     of the Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center network may be obligated in 
     contracts, grants or agreements with non-State entities: 
     Provided further, That funds appropriated under this Act for 
     activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.


        Advances to the Unemployment Trust Fund and Other Funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and to the ``Federal 
     unemployment benefits and allowances'' account, to remain 
     available until September 30, 2001, $356,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 2000, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         program administration

       For expenses of administering employment and training 
     programs, $100,944,000, including $6,431,000 to support up to 
     75 full-time equivalent staff, the majority of which will be 
     term Federal appointments lasting no more than 1 year, to 
     administer welfare-to-work grants, together with not to 
     exceed $45,056,000, which 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 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 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

[[Page H12386]]

     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;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $228,373,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     including not to exceed $750,000 may be collected by the 
     National Mine Health and Safety Academy for room, board, 
     tuition, and the sale of training materials, otherwise 
     authorized by law to be collected, to be available for mine 
     safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; the Secretary is authorized 
     to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the 
     event of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $357,781,000, of which $6,986,000 shall be for expenses of 
     revising the Consumer Price Index and shall remain available 
     until September 30, 2001, together with not to exceed 
     $55,663,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

                        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.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     Committees of both Houses of Congress are notified at least 
     15 days in advance of any transfer.
       Sec. 103. The Secretary of Labor shall transfer, without 
     charge or consideration, to the City of Salinas in the State 
     of California, all right, title, and interest (including any 
     equitable interest) the United States holds in the real 
     property located at 342 Front Street, Salinas, California 
     (Reference No. SSL-493), to the extent such right, such 
     title, or such interest was acquired as a result of any loan, 
     grant, guarantee, or other benefit provided by the Secretary 
     to or for the benefit of such city.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2000''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, VII, VIII, X, XII, XIX, 
     and XXVI of the Public Health Service Act, section 427(a) of 
     the Federal Coal Mine Health and Safety Act, title V and 
     section 1820 of the Social Security Act, the Health Care 
     Quality Improvement Act of 1986, as amended, and the Native 
     Hawaiian Health Care Act of 1988, as amended, $4,584,721,000, 
     of which $150,000 shall remain available until expended for 
     interest subsidies on loan guarantees made prior to fiscal 
     year 1981 under part B of title VII of the Public Health 
     Service Act, and of which $122,182,000 shall be available for 
     the construction and renovation of health care and other 
     facilities, and of which $25,000,000 from general revenues, 
     notwithstanding section 1820( j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act: Provided, That the Division of Federal 
     Occupational Health may utilize personal services 
     contracting to employ professional management/
     administrative and occupational health professionals: 
     Provided further, That of the funds made available under 
     this heading, $250,000 shall be available until expended 
     for facilities renovations at the Gillis W. Long Hansen's 
     Disease Center: Provided further, That in addition to fees 
     authorized by section 427(b) of the Health Care Quality 
     Improvement Act of 1986, fees shall be collected for the 
     full disclosure of information under the Act sufficient to 
     recover the full costs of operating the National 
     Practitioner Data Bank, and shall remain available until 
     expended to carry out that Act: Provided further, That no 
     more than $5,000,000 is available for carrying out the 
     provisions of Public Law 104-73: Provided further, That of 
     the funds made available under this heading, $238,932,000 
     shall be for the program under title X of the Public 
     Health Service Act to provide for voluntary family 
     planning projects: Provided 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

[[Page H12387]]

     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 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.


    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.


                 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.


                         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.

[[Page H12388]]

               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.

                  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 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.
       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.
       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.

[[Page H12389]]

                      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 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.

                        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.


                      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 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

[[Page H12390]]

     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.
       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 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 
     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

[[Page H12391]]

     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 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 for technology innovation in 
     education, $900,000 for the University of Alaska at 
     Anchorage for distance learning education, $1,000,000 
     shall be awarded to the Seton Hill College in Greensburg, 
     Pennsylvania for a model education technology training 
     program, $500,000 shall be awarded to the University of 
     Alaska-Fairbanks, in Fairbanks, Alaska for a teacher 
     technology training program, $200,000 shall be awarded to 
     the Alaska Department of Education for the Alaska State 
     Distance Education Technology Consortium, $1,000,000 shall 
     be awarded to the North East Vocational Area Cooperative 
     in Washington State for a multi-district technology 
     education center, $400,000 shall be awarded to the 
     University of Vermont for the Vermont Learning Gateway 
     Program, $2,500,000 shall be awarded to the State 
     University of New Jersey for the RUNet 2000 project at 
     Rutgers for an integrated voice-video-data network to link 
     students, faculty and administration via a high-speed, 
     broad band fiber optic network, $500,000 shall be awarded 
     to the Iowa Area Education Agency 13 for a public/private 
     partnership to demonstrate the effective use of technology 
     in grades 1-3, $235,000 shall be for the Louisville Deaf 
     Oral School for technology enhancements: Provided further, 
     That in the State of Alabama $50,000 shall be awarded to 
     the Bibb County Board of Education for technology 
     enhancements, $50,000 shall be awarded to the Calhoun 
     County Board of Education for technology enhancements, 
     $50,000 shall be awarded to the Chambers County Board of 
     Education for technology enhancements, $50,000 shall be 
     awarded to the Chilton County Board of Education for 
     technology enhancements, $50,000 shall be awarded to the 
     Clay County Board of Education for technology 
     enhancements, $50,000 shall be awarded to the Cleburne 
     County Board of Education for technology enhancements, 
     $50,000 shall be awarded to the Coosa County Board of 
     Education for technology enhancements, $50,000 shall be 
     awarded to the Lee County Board of Education for 
     technology enhancements, $50,000 shall be awarded to the 
     Macon County Board of Education for technology 
     enhancements, $50,000 shall be awarded to the St. Clair 
     County Board of Education for technology enhancements, 
     $50,000 shall be awarded to the Talladega County Board of 
     Education for technology enhancements, $50,000 shall be 
     awarded to the Tallapoosa County Board of Education for 
     technology enhancements, $50,000 shall be awarded to the 
     Randolph County Board of Education for technology 
     enhancements, $50,000 shall be awarded to the Russell 
     County Board of Education for technology enhancements, 
     $50,000 shall be awarded to the Alexander City Board of 
     Education for technology enhancements, $50,000 shall be 
     awarded to the Anniston City Board of Education for 
     technology enhancements, $50,000 shall be awarded to the 
     Lanett City Board of Education for technology 
     enhancements, $50,000 shall be awarded to the Pell City 
     Board of Education for technology enhancements, $50,000 
     shall be awarded to the Roanoke City Board of Education 
     for technology enhancements, $50,000 shall be awarded to 
     the Talledega City Board of Education for technology 
     enhancements, $500,000 shall be to continue a state-of-
     the-art information technology system at Mansfield 
     University, Mansfield, Pennsylvania, $250,000 shall be 
     awarded to the Chicago Public School Science and 
     Technology Academy to establish a curriculum of math, 
     science and technology, $500,000 shall be awarded to 
     Prairie Hills, Illinois Elementary School District 144 for 
     a public/private teacher technology training program, 
     $1,000,000 shall be 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 afterschool program, $50,000 shall be 
     awarded to the Tuckahoe School District for an after-
     school program in Eastchester, New York, $100,000 shall be 
     awarded to Innovative Directions, an Educational Alliance 
     (IDEA), based at the City Island School (P.S. 175) in the 
     Bronx, New York City, New York, $250,000 shall be awarded 
     to the New York Hall of Science in Queens, New York for 
     after-school education programs, $60,000 shall be awarded 
     to the Mamaroneck School District in Mamaroneck, New York 
     for expansion of an after-school program, $250,000 shall 
     be awarded to the White Plains School District for an 
     after-school program in White Plains, New York, $200,000 
     shall be awarded to the New Rochelle School District for 
     an after-school program in New Rochelle, New York, 
     $250,000 shall be awarded to the Community School District 
     30 in Queens, New York for the expansion of after-school 
     activities, $500,000 shall be awarded to the Jefferson 
     Elementary School for a joint after-school program with 
     the Madison Elementary School in Stevens Point, Wisconsin, 
     $400,000 shall be awarded to the School District

[[Page H12392]]

     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 by States 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 
     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 
     application not later than 30 days after the enactment of 
     this Act: Provided further, That section 8002(f ) of the 
     Elementary and Secondary Education Act of 1965 is amended by 
     adding a new paragraph ``(3)'' at the end to read as follows:
       ``(3) For each fiscal year beginning with fiscal year 2000, 
     the Secretary shall treat the Central Union, California; 
     Island, California; Hill City, South Dakota; and Wall, South 
     Dakota local educational agencies as meeting the 
     eligibility requirements of subsection (a)(1)(C) of this 
     section.'':
     Provided further, That the Secretary of Education shall 
     consider all payments received by the educational agency for 
     Hatboro-Horsham and Delaware Valley, Pennsylvania for fiscal 
     year 1995 under section 8002(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7702(a)), and all 
     payments under section 8002(h)(2)(A) for subsequent years 
     through fiscal year 1999, to be correct: Provided further, 
     That section 8002(f ) of the Elementary and Secondary 
     Education Act of 1965 is amended by adding at the end thereof 
     a new paragraph (4) to read as follows:
       ``(4) For the purposes of payments under this section for 
     each fiscal year beginning with fiscal year 2000, the 
     Secretary shall treat the Hot Springs, South Dakota local 
     educational agency as if it had filed a timely application 
     under section 8002 of the Elementary and Secondary Education 
     Act of 1965 for fiscal year 1994 if the Secretary has 
     received the fiscal year 1994 application, as well as 
     Exhibits A and B not later than December 1, 1999.'':
     Provided further, That section 8002(f ) of the Elementary and 
     Secondary Education Act of 1965 is amended by adding at the 
     end thereof a new paragraph (5) to read as follows:
       ``(5) For purposes of payments under this section for each 
     fiscal year beginning with fiscal year 2000, the Secretary 
     shall treat the Hueneme, California local educational agency 
     as if it had filed a timely application under section 8002 of 
     the Elementary and Secondary Education Act of 1965 if the 
     Secretary has received the fiscal year 1995 application not 
     later than December 1, 1999.'':
     Provided further, That the Secretary of Education shall treat 
     as timely filed, and shall process for payment, an 
     application for a fiscal year 1998 payment from the local 
     educational agency for Hydaburg, Alaska, under section 8003 
     of the Elementary and Secondary Education Act of 1965 if the 
     Secretary has received that application not later than 30 
     days after the enactment of this Act: Provided further, That 
     the Secretary of Education shall treat as timely, and process 
     for payment, an application for fiscal years 1996 and 1997 
     payment from the local education agency for Fallbrook Unified 
     High School District, California, under section 8002 of the 
     Elementary and Secondary Education Act of 1965, if the 
     Secretary has received that application not later than 30 
     days after the enactment of this Act: Provided further, That 
     for the purpose of computing the amount of a payment for a 
     local educational agency for children identified under 
     section 8003 of the Elementary and Secondary Education Act of 
     1965, children residing in housing initially acquired or 
     constructed under section 801 of the Military Construction 
     Authorization Act of 1984 (Public Law 98-115) (``Build to 
     Lease'' program) shall be considered as children described 
     under section 8003(a)(1)(B) if the property described is 
     within the fenced security perimeter of the military 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 the 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

[[Page H12393]]

     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 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 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 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 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.

[[Page H12394]]

             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 101(f ) of Public Law 105-277 
     for the Web-Based Education Commission, authorized by part J 
     of title VIII of the Higher Education Amendments of 1998, 
     shall remain available through September 30, 2000: Provided 
     further, That $3,000,000 is for data collection and 
     evaluation activities for programs under the Higher Education 
     Act of 1965, including such activities needed to comply with 
     the Government Performance and Results Act of 1993: Provided 
     further, That of the funds available for title IV, part A, 
     subpart 8 of the Higher Education Act of 1965 and 
     notwithstanding any other provision of law, $3,000,000 shall 
     be awarded to the University of South Florida for a distance 
     learning program, $190,000 shall be awarded to the New York 
     Global Communication Center in West Islip, New York for a 
     distance learning program, $2,000,000 shall be awarded to the 
     Alliance for Technology, Learning and Society (ATLAS) at the 
     University of Colorado for technology-enhanced learning, 
     $2,500,000 shall be awarded to the Illinois Community College 
     Board to develop a systemwide, on-line virtual degree program 
     for the community college system in Illinois, and $1,250,000 
     shall be made available to the University of Idaho 
     Interactive Learning Environments to develop and improve 
     Internet-based delivery of education programs.


                           howard university

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $219,444,000, of which not less than $3,530,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.


         college housing and academic facilities loans program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education Act of 1965, $737,000 to 
     carry out activities related to existing facility loans 
     entered into under the Higher Education Act of 1965.


  Historically Black College and University Capital Financing Program 
                                Account

       The total amount of bonds insured pursuant to section 344 
     of title III, part D of the Higher Education Act of 1965 
     shall not exceed $357,000,000, and the cost, as defined in 
     section 502 of the Congressional Budget Act of 1974, of such 
     bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $207,000.


            Education Research, Statistics, and Improvement

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994, including part E; the National Education Statistics Act 
     of 1994, including sections 411 and 412; section 2102 of 
     title II, and parts A, B, and K and section 10102, section 
     10105, and 10601 of title X, and part C of title XIII of the 
     Elementary and Secondary Education Act of 1965, as amended, 
     and title VI of Public Law 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 Annandale 
     High School in Virginia for academic enrichment programs, 
     $100,000 shall be awarded to the Mountain Arts Center for 
     educational programming, $1,500,000 shall be awarded to 
     the University of Louisville for research in the area of 
     academic readiness, $500,000 shall be awarded to the West 
     Ed Regional Educational Laboratory for the 24 Challenge 
     and Jumping Levels Math Demonstration Project, $1,000,000 
     shall be awarded to Central Michigan University for a 
     charter schools development and performance institute, 
     $950,000 shall be awarded to the Living Science 
     Interactive Learning Model partnership in Indian River, 
     Florida for a science education program, $825,000 shall be 
     awarded to the North Babylon Community Youth Services for 
     an educational program, $1,000,000 shall be awarded to the 
     Los Angeles County Office of Education/Educational 
     Telecommunications and Technology for a pilot program for 
     teachers, $650,000 shall be awarded to the University of 
     Northern Iowa for an institute of technology for inclusive 
     education, $500,000 shall be awarded to Youth Crime Watch 
     of America to expand a program to prevent crime, drugs and 
     violence in schools, $892,000 shall be awarded to 
     Muhlenberg College in Pennsylvania for an environmental 
     science program, $560,000 shall be awarded to the Western 
     Suffolk St. Johns-LaSalle Academy Science and Technology 
     Mentoring Program, $4,000,000 shall be awarded to the 
     National Teaching Academy of Chicago for a model teacher 
     recruitment, preparation and professional development 
     program, $2,000,000 shall be awarded to the University of 
     West Florida for a teacher enhancement program, $1,000,000 
     shall be awarded to Delta State University in Mississippi 
     for innovative teacher training, $1,000,000 shall be 
     awarded to the Alaska Humanities Forum, Inc., in 
     Anchorage, Alaska, $250,000 shall be awarded to An 
     Achievable Dream in Newport News, Virginia to improve 
     academic performance of at-risk youths, $250,000 shall be 
     awarded to the Rock School of Ballet in Philadelphia, 
     Pennsylvania, to expand its community-outreach programs 
     for inner-city children and underprivileged youth in 
     Camden, New Jersey and southern New Jersey, $1,000,000 
     shall be awarded to the University of Maryland Center for 
     Quality and Productivity to provide a link for the Blue 
     Ribbon Schools, $1,000,000 shall be awarded to the 
     Continuing Education Center and Teachers' Institute in 
     South Boston, Virginia to promote participation among 
     youth in the United States democratic process, $1,000,000 
     shall be for the National Museum of Women in the Arts to 
     expand its ``Discovering Art'' program to elementary and 
     secondary schools and other educational organizations, 
     $400,000 shall be awarded to the Alaska Department of 
     Education's summer reading program, $400,000 shall be 
     awarded to the Partners in Education, Inc., to foster 
     successful business-school partnerships, $250,000 shall be 
     for the Kodiak Island Borough

[[Page H12395]]

     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 Enhancement Program, 
     $100,000 shall be awarded to the Philadelphia Orchestra's 
     Philly Pops to operate the Jazz in the Schools program in 
     the Philadelphia school district, $500,000 for the 
     Mississippi Delta Education for a teacher incentive 
     program initiative, $500,000 shall be for A Community of 
     Agile Partners in Education and the Pennsylvania 
     Telecommunications Exchange Network for a technology 
     resource sharing initiative, $500,000 shall be for 
     enhanced teacher training in reading in the District of 
     Columbia, $100,000 shall be awarded to the Project 2000 
     D.C. mentoring project, and $1,250,000 shall be awarded to 
     Helen Keller World Wide to expand the ChildSight vision 
     screening program and provide eyeglasses to additional 
     children whose educational performance may be hindered by 
     poor vision, $750,000 shall be awarded to the Explornet 
     Technology Learning Project in North Carolina, $1,750,000 
     shall be awarded to the Connecticut Early Reading Success 
     Institute to broaden the training of professionals in best 
     practices in reading instruction, $400,000 shall be 
     awarded to the National Academy of Recording Artists and 
     Sciences Foundation for the GRAMMY in the Schools program 
     to provide music education to high school students, 
     $1,000,000 shall be awarded to the Rosa and Raymond Parks 
     Institute for Self-Development for the Pathways to Freedom 
     program for civil rights education for young people and 
     for community learning centers, $500,000 shall be awarded 
     to the Milton S. Eisenhower Foundation to replicate and 
     scientifically evaluate full-service community schools, 
     $500,000 shall be awarded to the Henry Abbott Technical 
     High School in Danbury, Connecticut for workforce 
     education and training activities, $1,000,000 shall be 
     awarded to the Educational Performance Foundation, CPI 
     music education program called ``From the Top'', $250,000 
     shall be awarded to the Mount Vernon School District in 
     Mount Vernon, New York for the Institute of Student 
     Achievement program, $2,000,000 shall be awarded to the 
     National Council of La Raza for a project to improve 
     educational outcomes and opportunities for Hispanic 
     children, $250,000 shall be awarded to the Oakland Unified 
     School District in California for an African American 
     Literacy and Culture Project, $300,000 shall be awarded to 
     the Vasona Center Youth Science Institute, $750,000 shall 
     be awarded to the Life Learning Academy Charter School in 
     San Francisco, California, $250,000 shall be awarded to 
     the National Urban Coalition Say YES To A Youngster's 
     Future Program to provide math and science education, 
     $750,000 shall be awarded to the Wisconsin Academy Staff 
     Development Initiative in Chippewa Falls, Wisconsin to 
     provide math, science, and technology teacher training, 
     $500,000 shall be awarded to the University of Missouri-
     St. Louis to develop a plan to improve the education 
     system in the City of St. Louis, Missouri, $313,000 shall 
     be awarded to the City of Houston for the ASPIRE after-
     school program, $900,000 shall be awarded to 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, 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 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 
     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

[[Page H12396]]

     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 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.
       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 shall be awarded to 
     Lehigh University Iacocca Institute for educational 
     training, $250,000 shall be awarded to Lafayette College 
     for arts education, $1,000,000 shall be awarded to Lewis 
     and Clark College for the Crime Victims Law Institute, 
     $1,650,000 for Rust College in Mississippi for technology 
     infrastructure, $500,000 for the University of Notre Dame 
     for a teacher quality initiative, $2,400,000 shall be 
     awarded to the Western Governors University for a distance 
     learning initiative, $1,000,000 shall be awarded to the 
     Alabama A&M University for the development of a research 
     institute, $1,000,000 shall be awarded to Tarleton State 
     University in Stephenville, Texas for the Center for 
     Astronomy Education and Research summer science programs 
     for students and teachers, $1,500,000 shall be awarded to 
     the Great Plains Network at Kansas University, $350,000 
     shall be awarded to the Science Education and Literacy 
     Center at Rider University in New Jersey, $1,500,000 shall 
     be awarded to the Indiana State University DegreeLink 
     Partnership for a distance learning program, $1,000,000 
     shall be awarded to the Ivy Technical State College in 
     Indiana for a machine tool training program, $1,250,000 
     shall be awarded to the Connecticut State University 
     System Center for Education Technology Assessment, 
     $400,000 shall be awarded to Monmouth University in New 
     Jersey for the 21st Century Science Teachers Skills 
     Project, $58,000 shall be awarded to the Black Hawk 
     College International Business Education Center in Moline, 
     Illinois for training in international economics, $325,000 
     shall be awarded to the World Learning School of 
     International Training in Brattleboro, Vermont for the 
     expansion of a language study program, $500,000 shall be 
     awarded to the Diablo Valley Community College at Contra-
     Costa Community College District for a model teacher 
     program to foster interest in teaching careers among high 
     school and community college students, $1,000,000 shall be 
     awarded to the Urban College of Boston, Massachusetts, for 
     tutoring and mentoring services for educationally 
     disadvantaged students, $1,000,000 shall be awarded to the 
     University of Rhode Island Center for Environmental 
     Design, Planning, and Policy in Kingston, Rhode Island to 
     foster environmental education, $800,000 shall be awarded 
     to the Wisconsin Indianhead Technical College at Ashland 
     and Superior to provide high technology education and 
     training, $400,000 shall be for an award to the University 
     of Wisconsin at Superior for Project SPARKS to link 
     faculty with schools in the Superior School District in 
     Wisconsin, and $100,000 shall be awarded to the University 
     of Nevada at Las Vegas for the Nevada Institute for 
     Children Children's literacy program.
       Sec. 310. (a) From the amount appropriated for title VI of 
     the Elementary and Secondary Education Act of 1965 in 
     accordance with this section, the Secretary of Education--(1) 
     shall make available a total of $6,000,000 to the Secretary 
     of the Interior (on behalf of the Bureau of Indian Affairs) 
     and the outlying areas for activities under this section; and 
     (2) shall allocate

[[Page H12397]]

     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--(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
       (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 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 passed Y2K data exchange testing with the 
     Department of Education; or
       ``(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

[[Page H12398]]

     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.

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $295,645,000: 
     Provided, That none of the funds made available to the 
     Corporation for National and Community Service in this Act 
     for activities authorized by part E of title II of the 
     Domestic Volunteer Service Act of 1973 shall be used to 
     provide stipends to volunteers or volunteer leaders whose 
     incomes exceed the income guidelines established for payment 
     of stipends under the Foster Grandparent and Senior Companion 
     programs: Provided further, That the foregoing proviso shall 
     not apply to the Seniors for Schools program.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2002, $350,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That in addition 
     to the amounts provided above, $10,000,000 shall be for 
     digitalization, only if specifically authorized by subsequent 
     legislation enacted by September 30, 2000.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $36,834,000, including $1,500,000, to remain available 
     through September 30, 2001, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     other conflict resolution services and technical assistance, 
     including those provided to foreign governments and 
     international organizations, and for arbitration services 
     shall be credited to and merged with this account, and shall 
     remain available until expended: Provided further, That fees 
     for arbitration services shall be available only for 
     education, training, and professional development of the 
     agency workforce: Provided further, That the Director of the 
     Service is authorized to accept and use on behalf of the 
     United States gifts of services and real, personal, or other 
     property in the aid of any projects or functions within the 
     Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $6,159,000.

                Institute of Museum and Library Services

         Office of Library Services: Grants and Administration

       For carrying out subtitle B of the Museum and Library 
     Services Act, $166,885,000, of which $22,991,000 shall be 
     awarded to national leadership projects, notwithstanding any 
     other provision of law: Provided, That of the amount 
     provided, $700,000 shall be awarded to the Library and 
     Archives of New Hampshire's Political Tradition at the New 
     Hampshire State Library, $1,000,000 shall be awarded to the 
     Vermont Department of Libraries in Montpelier, Vermont, 
     $750,000 shall be awarded to consolidation and preservation 
     of archives and special collections at the University of 
     Miami Library in Coral Gables, Florida, $1,900,000 shall 
     be awarded to exhibits and library improvements for the 
     Mississippi River Museum and Discovery Center in Dubuque, 
     Iowa, $750,000 shall be awarded to the Alaska Native 
     Heritage Center in Anchorage, Alaska, $750,000 shall be 
     awarded to the Peabody-Essex Museum in Salem, 
     Massachusetts, $750,000 shall be awarded to the Bishop 
     Museum in Hawaii, $200,000 shall be awarded to Oceanside 
     Public Library in California for a local cultural heritage 
     project, $1,000,000 shall be awarded to the Urban 
     Children's Museum Collaborative to develop and implement 
     pilot programs dedicated to serving at-risk children and 
     their families, $150,000 shall be awarded to the Troy 
     State University Dothan in Alabama for archival of a 
     special collection, $450,000 shall be awarded to Chadron 
     State College in Nebraska for the Mari Sandoz Center, 
     $350,000 shall be awarded to the Alabama A&M University 
     Alabama State Black Archives Research Center and Museum, 
     $350,000 shall be awarded to Mystic Seaport, the Museum of 
     America and the Sea, in Connecticut to develop an 
     educational outreach and informal learning laboratory, 
     $100,000 shall be awarded to the Museum for African Art in 
     New York City, New York, for community programming, 
     $35,000 shall be awarded to the Children's Museum of 
     Manhattan in New York City, New York for family 
     programming, $400,000 shall be awarded to the Full Service 
     Library in Molalla, Oregon for technology training and 
     community education programs, $250,000 shall be awarded to 
     Temple University Libraries African American library 
     digitization initiative, and $1,000,000 shall be awarded 
     to the Natural History Museum of Los Angeles County, for a 
     science education program that targets a Spanish speaking 
     audience, $1,000,000 for Dakota Wesleyan University to 
     support enhanced use of technology in the delivery of 
     library services and $500,000 shall be for the Portland 
     State Millar Library for technology based information and 
     research networks.

                  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 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

[[Page H12399]]

     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.

                     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 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 
     $51,000,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           Operating Expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $13,000,000.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $20,000 and 
     $15,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $2,500 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out 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

[[Page H12400]]

     a court or Federal agency that any person intentionally 
     affixed a label bearing a ``Made in America'' inscription, or 
     any inscription with the same meaning, to any product sold in 
     or shipped to the United States that is not made in the 
     United States, the person shall be ineligible to receive 
     any contract or subcontract made with funds made available 
     in this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state: (1) the percentage of the total costs of 
     the program or project which will be financed with Federal 
     money; (2) the dollar amount of Federal funds for the project 
     or program; and (3) percentage and dollar amount of the total 
     costs of the project or program that will be financed by non-
     governmental sources.
       Sec. 508. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (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 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 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

[[Page H12401]]

     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.
       (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 
     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 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:
       ``(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)):

[[Page H12402]]

       ``(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 
     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 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--
       (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 represent State or local 
     governments, shall establish requirements for the collection 
     and maintenance of financial and participant information and 
     the reporting of such information by entities carrying out 
     activities under this paragraph.''.

     SEC. 805. USE OF STATE INFORMATION TO AID ADMINISTRATION OF 
                   WELFARE-TO-WORK GRANT FUNDS.

       (a) Authority of State Agencies to Disclose to Private 
     Industry Councils the Names, Addressess, and Telephone 
     Numbers of Potential Welfare-to-Work Program Participants.--
       (1) State iv-d agencies.--Section 454A(f) of the Social 
     Security Act (42 U.S.C. 654a(f)) is amended by adding at the 
     end the following:
       ``(5) Private industry councils receiving welfare-to-work 
     grants.--Disclosing to a private industry council (as defined 
     in section 403(a)(5)(D)(ii)) to which funds are provided 
     under section 403(a)(5) the names, addresses, telephone 
     numbers, and identifying case number information in the State 
     program funded under part A, of noncustodial parents residing 
     in the service delivery area of the private industry council, 
     for the purpose of identifying and contacting noncustodial 
     parents regarding participation in the program under 
     section 403(a)(5).''.
       (2) State tanf agencies.--Section 403(a)(5) of such Act (42 
     U.S.C. 603(a)(5)) is amended by adding at the end the 
     following:
       ``(K) Information disclosure.--If a State to which a grant 
     is made under section 403 establishes safeguards against the 
     use or disclosure of information about applicants or 
     recipients of assistance under the State program funded under 
     this part, the safeguards shall not prevent the State agency 
     administering the program from furnishing to a private 
     industry council the names, addresses, telephone numbers, and 
     identifying case number information in the State program 
     funded under this part, of noncustodial parents residing in 
     the service delivery area of the private industry council, 
     for the purpose of identifying and contacting noncustodial 
     parents regarding participation in the program under this 
     paragraph.''.
       (b) Safeguarding of Information Disclosed to Private 
     Industry Councils.--Section 403(a)(5)(A)(ii)(I) of such Act 
     (42 U.S.C. 603(a)(5)(A)(ii)(I)) is amended--
       (1) by striking ``and'' at the end of item (dd);
       (2) by striking the period at the end of item (ee) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(ff) describes how the State will ensure that a private 
     industry council to which information is disclosed pursuant 
     to section 403(a)(5)(K) or

[[Page H12403]]

     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.''.

     SEC. 806. REDUCTION OF SET-ASIDE OF PORTION OF WELFARE-TO-
                   WORK FUNDS FOR SUCCESSFUL PERFORMANCE BONUS.

       (a) In General.--Section 403(a)(5)(E) of the Social 
     Security Act (42 U.S.C. 603(a)(5)(E)) is amended in each of 
     clauses (iv) and (vi) by striking ``$100,000,000'' and 
     inserting ``$50,000,000''.
       (b) Conforming Amendments.--
       (1) Section 403(a)(5)(F) of such Act (42 U.S.C. 
     603(a)(5)(F)) is amended by inserting ``$1,500,000'' before 
     ``of the amount so specified''.
       (2) Section 403(a)(5)(G) of such Act (42 U.S.C. 
     603(a)(5)(G)) is amended by inserting ``$900,000'' before 
     ``of the amount so specified''.
       (3) Section 403(a)(5)(H) of such Act (42 U.S.C. 
     603(a)(5)(H)) is amended by inserting ``$300,000'' before 
     ``of the amount so specified''.
       (4) Section 403(a)(5)(I)(i) of such Act (42 U.S.C. 
     603(a)(5)(I)(i)) is amended by striking ``$1,500,000,000'' 
     and all that follows and inserting ``for grants under this 
     paragraph--

       ``(I) $1,500,000,000 for fiscal year 1998; and
       ``(II) $1,450,000,000 for fiscal year 1999.''.

       (c) No Outlay Until FY2001.--Section 403(a)(5)(E)(i) of 
     such Act (42 U.S.C. 603(a)(5)(E)(i)) is amended--
       (1) by striking ``make'' and insert ``award''; and
       (2) by inserting ``, but shall not make any outlay to pay 
     any such grant before October 1, 2000'' before the period.

     SEC. 807. ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE 
                   DISBURSEMENT UNITS.

       (a) In General.--Section 455(a) of the Social Security Act 
     (42 U.S.C. 655(a)) is amended by adding at the end the 
     following:
       ``(5)(A)(i) If--
       ``(I) the Secretary determines that a State plan under 
     section 454 would (in the absence of this paragraph) be 
     disapproved for the failure of the State to comply with 
     subparagraphs (A) and (B)(i) of section 454(27), and that the 
     State has made and is continuing to make a good faith effort 
     to so comply; and
       ``(II) the State has submitted to the Secretary, not later 
     than April 1, 2000, a corrective compliance plan that 
     describes how, by when, and at what cost the State will 
     achieve such compliance, which has been approved by the 
     Secretary,

     then the Secretary shall not disapprove the State plan under 
     section 454, and the Secretary shall reduce the amount 
     otherwise payable to the State under paragraph (1)(A) of this 
     subsection for the fiscal year by the penalty amount.
       ``(ii) All failures of a State during a fiscal year to 
     comply with any of the requirements of section 454B shall be 
     considered a single failure of the State to comply with 
     subparagraphs (A) and (B)(i) of section 454(27) during the 
     fiscal year for purposes of this paragraph.
       ``(B) In this paragraph:
       ``(i) The term `penalty amount' means, with respect to a 
     failure of a State to comply with subparagraphs (A) and 
     (B)(i) of section 454(27)--
       ``(I) 4 percent of the penalty base, in the case of the 1st 
     fiscal year in which such a failure by the State occurs 
     (regardless of whether a penalty is imposed in that fiscal 
     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''.
       Following is explanatory language on H.R. 3424, as 
     introduced on November 17, 1999.

  Departments of Labor, Health and Human Services, and Education, and 
                    Related Agencies Appropriations

       The conferees on H.R. 3194 agree with the matter inserted 
     in this division of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House reported version of H.R. 3037 and the Senate version of 
     S. 1650, the Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2000, 
     by members of the subcommittee of both the House and Senate 
     with jurisdiction over H.R. 3037 and S. 1650.
       In implementing this agreement, the Departments and 
     agencies should comply with the language and instructions set 
     forth in House Report 106-370 and Senate Report 106-166.
       In the case where the language and instructions 
     specifically address the allocation of funds, the Departments 
     and agencies are to follow the funding levels specified in 
     the Congressional budget justifications accompanying the 
     fiscal year 2000 budget or the underlying authorizing statute 
     and should give full consideration to all items, including 
     items allocating specific funding included in the House and 
     Senate reports. With respect to the provisions in the House 
     and Senate reports that specifically allocate funds, each has 
     been reviewed and those which are jointly concurred in have 
     been included in this joint statement.
       The provisions of the House Report (105-205) are endorsed 
     that direct ``. . . the Departments of Labor, Health and 
     Human Services, and Education and the Social Security 
     Administration and the Railroad Retirement Board to submit 
     operating plans with respect to discretionary appropriations 
     to the House and Senate Committees on Appropriations. These 
     plans, which are to be submitted within 30 days of the final 
     passage of the bill, must be signed by the respective 
     Departmental Secretaries, the Social Security Commissioner 
     and the Chairman of the Railroad Retirement Board.''
       The Departments and agencies covered by this directive are 
     expected to meet with the House and Senate Committees as soon 
     as possible after enactment of the bill to develop a 
     methodology to assure adequate and timely information on the 
     allocation of funds within accounts within this conference 
     report while minimizing the need for unnecessary and 
     duplicative submissions.
       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, FY 2000, 
     put in place by this bill, incorporates the following 
     agreements of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       The conference agreement appropriates $5,465,618,000, 
     instead of $4,572,058,000 as proposed by the House and 
     $5,472,560,000 as proposed by the Senate. Of the amount 
     appropriated, $2,463,000,000 becomes available on October 1, 
     2000, instead of $2,607,300,000 as proposed by the House and 
     $2,720,315,000 as proposed by the Senate.
       The agreement includes language authorizing the use of 
     funds under the dislocated workers program for projects that 
     provide assistance to new entrants in the workforce and 
     incumbent workers as proposed by the Senate. It also includes 
     language proposed by the Senate modified to waive a 10 
     percent limitation in the Workforce Investment Act with 
     respect to the use of discretionary funds to carry out 
     demonstration and pilot projects, multiservice projects and 
     multistate projects with regard to dislocated workers and to 
     waive certain other provisions in that Act. The House bill 
     had no similar provisions.
       The Department is expected to make every effort to be 
     flexible in the use of worker training funds for reactivated 
     shipyards, such as those referenced in the Senate Report. The 
     conference agreement encourages the Department to use 
     national emergency grants under the dislocated workers 
     program to supplement available resources for (1) worker 
     training needs at reactivated shipyards that have 
     experienced large-scale worker dislocation, (2) continuing 
     training to utilize the workplace as site for learning, 
     (3) supporting training for American workers at state-of-
     the-art foreign shipyards, and (4) continuing upgrading of 
     workers skills to increase employability and job 
     retention.
       The agreement includes a citation to the Women in 
     Apprenticeship and Nontraditional Occupations Act as proposed 
     by the House. The Senate bill did not cite this Act.
       The conference agreement includes $5,000,000 under Job 
     Corps for the purpose of constructing or rehabilitating 
     facilities on some Job Corps campuses to co-locate Head Start 
     programs to serve Job Corps students and their children as 
     proposed in the House Report.
       The Labor Department is encouraged to continue and provide 
     technical assistance to the Role Models America Academy 
     Demonstration Program.
       The Ways to Work family loan program is an innovative 
     micro-loan program which provides small loans to low-income 
     families who are attempting to make the transition from 
     public assistance to the workforce or retain employment. This 
     program allows families who often lack access to loans from 
     mainstream sources because of their weak

[[Page H12404]]

     credit histories to receive the necessary financial resources 
     to meet emergency expenses. The Department is urged to 
     consider making available up to $1 million for this program 
     to demonstrate its effectiveness in assisting low-income 
     parents in obtaining and retaining jobs.
       The conference agreement includes the following amounts for 
     the following projects and activities:
     Dislocated workers
       --$1,000,000 for the York Skill Center, York, PA
       --$2,000,000 for development of a new model for high-tech 
     workforce development at San Diego State University
       --$1,000,000 for the Central Indiana Technology Training 
     Center at Ball State University
       --$1,000,000 for Clayton College and State University in 
     Georgia for a virtual education and training project to 
     improve military-to-civilian employment transition
       --$1,500,000 for a dislocated farmer retraining project at 
     the University of Idaho
       --$1,000,000 for the Chipola Junior College in Florida to 
     retrain dislocated workers.
       --$500,000 for the State of New Mexico for rural employment 
     in telecommunications
       --$1,000,000 for the Puget Sound Center for Technology to 
     help alleviate the shortage of information technology workers 
     in the Puget Sound Region
       --$400,000 for the Philadelphia Area Accelerated 
     Manufacturing Education, Inc.
       --$1,500,000 for the Pennsylvania training consortium
       --$600,000 for the Lehigh University integrated product 
     development
       --$2,500,000 to train foreign workers, including Russians 
     in oil field management in Alaska
       --$100,000 for community development, job growth and 
     economic development program focused on effective re-use of 
     the Badger Army Ammunition Plant in Sauk County, Wisconsin.
       --$250,000 for the Ohio Employee Ownership Center's job 
     retention initiative.
     Pilots and demonstrations
       --$800,000 for the Center for Workforce Preparation at the 
     U.S. Chamber of Commerce
       --$1,000,000 for Green Thumb for replication in rural areas 
     of a project to train disadvantaged individuals for jobs in 
     the information technology industry
       --$1,000,000 for Focus:HOPE in Detroit for information 
     technology training
       --$300,000 for the Bowling Green, KY Housing Authority for 
     workforce preparation and training for low-income youth and 
     adults
       --$400,000 for the Collegiate Consortium for Workforce and 
     Economic Development
       --$2,000,000 for the Springfield Workforce Development 
     Center in Springfield, Vermont for a model regional workforce 
     development
       --$200,000 to Northlands Job Corps Center in Vergennes, 
     Vermont for a center child care project
       --$170,000 for the Greater Burlington Industrial 
     Corporation in Burlington, Vermont for a model pre-employment 
     counseling program
       --$100,000 for the Commonwealth of Pennsylvania, Department 
     of Labor and Industry, to study the financial impact of 
     professional employer arrangements on the Unemployment 
     Compensation Fund
       --$1,000,000 for the Lorain County Community College for a 
     workforce development project
       --$800,000 for Jobs for America's Graduates
       --$2,500,000 for Alaska Works in Fairbanks, Alaska for 
     construction job training
       --$2,500,000 for Hutchinson Career Center in Fairbanks, 
     Alaska to upgrade equipment to provide vocational training
       --$1,500,000 to train Alaska Native and local low income 
     youth as cultural tour guides and in museum operations for 
     the Alaska Native Heritage Center, Bishop Museum in Hawaii, 
     and Peabody-Essex Museum in Massachusetts
       --$1,500,000 for the University of Missouri-St. Louis for 
     the design and implementation of the Regional Center for 
     Education and Work
       --$400,000 for the Vermont Technical College for a 
     Technology Training Initiative
       --$150,000 to the Nebraska Urban League for a welfare-to-
     work pilot project
       --$1,000,000 to the Des Moines Community College for SMART 
     Partners, a public-private partnership which guarantees full-
     time employment to students who meet the competencies and 
     skill standards required in modern advanced high performance 
     manufacturing
       --$500,000 to the American Indian Science and Engineering 
     Society for the Native American Rural Computer Utilization 
     Training Program
       --$500,000 to the Maui Economic Development Board for the 
     Rural Computer Utilization Training Program
       --$250,000 to the Job Corps of North Dakota for the 
     Fellowship Executive Training Program
       --$250,000 for the University of Colorado Health Sciences 
     Center to provide training and assistance through the 
     University's telehealth/telemedicine distance learning
       --$30,000 to expand training programs for women moving from 
     welfare to work at the Westchester Jewish Community Services' 
     Women's Center in Purchase, NY
       --$750,000 for the Kingston-Newburgh Enterprise Community 
     to provide technical and training assistance to small 
     businesses and community projects
       --$250,000 for the Virginia Modeling, Analysis and 
     Simulation Center's technology-based training program
       --$1,000,000 for the Massachusetts Corporation for 
     Business, Work and Learning for the International 
     Shipbuilding Training Demonstration project
       --$40,000 for the Full Employment Council for Pre-
     Apprenticeship Training in Missouri
       --$150,000 for a proposed workforce development proposal in 
     Blair County, Pennsylvania, aimed at alleviating the shortage 
     of skilled trade workers
       --$500,000 for a job training and placement proposal for 
     Green Door in Washington, DC, to expand employment services 
     for people with a mental illness
       --$1,000,000 for aircraft maintenance training at an 
     Aviation/Aerospace Center of Excellence project in northeast 
     Florida operated by the Florida Community College at 
     Jacksonville utilizing resources at the Cecil Field Naval Air 
     Base
       --$250,000 for the Mellwood Job Training Program in 
     Maryland to provide employment training services to 
     developmentally disabled citizens
       --$500,000 for Enterprise Development Incorporated in South 
     Carolina to identify essential job skill requirements for 
     workers in critical industries
       --$500,000 for the Vietnam Veterans Leadership Program 
     (VVLP), a non-profit organization providing job assistance 
     and supportive services to the veteran community of 
     Southwestern Pennsylvania
       --$500,000 for the South Dakota Intertribal Bison 
     Cooperative, for a vocational training program to provide 
     employment-related skills for native tribes
       The conference agreement also provides funds to continue in 
     FY 2000 those projects and activities which were awarded 
     under the dislocated workers program and under pilots and 
     demonstrations in FY 1999 as described in the Senate Report, 
     subject to project performance, demand for activities and 
     services, and utilization of prior year funding.
       The conference agreement includes $15,000,000 to continue 
     and expand the Youth Offender grant program serving youth who 
     are or have been under criminal justice system supervision.


              federal unemployment benefits and allowances

       The conference agreement appropriates $415,150,000 as 
     proposed by the Senate instead of $314,400,000 as proposed by 
     the House.


     state unemployment insurance and employment service operations

       The conference agreement appropriates $3,253,740,000, 
     instead of $3,141,740,000 as proposed by the House and 
     $3,358,073,000 as proposed by the Senate.
       The agreement includes $41,300,000 for the alien labor 
     certification program as proposed by the Senate instead of 
     $36,300,000 as proposed by the House. For administration of 
     the work opportunity tax credit and the welfare-to-work tax 
     credit, the agreement includes $22,000,000 as proposed by the 
     Senate instead of $20,000,000 as proposed by the House. Funds 
     are included for a ``talking'' America's Job Bank for the 
     blind.
       The agreement does not include a citation to section 461 of 
     the Job Training Partnership Act proposed by the Senate. The 
     House bill did not include this citation.

                         Program Administration

       The conference agreement appropriates $146,000,000, instead 
     of $138,126,000 as proposed by the House and $149,340,000 as 
     proposed by the Senate. The agreement also includes language 
     proposed by the House requiring that the majority of the 
     welfare-to-work program staff shall be term appointments 
     lasting no more than one year. The Senate bill contained no 
     such language.
       The Department is expected to conduct an analysis of the 
     case backlog in the alien labor certification program and 
     report its findings to the Appropriations Committees by 
     February 1, 2000. Further, it is expected that the Department 
     will submit at the same time its proposed schedule for 
     eliminating this backlog.

              Pension and Welfare Benefits Administration


                         salaries and expenses

       The conference agreement appropriates $99,000,000, instead 
     of $90,000,000 as proposed by the House and $99,831,000 as 
     proposed by the Senate.


                  pension benefit guaranty corporation

       The conference agreement provides $11,155,000 for the 
     administrative expense limitation, instead of $10,958,000 as 
     proposed by the House and $11,352,000 as proposed by the 
     Senate.

                  Employment Standards Administration


                         salaries and expenses

       The conference agreement appropriates $339,000,000, instead 
     of $314,000,000 as proposed by the House and $342,787,000 as 
     proposed by the Senate.
       There is concern about the December 3, 1997 Opinion Letter 
     issued by the Employment Standards Administration regarding 
     section 3(o) of the Fair Labor Standards Act. Within the 
     constraints of not preempting the Department's discussions 
     with industry or the courts' impartial consideration of the 
     merits of this issue, the Department is urged to clarify this 
     letter with regard to retroactivity and to existing 
     collective bargaining agreements or private litigation.


                    black lung disability trust fund

       The conference agreement appropriates $49,771,000 for 
     salaries and expenses from the

[[Page H12405]]

     Trust Fund, instead of $49,404,000 as proposed by the House 
     and $50,138,000 as proposed by the Senate. The agreement 
     includes a definite annual appropriation for black lung 
     benefit payments and interest payments on advances made to 
     the Trust Fund as proposed by the House instead of an 
     indefinite permanent appropriation as proposed by the Senate.
       There is concern about the structural deficit in the Black 
     Lung Disability Trust Fund. The Administration is directed to 
     provide its recommended solution for the problem of the 
     increasing indebtedness of the Trust Fund to the Congress as 
     part of its fiscal year 2001 budget request.

             Occupational Safety and Health Administration


                         salaries and expenses

       The conference agreement appropriates $382,000,000, instead 
     of $337,408,000 as proposed by the House and $388,142,000 as 
     proposed by the Senate. The agreement does not include 
     language proposed by the Senate that would have earmarked 
     one-half of the increase over the FY 1999 appropriation for 
     State consultation grants and one-half for enforcement and 
     all other purposes. The House bill had no similar provision. 
     The detailed table at the end of this joint statement 
     reflects the activity distribution agreed upon.
       The Department is urged to consider allowing the use of all 
     FDA-approved devices which reduce the risk of needlestick 
     injury, whether or not such safety feature is integrated into 
     the needle or other sharp medical object, if the non-
     integrated device is at least as safe and effective as other 
     FDA-approved devices.
       Without any intent to delay pending regulations, the 
     conference agreement includes $450,000 elsewhere in this bill 
     for a National Academy of Sciences study of the proposed 
     standard on tuberculosis.
       Concerns have been expressed about recommendations of the 
     Metalworking Fluids Standards Advisory Committee, established 
     by the Department, with respect to metalworking fluids 
     exposure levels. The Department is expected to carefully 
     consider peer-reviewed scientific research and examine the 
     technical feasibility and economic consequences of its 
     recommendations. An economic analysis to the three-digit SIC 
     code and a risk assessment should be completed on the impact 
     of reduced exposure levels.

                 Mine Safety and Health Administration


                         salaries and expenses

       The conference agreement appropriates $228,373,000, instead 
     of $211,165,000 as proposed by the House and $230,873,000 as 
     proposed by the Senate. The agreement includes $2,500,000 
     over the budget request for physical improvements at the 
     National Mine Safety and Health Academy.
       The agreement does not include language proposed by the 
     House that would have prohibited the use of funds to carry 
     out the miner training provisions of the Mine Safety and 
     Health Act with respect to certain industries, including sand 
     and gravel and surface stone, until June 1, 2000. The Senate 
     bill did not include a similar provision.
       The agreement also does not include language proposed by 
     the Senate that would have allowed MSHA to retain and spend 
     up to $1,000,000 in fees collected for the approval and 
     certification of mine equipment and materials. The House bill 
     did not include a similar provision.
       Concerns have been expressed about the possible 
     ramifications of a rulemaking on the use of conveyor belts in 
     underground coal mines, including concerns about the validity 
     of the testing on which the rule is based. MSHA is urged to 
     carefully examine the record and to conduct additional 
     research that may be required to address any significant 
     concerns that have been raised.
       MSHA is urged to examine the ongoing NCI/NIOSH study of 
     Lung Cancer and Diesel Exhaust among Non-Metal Miners in 
     connection with the promulgation of a proposed rule on diesel 
     exhaust.

                       Bureau of Labor Statistics


                         salaries and expenses

       The conference agreement appropriates $413,444,000, instead 
     of $409,444,000 as proposed by the Senate and $394,697,000 as 
     proposed by the House.

                        Departmental Management


                         salaries and expenses

       The conference agreement appropriates $241,788,000, instead 
     of $191,131,000 as proposed by the House and $247,311,000 as 
     proposed by the Senate. The agreement includes language 
     proposed by the Senate that authorizes the expenditure of 
     funds for the management or operation of Departmental 
     bilateral and multilateral foreign technical assistance. The 
     House bill included no such language. The agreement does not 
     include language proposed by the Senate that would have 
     authorized the use of up to $10,000 of DOL salaries and 
     expenses funds in this Act for receiving and hosting 
     officials of foreign states and official foreign delegations. 
     The House bill included no such language. Instead, the 
     agreement authorizes the Secretary to use up to $20,000 from 
     funds available for salaries and expenses for official 
     reception and representation expenses in a general provision 
     in title V of the bill (Sec. 504), instead of $15,000 as 
     proposed in both the House and Senate bills.
       International child labor activities are funded at the 
     level requested in the President's budget.
       The agreement does not include statutory language proposed 
     by the Senate requiring a report to Congress containing 
     options to promote a legal domestic workforce in the 
     agricultural sector, provide for improved compensation and 
     benefits, improved living conditions and better 
     transportation between jobs and address other issues related 
     to agricultural labor that the Secretary determines to be 
     necessary. However, the Department is instructed to prepare 
     such a report and submit it to Congress as soon as possible.
       The conference agreement includes $500,000 in the Executive 
     Direction activity for activities of the Twenty-First Century 
     Workforce Commission, as authorized by the Workforce 
     Investment Act of 1998.

        Assistant Secretary for Veterans Employment and Training

       The conference agreement appropriates $184,341,000, instead 
     of $182,719,000 as proposed by the House and $185,613,000 as 
     proposed by the Senate.

                      Office of Inspector General

       The conference agreement appropriates $51,925,000 as 
     proposed by the Senate instead of $47,500,000 as proposed by 
     the House.

                           General Provisions


                           job corps pay cap

       The conference agreement includes language proposed by the 
     House adjusting the salary cap for employees of Job Corps 
     contractors from Federal Executive Level III to Executive 
     Level II. The Senate bill left the cap at the current level 
     of Executive Level III.


                     davis-bacon helper regulations

       The conference agreement does not include language proposed 
     by the House that would have prohibited the use of funds in 
     the bill to implement the proposed Davis-Bacon helper 
     regulations issued by the Wage and Hour Division on April 9, 
     1999. The Senate bill contained no such provision.


                       health claims regulations

       The conference agreement does not include language proposed 
     by the House that would have prohibited the use of funds in 
     the bill to implement the proposed regulations issued by the 
     Labor Department on September 9, 1998 concerning changes in 
     ERISA health claims processing requirements. The Senate bill 
     contained no such provision.


                           property transfer

         The conference agreement includes language that was not 
     contained in either the House or Senate bill that requires 
     the Secretary of Labor to transfer a building to the city of 
     Salinas, CA.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       The conference agreement includes $4,584,721,000 for Health 
     Resources and Services instead of $4,204,395,000 as proposed 
     by the House and $4,365,498,000 as proposed by the Senate.
       The conference agreement includes bill language identifying 
     $122,182,000 for the construction and renovation of health 
     care and other facilities instead of $10,000,000 as proposed 
     by the Senate. The House bill contained no similar provision. 
     These funds are to be used for the following projects: 
     Northwestern University/Evanston Hospital Center for Genomics 
     and Molecular Medicine; Sinai Family Health Centers of 
     Chicago; Condell Medical Center Regional Center for Cardiac 
     Health Services; Northwestern Memorial Hospital; Hackensack 
     University Medical Center; Brookfield Zoo/Loyola University 
     School of Medicine; Westcare Fresno Community Healthcare 
     Campus, Fresno, California; Northern Illinois University 
     Center for the Study of Family Violence and Sexual Assault; 
     Memorial Hermann Healthcare System, Houston, Texas; 
     George Mason University Center for Services to Families 
     and Schools; Dominican College Center for Health Sciences; 
     Marklund Children's Home, Bloomingdale, Illinois; Lawton 
     and Rhea Chiles Center for Healthy Mothers and Babies 
     Perinatal Data Center; Aging Health Services Center, 
     Somerset, Kentucky; St. Joseph's Hospital Health Center, 
     Syracuse, New York; Northeastern Ohio Universities College 
     of Medicine; Gateway Community Health Center, Laredo, 
     Texas; Uvalde County Clinic, Uvalde, Texas; Vida y Salud 
     Community Health Center, Crystal City, Texas; Sul Ross 
     State University, Alpine, Texas; University of Mississippi 
     Medical Center, Guyton Building; Children's Hospital of 
     Alabama, Birmingham, Alabama; Edward Health Services, 
     Naperville, Illinois; Marquette University School of 
     Dentistry; St. Christopher-Ottilie Residential Treatment 
     Center, Sea Cliff, Long Island; Louisiana State University 
     Feist-Weiller Cancer Center, Shreveport, Louisiana; 
     Columbus Community Healthcare Center, Buffalo, New York; 
     Children's Hospital Los Angeles Research Institute; 
     Englewood Hospital and Medical Center, Englewood, New 
     Jersey; Marywood University Northeast Pennsylvania Healthy 
     Families Center, Scranton, Pennsylvania; Temple University 
     Outpatient Facility; Temple University Children's Medical 
     Center; Pittsburgh Magee-Women's Hospital Women's Center; 
     College of Physicians, Philadelphia, Pennsylvania; Drexel 
     University National Chemical and Biological Research 
     Center; University of Pittsburgh Cancer Center; 
     Philadelphia College of Osteopathic Medicine; Fairbanks 
     Memorial Hospital, Fairbanks, Alaska; Yukon-Kuskokwim

[[Page H12406]]

     Health Corporation, Bethel, Alaska; University of Vermont 
     Cancer Center; Burlington, Vermont community health 
     center; Central Wyoming community health center; Clinical 
     Diabetes Islet Transplanation Research Center at the 
     former NIH/Perrine, Florida Animal Research Facility; 
     Cooper Green Hospital, Alabama; Central Ozarks Medical 
     Center, Richland, Missouri; University of Alabama at 
     Birmingham Interdisciplinary Biomedical Research 
     Institute; Mississippi Institute for Cancer Research; 
     Jackson Medical Mall Foundation, Mississippi; Union 
     Hospital, Terre Haute, Indiana; St. Joe's Hospital of 
     Ohio; University of Northern Colorado, Rocky Mountain 
     Cancer Rehabilitation Institute; National Jewish Medical 
     and Research Center; University of Florida Genetics 
     Institute; Hidalgo County Health Complex, Lordsburg, New 
     Mexico; community health centers in Iowa; Medical 
     University of South Carolina Cancer Center; Child Health 
     Institute at the University of Medicine and Dentistry of 
     New Jersey; Harts Health Center, Harts, West Virginia; 
     West Virginia University Eye Institute; University of 
     South Dakota Medical School Research Facility; Tufts 
     University, Biomedical/Nutrition Research Center; New York 
     University Program in Women's Cancer; Laguna Honda 
     Hospital, San Francisco, California; University of Montana 
     Institute for Environmental and Health Sciences; Idaho 
     Brain Tumor Center; Roseland Hospital Emergency Department 
     in Illinois; Calumuet Center at Metropolitan Family 
     services in Illinois; Burbank Health Alliance Regional 
     Cancer Center in Fitchburg, Massachusetts; Doermer Family 
     Center for Health Science Education at the University of 
     Saint Francis in Fort Wayne, Indiana; Cancer Institute of 
     Long Island, New York; University of Rochester Medical 
     Center Emergency Department; Sound Shore Medical Center in 
     New Rochelle, New York; Mt. Vernon Community Health Center 
     in Mt. Vernon, New York; University of Texas M.D. Anderson 
     Cancer Center; Lessie Bates Davis Center in East St. 
     Louis; Worcester City Campus of UMASS Memorial Healthcare 
     in Worcester, Massachusetts; Whitney M. Young, Jr. Health 
     Center in Albany, New York; Laclede County Health 
     Department in Missouri; Community Health Care, Inc. to 
     construct a community health center in Silvis, Illinois; 
     Columbia University Audubon Biomedical Science and 
     Technology Park in New York; Napa Valley Vintners Health 
     Center in California; San Francisco Community Health 
     Center; Hospital for Special Surgery in New York City, New 
     York; Carl Sagan Discovery Center Children's Hospital at 
     Montefiore Medical Center in the Bronx, New York; and 
     Biotech Laboratory Building at the University of 
     Connecticut.
       The conference agreement includes bill language identifying 
     $238,932,000 for family planning instead of $215,000,000 as 
     proposed by the House and $222,432,000 as proposed by the 
     Senate.
       There is concern that there has been a steady erosion of 
     title X funds being made available by the Department for 
     authorized section 1001 clinical services. The Department is 
     directed to allocate at least 90 percent of the funds 
     appropriated for title X specifically for clinical services. 
     The conference agreement concurs with the language contained 
     in the Senate report regarding the expenditure of year-end 
     funds and allocation of title X funds to regional offices.
       The conference agreement does not include a provision to 
     allow funds to be used to operate the Council on Graduate 
     Medical Education as proposed by the Senate. The House bill 
     contained no similar provision. The Health Professions 
     Education Partnerships Act of 1998 authorizes the use of 
     funds for this purpose.
       The conference agreement provides $75,000,000 for the Ricky 
     Ray Hemophilia Relief Fund Act instead of $20,000,000 as 
     proposed by the House and $50,000,000 as proposed by the 
     Senate. This funding is included in the Public Health and 
     Social Services Emergency Fund as proposed by the House. The 
     Senate bill provided funding in the HRSA account. Within the 
     total provided, $10,000,000 shall be for HRSA administrative 
     costs.
       The conference agreement does not include a provision 
     related to the Health Care Fraud and Abuse Data Collection 
     Program as proposed by the Senate. The House bill contained 
     no similar provision.
       The conference agreement provides $1,024,000,000 for 
     community health centers as proposed by the Senate instead of 
     $985,000,000 as proposed by the House. Within the total 
     provided, $5,000,000 is for native Hawaiian health programs.
       The demonstration project by the Utah area health education 
     centers was identified under community health centers in the 
     Senate report and should be considered under the area health 
     education centers account.
       The conference agreement provides $38,244,000 for the 
     national health service corps, field placements as proposed 
     by the House instead of $36,997,000 as proposed by the 
     Senate. Within the total provided, $1,000,000 is to expand 
     the availability of behavioral and mental health services 
     nationwide.
       The conference agreement provides $78,666,000 for national 
     health service corps, recruitment instead of $78,166,000 as 
     proposed by both the House and Senate. The amount provided 
     includes $500,000 to increase the number of SEARCH grantees 
     so as to include the Illinois Primary Health Care 
     Association. The conference agreement concurs with the Senate 
     report language concerning increasing health care 
     availability in underserved areas.
       The conference agreement provides $344,277,000 for health 
     professions instead of $301,986,000 as proposed by the House 
     and $226,916,000 as proposed by the Senate. The conference 
     agreement includes $1,000,000 within allied health special 
     projects for expansion of the Illinois Community College 
     Board's program, in coordination with the Illinois Department 
     of Human Services, to train and place welfare recipients in 
     the allied health field using distance technology. HRSA is 
     urged to expand the training of health care providers and 
     providers-in-training under area health education centers to 
     improve the detection, diagnosis, treatment, and management 
     of chronic fatigue syndrome (CFIDS) patients.
       The conference agreement includes $40,000,000 for pediatric 
     graduate medical education, subject to authorization. The 
     funds would be used to support health professions training at 
     children's teaching hospitals. The Secretary is directed to 
     provide a detailed operating plan that clearly specifies 
     those hospitals deemed eligible for funding, the methodology 
     and criteria used in determining payments, and performance 
     measurements and outcomes. It is intended that the funds 
     provided for this activity will be a one-time payment, 
     pending action by the authorizing Committees to establish 
     statutory guidelines for the structure and operation of the 
     program.
       The conference agreement provides $20,282,000 for Hansen's 
     Disease Services instead of $18,670,000 as proposed by the 
     House and $17,282,000 as proposed by the Senate. The 
     conference agreement includes $3,000,000 to continue the 
     Diabetes Lower Extremity Amputation Prevention (LEAP) 
     programs at the University of South Alabama, the Louisiana 
     State University School of Medicine, and the Roosevelt 
     Warm Springs Institute for Rehabilitation.
       The conference agreement provides $710,000,000 for the 
     maternal and child health block grant instead of $800,000,000 
     as proposed by the House and $695,000,000 as proposed by the 
     Senate. The conference agreement includes bill language 
     designating $109,307,000 of the funds provided for the block 
     grant for special projects of regional and national 
     significance (SPRANS) instead of $198,742,000 as proposed by 
     the House. The Senate bill contained no similar provision. It 
     is intended that $5,000,000 of this amount be used for the 
     continuation of the traumatic brain injury State 
     demonstration projects as authorized by title XII of the 
     Public Health Service Act, $150,000 is for the Whole Kids 
     Outreach program in southeast Missouri, and an additional 
     $500,000 is for the Family Voices program to expand health 
     care information and education for families of children with 
     special health care needs.
       Within the funds provided, sufficient funds are included to 
     initiate a multi-state dental sealant demonstration program 
     identified in the Senate bill. The agency is urged to work 
     closely with the Departments of Health of New Mexico and 
     Alaska to develop dental sealant programs that address the 
     needs of medically underserved children, especially those 
     living in rural, American Indian, and Native Alaskan 
     communities.
       Within the total provided, the agency is encouraged to 
     support the efforts of the Kids Peace program in Orefield, 
     Pennsylvania, that assist children to overcome situational 
     crises.
       The conference agreement provides $90,000,000 for healthy 
     start instead of $110,000,000 as proposed by the Senate. The 
     House bill provided $90,000,000 for healthy start within the 
     Maternal and Child Health block grant SPRANS account. It is 
     intended that these projects will be evaluated and States 
     will begin to incorporate those activities that are proven 
     successful and can be replicated into the mission of the 
     maternal and child health program.
       The conference agreement provides $3,500,000 for newborn 
     and infant hearing screening instead of $2,500,000 as 
     proposed by the House and $4,000,000 as proposed by the 
     Senate. These funds are to be used to implement title VI of 
     this Act, Early Detection, Diagnosis, and Interventions for 
     Newborns and Infants with Hearing Loss.
       The conference agreement provides $36,316,000 for rural 
     health outreach grants instead of $38,892,000 as proposed by 
     the House and $31,396,000 as proposed by the Senate. Within 
     the total provided, $1,200,000 is to continue and expand the 
     development of the Center for Acadiana Genetics and 
     Hereditary Health Care at Louisiana State University Medical 
     Center; $1,000,000 is for the Home Health Programs 
     demonstration project in Washington State to improve access 
     to home health care in small communities; $75,000 is for 
     Henderson County Rural Health Center, Inc. in Oquawka, 
     Illinois to expand primary and dental health services for 
     underserved populations; $250,000 is for the Tri-County 
     Women's Health, Inc. to provide midwifery-led perinatal 
     services in Jefferson, Madison, and Taylor Counties in 
     Florida; $300,000 is for Radford University School of 
     Nursing's Mobile health clinic; $1,500,000 is for St. Joseph 
     Hospital for diagnostic services throughout the Chippewa 
     Falls, Wisconsin region; $600,000 is for Cooperative 
     Educational Service Agency #11 in Wisconsin to provide 
     preventive and restorative dental services; $324,000 is for 
     Ohio University's College of Osteopathic Medicine's mobile 
     health unit; and $200,000 is for a project at St. Joseph's

[[Page H12407]]

     Hospital Home Health and Hospice, Chippewa Falls, Wisconsin.
       The conference agreement provides $35,048,000 for rural 
     health research instead of $11,713,000 as proposed by the 
     House and $6,085,000 as proposed by the Senate. The 
     conference agreement includes the following amounts for 
     the following projects and activities:
       --$300,000 for the Northern California Telemedicine Network 
     at Santa Rosa Memorial Hospital;
       --$385,000 for a rural telemedicine distance learning 
     project at Daemen College, Amherst, New York;
       --$1,000,000 for a University of New Mexico and University 
     of Hawaii joint telehealth initiative;
       --$1,000,000 for the Medical University of South Carolina 
     Center for the joint MUSC/Walter Reed/Sloan Kettering 
     Telemedicine program;
       --$1,500,000 for the Southwest Alabama Rural Telehealth 
     Network at the University of South Alabama College of 
     Medicine;
       --$1,500,000 for the Children's Hospital and Regional 
     Medical Center, Seattle, telemedicine project;
       --$1,650,000 for the University of Maine rural children's 
     health assessment and follow-up program;
       --$2,000,000 for the University of Southern Mississippi 
     Center for Sustainable Health Outreach;
       --$2,500,000 for the Mississippi State University Rural 
     Health, Safety, and Security Institute;
       --$3,000,000 for a telehealth deployment research testbed 
     program;
       --$4,000,000 for the Alaska Federal Health Care Access 
     Network, Anchorage;
       --$750,000 for the Children's Health Fund, rural pediatric 
     health initiative;
       --$1,000,000 for the University of Nevada telehealth 
     demonstration initiative;
       --$1,000,000 for the Rocky Mountain College/Deaconess 
     Billings Clinic, Montana, telehealth projects;
       --$250,000 to establish up to 5 regional telehealth centers 
     in Texas;
       --$250,000 for Texas Tech University Health Sciences Center 
     at El Paso and the University of Texas at El Paso for joint 
     research on health problems of migrant workers;
       --$500,000 for Bamberg County Hospital to conduct a 
     telehealth demonstration project in South Carolina;
       --$500,000 to Allendale County Hospital to conduct a 
     telehealth demonstration project in South Carolina; and
       --$250,000 to Community Hospital TeleHealth Consortium for 
     a regional telehealth demonstration project in Louisiana;
       The California School of Professional Psychology telehealth 
     demonstration project should be given full and fair 
     consideration for funding.
       The conference agreement does not provide separate funding 
     for the Office for the Advancement of Telehealth as proposed 
     by the Senate. The House bill contained no similar provision.
       The conference agreement provides $5,000,000 for traumatic 
     brain injury demonstrations within the Maternal and Child 
     Health block grant SPRANS account as proposed by the House. 
     The Senate bill provided $5,000,000 as a separate 
     appropriation.
       The conference agreement does not provide separate funding 
     for trauma care as proposed by the Senate. The House bill 
     contained no similar provision. Within funds available for 
     maternal and child health, HRSA is urged to work with the 
     National Highway Traffic Safety Administration and the 
     American Trauma Society to assess emergency medical services 
     systems.
       The conference agreement provides $3,000,000 for poison 
     control as proposed by the Senate. The House bill contained 
     no similar provision. Efforts are underway by HRSA and the 
     Centers for Disease Control and Prevention to initiate 
     planning for a national toll-free number for poison control 
     services. Funding is provided to support this effort and 
     related system enhancements such as the development and 
     assessment of uniform patient management guidelines. The 
     agency is also urged to assist the poison control centers' 
     planning and stabilization efforts.
       The conference agreement provides $6,000,000 for black lung 
     clinics as proposed by the Senate instead of $5,000,000 as 
     proposed by the House.
       The conference agreement provides a total of $1,594,550,000 
     for Ryan White programs instead of $1,519,000,000 as proposed 
     by the House and $1,610,500,000 as proposed by the Senate. 
     Included in this amount is $546,500,000 for emergency 
     assistance, $824,000,000 for comprehensive care, $138,400,000 
     for early intervention, $51,000,000 for pediatric 
     demonstrations, $8,000,000 for dental services, and 
     $26,650,000 for education and training centers.
       The conference agreement includes bill language identifying 
     $528,000,000 for the Ryan White Title II State AIDS drug 
     assistance programs. The House bill identified $500,000,000 
     and the Senate bill identified $536,000,000.
       The conference agreement includes a total of $74,100,000 
     for Ryan White AIDS activities that are targeted to address 
     the trend of the HIV/AIDS epidemic in communities of color, 
     based on rates of new HIV infections, minority AIDS 
     prevalence and mortality from AIDS. These funds are allocated 
     as follows:
       --Within Ryan White Title I, the conference agreement 
     includes $26,500,000 for supplemental funding and directs 
     that these funds be allocated to eligible metropolitan areas 
     targeting African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians and Pacific Islanders in highly 
     impacted communities. These funds are expected to expand 
     service capacity in communities of color, assist children 
     orphaned by AIDS, and expand peer education to individuals 
     living with HIV/AIDS.
       --Within Ryan White Title III, the conference agreement 
     includes $27,400,000 for planning grants, direct service 
     grants and targeted technical assistance and capacity 
     building grants to minority community-based health care and 
     service providers with a history of service provision to 
     communities of color. Funds should also be made available to 
     national, regional and local organizations representing 
     people of color to provide technical assistance 
     collaborations, and linkages designed to strengthen HIV/AIDS 
     systems of care.
       --Within Ryan White Title IV, the conference agreement 
     includes $12,200,000 to fund traditional minority community-
     based providers of services to minority children, youth and 
     families to develop and implement culturally competent 
     research-based interventions that provide additional HIV/AIDS 
     care, services and linkages.
       --Under AIDS education and training centers, the conference 
     agreement includes $6,800,000 to increase training and 
     recruitment of community-based minority health care 
     professionals in AIDS-related treatments, standards of care, 
     guidelines for the use of anti-retroviral and other effective 
     clinical interventions, and treatment adherence for HIV/AIDS 
     infected adults, adolescents and children, as developed by 
     the U.S. Public Health Service.
       Within the funds available for education and training 
     centers, $350,000 is included for the AIDS Education Training 
     Center at the University of California at San Francisco to 
     establish a national hotline for health care providers.
       The conference agreement includes $40,000,000 to address 
     the problem of uninsured individuals. Of this amount, 
     $25,000,000 is to increase the capacity and effectiveness of 
     the Nation's variety of community health care institutions 
     and providers who serve patients regardless of their ability 
     to pay. These funds will enable public, private, and non-
     profit health entities to assist safety-net providers develop 
     and expand integrated systems of care and address service 
     gaps within such integrated systems with a focus on primary 
     care, mental health services and substance abuse services.
       The remaining $15,000,000 will support up to 10 grants to 
     states to develop designs for providing access to health 
     insurance coverage to all residents of the state. Funds may 
     be used to conduct in-depth surveys and other activities 
     necessary to determined the most effective methods of 
     providing insurance coverage for the uninsured. States are to 
     submit reports to the Secretary that identify the 
     characteristics of the uninsured within the state and 
     approaches for providing them with health coverage through an 
     expanded state, Federal and private partnership. The goal is 
     to ensure that everyone in that state has affordable health 
     insurance benefits similar in care to state employee 
     coverage, Federal Employees Health Benefit Plan, Medicaid or 
     other similar quality benchmark plans.
       In awarding these grants, preference should be given to 
     applicant states that present diverse characteristics and 
     represent a variety of geographic areas. In addition, 
     preference should be given to those states with lower 
     uninsured rates unless the applicant state shows a potential 
     for a significant decrease in its uninsured population. 
     States are encouraged to work with the many existing Federal 
     and State data collection activities as well as efforts in 
     the private, nonprofit sector that are ongoing. HRSA, and 
     other HHS agencies, should work collaboratively with the 
     States on these grants and provide technical assistance, and 
     access to appropriate data and analytic support.
       The conference agreement provides $125,000,000 for program 
     management instead of $115,500,000 as proposed by the House 
     and $133,000,000 as proposed by the Senate. Within the total 
     provided, it is intended that $900,000 will be allocated to 
     support the efforts of the American Federation for Negro 
     Affairs Education and Research Fund of Philadelphia and 
     $750,000 is for the University of Northern Iowa Global Health 
     Corps project.
       There are plans by several transplant organizations to hold 
     a National Consensus Conference on Living Organ Donation in 
     early 2000 to examine the opportunities and challenges 
     surrounding living organ donation. Despite efforts to 
     increase organ donation, the demand for donations 
     continues to surpass the number of donated organs. 
     The support of the Administration is an important part of 
     organ donation efforts. The Department is urged to be a 
     partner in this upcoming conference.

               CENTERS FOR DISEASE CONTROL AND PREVENTION

                Disease Control, Research, and Training

       The conference agreement includes $2,910,761,000 for 
     disease control, research, and training instead of 
     $2,621,476,000 as proposed by the House and $2,760,544,000 as 
     proposed by the Senate. In addition, the conference agreement 
     includes bill language designating $51,000,000 for violence 
     against women programs financed from the Violent Crime 
     Reduction Trust Fund as proposed by both the House and 
     Senate.

[[Page H12408]]

       The conference agreement provides $60,000,000 for 
     equipment, construction, and renovation of facilities instead 
     of $40,000,000 as proposed by the House and $59,800,000 as 
     proposed by the Senate, of which $20,000,000 was included in 
     the Public Health and Social Services Emergency Fund. The 
     conference agreement also repeats bill language included in 
     the fiscal year 1999 appropriations bill to allow the General 
     Services Administration to enter into a single contract or 
     related contracts for the full scope of the infectious 
     disease laboratory and that the solicitation and contract 
     shall contain the clause ``availability of funds'' found in 
     the Code of Federal Regulations.
       The conference agreement provides a total of $105,000,000 
     for the National Center for Health Statistics instead of 
     $94,573,000 as proposed by the House and $109,573,000 as 
     proposed by the Senate. The conference agreement also 
     includes bill language designating $71,690,000 of the total 
     to be available to the Center under the Public Health Service 
     one percent evaluation set-aside instead of $71,793,000 as 
     proposed by the House and $109,573,000 as proposed by the 
     Senate. The Center is urged to give priority to the NHANES 
     survey.
       The table accompanying the conference agreement includes a 
     breakout of program costs and salaries and expenses by 
     program. Salaries and expenses activities encompass all non-
     extramural activities with the exception of program support 
     services, centrally managed services, buildings and 
     facilities, and the Office of the Director. It is intended 
     that designated amounts for salaries and expenses are 
     ceilings. The agency may allocate administrative funds for 
     extramural program activities according to its judgment. 
     Funds should be apportioned and allocated consistent with the 
     table, and any changes in funding are subject to the normal 
     notification procedures.
       The conference agreement provides $135,204,000 for the 
     prevention health services block grant instead of 
     $152,247,000 as proposed by the House and $118,161,000 as 
     proposed by the Senate.
       The conference agreement provides $18,200,000 for 
     prevention centers instead of $17,500,000 as proposed by the 
     House and $15,500,000 as proposed by the Senate. Within the 
     total provided, $700,000 is included for the Roger Williams 
     Medical Center in Providence, Rhode Island to collaborate 
     with the New England Association of Labor Retirees on a 
     program emphasizing the prevention and early detection of 
     disease among seniors, and sufficient funds are included to 
     establish an Appalachian prevention center at the University 
     of Kentucky.
       The conference agreement provides $489,875,000 for 
     childhood immunization instead of $421,477,000 as proposed by 
     the House and $512,273,000 as proposed by the Senate. In 
     addition, the conference agreement provides $20,000,000 for 
     polio eradication in the Public Health and Social Services 
     Emergency Fund and the Vaccines for Children (VFC) program 
     funded through the Medicaid program is expected to provide 
     $545,043,000 in vaccine purchases and distribution support in 
     fiscal year 2000, for a total program level of 
     $1,054,918,000.
       The conference agreement provides $694,751,000 for HIV/AIDS 
     instead of $657,036,000 as proposed by the House and 
     $662,276,000 as proposed by the Senate.
       A number of states are establishing HIV surveillance 
     systems, and such states are using a variety of mechanisms to 
     report cases of HIV infection. These surveillance systems 
     will improve states' ability to track the epidemic and better 
     target prevention and care resources. CDS is encouraged to 
     work with these states to support the implementation of these 
     different systems, using funds from existing surveillance 
     resources. California is among those states establishing an 
     HIV surveillance system.
       The conference agreement includes $59,775,000 to fund CDC 
     activities that are designed to address the trend of the HIV/
     AIDS epidemic in communities of color, based on rates of new 
     HIV infections and mortality from AIDS, and includes 
     additional funds for the ``Know Your Status'' campaign. The 
     conference agreement includes funds to be used for the 
     Directly Funded Minority Community Based Organization program 
     to fund grant applications from minority organizations with a 
     history of providing services to communities of color. Funds 
     are also included to create grants under the CDC Community 
     Development Program to support needs assessments and enhance 
     community planning processes to integrate HIV, STD, TB, 
     substance abuse prevention and treatment, care and community 
     development within communities of color. Funds are to be 
     allocated for technical assistance programs for grantees 
     under the Directly Funded Minority CBO program, for Faith-
     Based Initiative Programs, and for CDC's HIV surveillance 
     activities to better track the epidemic and target resources. 
     These funds are to be allocated based on program priorities 
     identified in the previous fiscal year.
       The conference agreement includes an increase of 
     $20,000,000 over the fiscal year 1999 to allow priority 
     prevention interventions identified through the community 
     planning process to be implemented. There are many new and 
     reemerging challenges to primary HIV prevention and the 
     careful focus on evidence-based needs assessment at the local 
     and state level through the community planning process as a 
     means of targeting specific interventions to specific 
     individuals and communities is supported. CDC is urged, in 
     consultation with their prevention partners, to undertake a 
     careful study to assess specific priority prevention 
     interventions identified through state and local needs 
     assessment that are not currently being funded, including 
     programs designed to reach communities of color as well as 
     behavioral risk groups.
       The conference agreement provides $128,574,000 for 
     tuberculosis instead of $121,962,000 as proposed by the House 
     and $125,185,000 as proposed by the Senate. The conference 
     agreement includes an increase over the request to strengthen 
     domestic TB control programs, enhance prevention through the 
     development of new diagnostics and improved drugs, and 
     support international technical assistance to reduce the 
     global TB epidemic.
       The conference agreement provides $136,597,000 for sexually 
     transmitted diseases instead of $129,097,000 as proposed by 
     the House and $128,808,000 as proposed by the Senate. The 
     conference agreement includes an increase of $7,500,000 over 
     the request to enhance the effort to eliminate syphilis. CDC 
     is encouraged to address chlamydia as a disease with 
     widespread prevalence among teens and young adults.
       The conference agreement provides $371,155,000 for chronic 
     and environmental diseases instead of $315,511,000 as 
     proposed by the House and $327,081,000 as proposed by the 
     Senate. In addition the conference agreement provides 
     $5,000,000 above the request for the environmental health 
     laboratory in the Public Health and Social Services Emergency 
     fund. Included in this amount are increases above the fiscal 
     year 1999 level for the following activities: $250,000 for an 
     assessment of human exposure to environmental contaminants 
     near Kelly Air Force Base, Texas; $500,000 for oral health; 
     $500,000 for prostate cancer; $500,000 for colorectal cancer; 
     $500,000 for autism; $503,261 for chronic fatigue syndrome; 
     $538,820 for radiation; $539,055 for folic acid; $1,000,000 
     for limb loss; $1,000,000 for women's health/ovarian cancer; 
     $1,000,000 for comprehensive cancer control for the 
     University of Miami for its comprehensive South Florida 
     Minority Cancer Initiative; $1,000,000 to expand epilepsy 
     surveillance, public awareness activities, and public and 
     provider education; $1,176,793 for birth defects; $1,250,000 
     for community health promotion for the Unviesity of Arizona 
     to conduct comprehensive research and evaluation of the 
     unique public health risks along the U.S.-Mexico border; 
     $1,700,000 for arthritis, of which $700,000 is for the Roybal 
     Center in Los Angeles for a program in arthritis care and 
     education; $2,250,000 for diabetes, of which $250,000 is for 
     the University of Puerto Rico to establish a diabetes 
     research and prevention program; $2,300,000 for pfiesteria; 
     $3,500,000 for newborn and infant hearing screening; 
     $5,000,000 for nutrition/obesity; $10,000,000 for asthma; 
     $10,000,000 for cardiovascular diseases; $27,000,000 for 
     smoking and health/tobacco, and $150,000 for the Hale County, 
     Alabama, HERO program.
       The conference agreement provides $167,301,000 for breast 
     and cervical cancer screening instead of $161,071,000 as 
     proposed by the House and $167,051,000 as proposed by the 
     Senate. The conference agreement includes bill language to 
     allow the agency to expand the WISEWOMAN program to not 
     more than 10 States. The agency is urged to give full and 
     fair consideration to proposals from Pennsylvania, Iowa, 
     and Connecticut. Within the total provided, $250,000 is 
     for Marin County, California to evaluate the high 
     incidence of breast cancer in the San Francisco Bay Area.
       The conference agreement provides a total of $186,610,000 
     for infectious diseases as proposed by both the House, when 
     adjusted for transfers from the Public Health and Social 
     Services Emergency Fund, and the Senate. Within this amount, 
     $166,610,000 is provided in this account and $20,000,000 is 
     provided in the Public Health and Social Services Emergency 
     Fund for bioterrorism surveillance-emergency preparedness and 
     response activities. The conference agreement includes an 
     increase of $5,000,000 over the request for state capacity 
     development, international and domestic surveillance for 
     influenza, efforts to slow or reverse the trend of the rapid 
     development of antimicrobial resistance of infectious agents, 
     and to address the West Nile Virus encephalitis outbreak and 
     hepatitis C virus.
       The conference agreement provides $38,248,000 for lead 
     poisoning as proposed by the House instead of $37,205,000 as 
     proposed by the Senate.
       The conference agreement provides $86,198,000 for injury 
     control instead of $57,581,000 as proposed by the House and 
     $82,819,000 as proposed by the Senate. The conference 
     agreement includes the following amounts for the following 
     projects and activities:
       --$200,000 to the City of Waterloo, Iowa, for expansion of 
     Fire PALS, a school-based injury prevention program;
       --$500,000 for the Trauma Information Exchange Program as 
     described in the House and Senate reports;
       --$2,500,000 to expand injury control centers; and
       --$12,500,000 to initiate or expand youth violence 
     programs, of which $10,000,000 shall be for national academic 
     centers of excellence on youth violence prevention and 
     $2,500,000 shall be for a national youth violence prevention 
     resource center.
       The conference agreement provides $215,500,000 for the 
     national occupational safety and health program instead of

[[Page H12409]]

     $200,000,000 as proposed by the House and $215,000,000 as 
     proposed by the Senate. Of this amount $500,000 shall be for 
     the Alaska aviation safety initiative.
       The conference agreement provides $85,916,000 for epidemic 
     services as proposed by the House instead of $81,349,000 as 
     proposed by the Senate. Within the total provided, it is 
     intended that $1,600,000 will be allocated to support 
     expansion of an existing post-traumatic peer support model 
     intervention network to address the needs of landmine victims 
     in affected regions overseas.
       The conference agreement provides $38,322,000 for the 
     Office of the Director instead of $31,136,000 as proposed by 
     the House and $32,322,000 as proposed by the Senate. The 
     conference agreement includes the following amounts for the 
     following projects and activities:
       --$1,000,000 to establish a sustainable pilot program that 
     would initiate an interdisciplinary approach to mind-body 
     medicine and to assess their preventive health impact. To 
     ensure a program of the highest quality, a strong peer-review 
     process for all proposals should be put in place.
       --$1,000,000 for the University of South Alabama birth 
     defects monitoring and prevention activities;
       --$2,000,000 for the University of Mississippi to establish 
     a program to identify candidate phytomedicines for clinical 
     evaluation; and
       --$3,000,000 for the Center for Environmental Medicine and 
     Toxicology at the University of Mississippi Medical Center at 
     Jackson.
       The conference agreement provides $30,000,000 for health 
     disparities demonstrations instead of $10,000,000 as proposed 
     by the House and $35,000,000 as proposed by the Senate. The 
     agency is urged to expand the REACH initiative to additional 
     communities and collaborate with Missouri community health 
     centers as well as other worthy centers across the country.

                     NATIONAL INSTITUTES OF HEALTH

                       National Cancer Institute

       The conference agreement provides $3,332,317,000 for the 
     National Cancer Institute instead of $3,163,727,000 as 
     proposed by the House, when adjusted for transfers from the 
     Public Health and Social Services Emergency Fund, and 
     $3,286,859,000 as proposed by the Senate.

                National Heart, Lung and Blood Institute

       The conference agreement provides $2,040,291,000 for the 
     National Heart, Lung and Blood Institute instead of 
     $1,937,404,000 as proposed by the House and $2,001,185,000 as 
     proposed by the Senate.

         National Institute of Dental and Craniofacial Research

       The conference agreement provides $270,253,000 for the 
     National Institute of Dental and Craniofacial Research 
     instead of $257,349,000 as proposed by the House, when 
     adjusted for transfers from the Public Health and Social 
     Services Emergency Fund, and $267,543,000 as proposed by the 
     Senate.

    National Institute of Diabetes and Digestive and Kidney Diseases

       The conference agreement provides $1,147,588,000 for the 
     National Institute of Diabetes and Digestive and Kidney 
     Diseases instead of $1,087,455,000 as proposed by the House 
     and $1,130,056,000 as proposed by the Senate.

        National Institute of Neurological Disorders and Stroke

       The conference agreement provides $1,034,886,000 for the 
     National Institute of Neurological Disorders and Stroke 
     instead of $979,281,000 as proposed by the House and 
     $1,019,271,000 as proposed by the Senate.

         National Institute of Allergy and Infectious Diseases

       The conference agreement provides $1,803,063,000 for the 
     National Institute of Allergy and Infectious Diseases instead 
     of $1,714,705,000 as proposed by the House, when adjusted for 
     transfers from the Public Health and Social Services 
     Emergency Fund, and $1,786,718,000 as proposed by the Senate.

             National Institute of General Medical Sciences

       The conference agreement provides $1,361,668,000 for the 
     National Institute of General Medical Sciences instead of 
     $1,298,551,000 as proposed by the House and $1,352,843,000 as 
     proposed by the Senate.

        National Institute of Child Health and Human Development

       The conference agreement provides $862,884,000 for the 
     National Institute of Child Health and Human Development 
     instead of $817,470,000 as proposed by the House, when 
     adjusted for transfers from the Public Health and Social 
     Services Emergency Fund, and $848,044,000 as proposed by the 
     Senate. NICHD is encouraged to study the effects of 
     commercial advertising and marketing in schools on academic 
     learning, cognitive development, and social and behavioral 
     development.

                         National Eye Institute

       The conference agreement provides $452,706,000 for the 
     National Eye Institute instead of $428,594,000 as proposed by 
     the House and $445,172,000 as proposed by the Senate.

          National Institute of Environmental Health Sciences

       The conference agreement provides $444,817,000 for the 
     National Institute of Environmental Health Sciences instead 
     of $421,109,000 as proposed by the House, when adjusted for 
     transfers from the Public Health and Social Services 
     Emergency Fund, instead of $436,113,000 as proposed by the 
     Senate.
       NIEHS is strongly urged to conduct research on the health 
     and environmental aspects of agent orange and dioxin in 
     Southeast Asia, in particular, Vietnam provided that the 
     Vietnamese government supports collaborative research between 
     U.S. and Vietnamese scientists. Funding should be provided on 
     a competitive basis to researchers who work independently or 
     collaboratively with NIEHS and are experienced in agent 
     orange, dioxins, and Vietnam research. If possible, the 
     research should facilitate an exchange program with United 
     States and Vietnamese scientists to enhance scientific 
     cooperation between the two countries. The research should 
     begin as soon as possible.

                      National Institute on Aging

       The conference agreement provides $690,156,000 for the 
     National Institute on Aging instead of $651,665,000 as 
     proposed by the House and $680,332,000 as proposed by the 
     Senate.

 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       The conference agreement provides $351,840,000 for the 
     National Institute of Arthritis and Musculoskeletal and Skin 
     Diseases instead of $333,378,000 as proposed by the House and 
     $350,429,000 as proposed by the Senate.

    National Institute on Deafness and Other Communication Disorders

       The conference agreement provides $265,185,000 for the 
     National Institute on Deafness and Other Communication 
     Disorders instead of $251,218,000 as proposed by the House 
     and $261,962,000 as proposed by the Senate.

                 National Institute of Nursing Research

       The conference agreement provides $90,000,000 for the 
     National Institute of Nursing Research as proposed by the 
     Senate instead of $76,204,000 as proposed by the House.

           National Institute of Alcohol Abuse and Alcoholism

       The conference agreement provides $293,935,000 for the 
     National Institute of Alcohol Abuse and Alcoholism instead of 
     $279,901,000 as proposed by the House and $291,247,000 as 
     proposed by the Senate.

                    National Institute on Drug Abuse

       The conference agreement provides $689,448,000 for the 
     National Institute on Drug Abuse instead of $656,551,000 as 
     proposed by the House and $682,536,000 as proposed by the 
     Senate.

                  National Institute of Mental Health

       The conference agreement provides $978,360,000 for the 
     National Institute of Mental Health instead of $930,436,000 
     as proposed by the House and $969,494,000 as proposed by the 
     Senate.

                National Human Genome Research Institute

       The conference agreement provides $337,322,000 for the 
     National Human Genome Research Institute as proposed by the 
     Senate instead of $308,012,000 as proposed by the House.

                 National Center for Research Resources

       The conference agreement provides $680,176,000 for the 
     National Center for Research Resources instead of 
     $642,311,000 as proposed by the House, when adjusted for 
     transfers from the Public Health and Social Services 
     Emergency Fund, and $655,988,000 as proposed by the Senate. 
     The conference agreement also includes bill language 
     designating $75,000,000 for extramural facilities 
     construction grants. These funds will provide seed money to 
     stimulate greater public and private sector investments in 
     this needed modernization effort. In awarding grants with 
     these funds, NCRR is directed to recognize the special needs 
     of smaller and developing institutions. NCRR shall assure 
     that, given a sufficient number of meritorious applications 
     from smaller and developing institutions, no less than 50 
     percent of the awards are made to these institutions. In 
     addition, NCRR shall take all steps necessary to assure that 
     small and developing institutions are notified of the funds 
     available in this account and are provided adequate technical 
     assistance in the application process. The conference 
     agreement does not include a provision proposed by the Senate 
     to provide $30,000,000 for extramural facilities available on 
     October 1, 2000. The House bill contained no similar 
     provision.
       The total provided also includes $40,000,000 for the 
     Institutional Development Awards (IDeA) program as proposed 
     by the House instead of $20,000,000 as proposed by the 
     Senate. In addition, $15,000,000 is included to enhance the 
     science education program as referenced in the House and 
     Senate reports.
       The conference agreement concurs with language contained in 
     the Senate report concerning animal research facilities in 
     minority health professional schools.

                  John E. Fogarty International Center

       The conference agreement provides $43,723,000 for the John 
     E. Fogarty International Center as proposed by the Senate 
     instead of $40,440,000 as proposed by the House, when 
     adjusted for transfers from the Public Health and Social 
     Services Emergency Fund.

                      National Library of Medicine

       The conference agreement provides $215,214,000 for the 
     National Library of Medicine instead of $202,027,000 as 
     proposed by the House and $210,183,000 as proposed by the 
     Senate.

[[Page H12410]]

       National Center for Complementary and Alternative Medicine

       The conference agreement provides $68,753,000 for the 
     National Center for Complementary and Alternative Medicine 
     instead of $68,000,000 as proposed by the House and 
     $56,214,000 as proposed by the Senate. The conference 
     agreement does not include bill language proposed by the 
     Senate to make these funds available for obligation through 
     September 30, 2001. The House bill contained no similar 
     provision.
       It is believed that Federal policy in a number of areas is 
     failing to keep up with the increased use of complementary 
     and alternative therapies. Funding was provided in fiscal 
     year 1999 to support the establishment and operation of a 
     White House Commission on Complementary and Alternative 
     Medicine Policy to study and make recommendations to the 
     Congress on appropriate policies regarding consumer 
     information, training, insurance coverage, licensing, and 
     other pressing issues in this area. It is believed that the 
     Commission is not intended to review the work of or set the 
     priorities for the Center. Rather, the Center is expected 
     simply to provide administrative support to the Commission.
       The conference agreement concurs with the House and Senate 
     report language regarding the training of physicians in 
     integrative medicine, but urges the Center to also support 
     the training of nurses in integrative medicine through 
     appropriate mechanisms. The Center is also urged to study 
     strategies for integrating complementary and alternative 
     medicine into all nursing curricula.

                         Office of the Director


                     (Including Transfer of Funds)

       The conference agreement provides $283,509,000 for the 
     Office of the Director instead of $270,383,000 as proposed by 
     the House and $299,504,000 as proposed by the Senate. The 
     conference agreement includes a designation in bill 
     language of $44,953,000 for the operations of the Office 
     of AIDS Research as proposed by the House. The Senate bill 
     contained no similar provision.
       It is expected that the Minority Access to Research 
     Careers, Minority Biomedical Research Support, Research 
     Centers in Minority Institutions, and the Office of Research 
     on Minority Health programs will continue to be supported at 
     a level commensurate with their importance.
       Investigations into the causes, prevention, treatment, and 
     cure for diabetes are important. The Diabetes Research 
     Working Group report outlines many scientific opportunities 
     and NIH is encouraged to pursue research on all types of 
     diabetes with equal vigor.
       NIH is expected to consult closely with the research 
     community, clinicians, patient advocates, and the Congress 
     regarding Parkinson's research and fulfillment of the goals 
     of the Morris K. Udall Parkinson's Research Act. NIH is 
     requested to develop a report to Congress by March 1, 2000 
     outlining a research agenda for Parkinson's focused research 
     for the next five years, along with professional judgment 
     funding projections. The NIH Director should be prepared to 
     discuss Parkinson's focused research planning and 
     implementation for fiscal year 2000 and fiscal year 2001.
       Continued advances in biomedical imaging and engineering, 
     including the development of new techniques and technologies 
     for both clinical applications and medical research and the 
     transfer of new technologies from research projects to the 
     public health sector are important. The disciplines of 
     biomedical imaging and engineering have broad applications to 
     a range of disease processes and organ systems and research 
     in these fields does not fit into the current disease and 
     organ system organizational structure of the NIH. The present 
     organization of the NIH does not accommodate basic scientific 
     research in these fields and encourages unproductive 
     diffusion of imaging and engineering research. Several 
     efforts have been made in the past to fit imaging into the 
     NIH structure, but these have proved to be inadequate.
       For these reasons, NIH is urged to establish an Office of 
     Bioimaging/Bioengineering and to review the feasibility of 
     establishing an Institute of Biomedical Imaging and 
     Engineering. This Office should coordinate imaging and 
     bioengineering research activities, both across the NIH and 
     with other Federal agencies. The NIH shall report to the 
     Appropriations Committees of the House and Senate on the 
     progress achieved by this Office no later than June 30, 2000.
       Security at Federal facilities is a growing concern and 
     with the number of visitors to the NIH campus, including both 
     domestic and foreign dignitaries, and the type of research 
     that occurs on campus, adequate security at NIH is critical. 
     The Director is requested to contract with an independent 
     group to study the overall security situation at the Bethesda 
     campus. This study should include, but not be limited to, 
     recommendations regarding the appropriate manpower, training, 
     and equipment needed to provide adequate security for NIH 
     employees and all visitors to the campus as well as any 
     recommended changes to the current security policy.
       Infantile autism and autism spectrum disorders are 
     biologically based neurodevelopmental diseases that cause 
     severe impairments in language and communication and 
     generally manifest in young children sometime during the 
     first two years of life. Best estimates indicate that 1 in 
     500 children born today will be diagnosed with an autism 
     spectrum disorder and that 400,000 Americans have autism or 
     an autism spectrum disorder. NIH is strongly encouraged to 
     dedicate more resources and to expand and intensify these 
     efforts through the NIH Autism Coordinating Committee. More 
     knowledge is needed concerning the underlying causes of 
     autism and autism spectrum disorders, how to treat and 
     prevent these disorders; the epidemiology and risk factors 
     for the disorders; the development of methods for early 
     medical diagnosis; dissemination to medical personnel, 
     particularly pediatricians, to aid in the early diagnosis and 
     treatment of this disease; and the costs incurred in 
     educating and caring for individuals with autism and autism 
     spectrum disorders. NIH is also encouraged to explore 
     mechanisms, including innovative collaborative approaches in 
     autism, supported by the Institutes to conduct basic and 
     clinical research into the cause, diagnosis, early detection, 
     prevention, control, and treatment of autism, including 
     research in the fields of developmental neurobiology, 
     genetics, and psychopharmacology.
       NIDDK and NIAID are to be commended for jointly supporting 
     research on foodborne illness. The Institutes are encouraged 
     to enhance research on the reaction of the gut to foodborne 
     pathogens, including research on the pathogenesis of the 
     disease, the reasons for antibiotic resistance, the reaction 
     of the gut to infections, the development of animal models to 
     test therapies, and the invention of vaccines or substances 
     that bind with the toxins to prevent the illness.
       The conference agreement concurs with language contained in 
     the House report regarding International Collaborations.
       Ashkenazi Jewish women who carry the BRCA 1 gene have an 
     abnormally high incidence of breast and ovarian cancer. NIH 
     is urged to support, especially through NCI and NHGRI, 
     coordinated U.S./Israeli research activities through all 
     available mechanisms, as appropriate, including the 
     establishment of a computerized data and specimen sharing 
     system, subject recruitment and retention programs, and 
     collaborative pilot research projects.
       The Office of Research on Minority Health is encouraged to 
     expand and strengthen science-based HIV prevention research 
     for African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians and Pacific Islanders and 
     consideration should be given to the U.S. Virgin Islands and 
     Puerto Rico. The Office is also encouraged to expand existing 
     culturally competent behavioral research, conducted by 
     minority principal investigators, that seeks to break the 
     link between HIV infection and high risk behaviors, and that 
     seek to decrease the rate of mortality in targeted minority 
     populations.


                        Buildings and Facilities

       The conference agreement provides $135,376,000 for 
     buildings and facilities instead of $108,376,000 as proposed 
     by the House and $100,732,000 as proposed by the Senate. In 
     addition, $40,000,000 was provided in the fiscal year 1999 
     appropriations bill for the Clinical Center.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       The conference agreement provides $2,654,953,000 for 
     substance abuse and mental health services instead of 
     $2,413,731,000 as proposed by the House and $2,799,516,000 as 
     proposed by the Senate. The conference agreement does not 
     provide $148,816,000 to become available on October 1, 2000 
     as proposed by the Senate. The House bill contained no 
     similar provisions.
     Center for Mental Health Services
       The conference agreement provides $356,000,000 for the 
     mental health block grant instead of $300,000,000 as proposed 
     by the House and $358,816,000, of which $48,816,000 was to 
     become available on October 1, 2000, as proposed by the 
     Senate.
       The conference agreement provides $83,000,000 for 
     children's mental health as proposed by the House instead of 
     $78,000,000 as proposed by the Senate.
       Mental health services for children and adolescents could 
     be strengthened by a comprehensive system that measures the 
     quality and effectiveness of these services. The Center's 
     Committee on Child and Adolescent Outcomes has supported the 
     collaboration between Vanderbilt University and Australia in 
     developing such an evaluation system in the United States. 
     The Department is urged to continue this collaboration.
       The National Mental Health Self-Help Clearinghouse, the 
     Consumer Organization and Networking Technical Assistance 
     Center, and the National Empowerment Center provide 
     information and resources to individuals suffering from 
     mental illnesses and their families. Continued funding of 
     these Centers will allow services to be provided 
     uninterrupted.
       The conference agreement provides $31,000,000 for grants to 
     states for the homeless (PATH) as proposed by the Senate 
     instead of $28,000,000 as proposed by the House.
       The conference agreement provides $25,000,000 for 
     protection and advocacy as proposed by the Senate instead of 
     $22,957,000 as proposed by the House.
       The conference agreement provides $138,982,000 for 
     knowledge development and application instead of $85,851,000 
     as proposed by the House and $137,932,000 as proposed by the 
     Senate. The conference agreement has doubled funding for 
     mental health services for school-age children, as part of an 
     effort

[[Page H12411]]

     to reduce school violence. It is intended that $80,000,000 be 
     used for the support and delivery of school-based and school-
     related mental health services for school-age youth. It is 
     intended that the Department will continue to collaborate its 
     efforts with the Department of Education to develop a 
     coordinated approach.
       Within the total provided: $1,000,000 is for the Northwest 
     Suburban Cook County and Lake County Public Action to Deliver 
     Shelter (PADS) provider organizations to address long-term 
     homelessness through service integration; $1,000,000 is for 
     the urban health initiative at the University of Connecticut 
     to provide improved mental health services to underserved, 
     impoverished and high risk children, teens, adults and 
     seniors living in urban public housing; and $50,000 is for 
     Steinway Child and Family Services of Queens, New York to 
     provide mental health and support services to children and 
     families affected by HIV/AIDS.
     Center for Substance Abuse Treatment
       The conference agreement provides $1,600,000,000 for the 
     substance abuse block grant instead of $1,585,000,000 as 
     proposed by the House and $1,715,000,000 as proposed by the 
     Senate. The conference agreement does not include a provision 
     proposed by the Senate to provide $100,000,000 on October 1, 
     2000. The House bill contained no similar provision.
       The conference agreement provides $214,566,000 for 
     knowledge development and application instead of $136,613,000 
     as proposed by the House and $226,868,000 as proposed by the 
     Senate. Within the total provided: $200,000 is for the Center 
     Point Program in Marin County, California, for substance 
     abuse and related services to high-risk individuals and 
     families; and $1,000,000 is for the San Francisco Department 
     of Public Health's treatment on Demand program. Within the 
     total provided, sufficient funds are included to expand the 
     residential treatment programs for pregnant and postpartum 
     women.
       The conference agreement includes $40,325,000 for 
     activities that strengthen substance abuse treatment capacity 
     in communities of color disproportionately impacted by the 
     HIV/AIDS epidemic, based on rates of new HIV infection and 
     mortality from AIDS. These funds are designed to provide 
     targeted service expansion and capacity building to minority, 
     community-based substance abuse treatment programs with a 
     history of providing services to communities of color 
     severely impacted by substance abuse and HIV/AIDS. These 
     funds are to be allocated based on program priorities 
     identified in the previous fiscal year. Funds are also 
     included to enhance state and county efforts to plan and 
     develop integrated substance abuse and HIV/AIDS treatment and 
     prevention services to communities of color. Within the funds 
     provided, $5,000,000 is for existing substance abuse 
     treatment facilities for pregnant and postpartum women and to 
     expand the program through a competitive process.
       Recent reports by NIH and the Institute of Medicine 
     recommend expansion of effective treatment approaches for 
     adolescent drug abusers. CSAT is to be commended for its work 
     in developing and testing manuals for program interventions 
     through the Cannabis Youth Treatment initiative. CSAT is 
     encouraged to expand this initiative by examining the 
     immediate and long-term outcomes across the developmental 
     period when adolescents are at risk for peak drug use, and by 
     taking steps to replicate and improve such treatment 
     approaches.
       The Norton Sound Health Corporation project for substance 
     abuse treatment services should be given full and fair 
     consideration for funding.
     Center for Substance Abuse Prevention
       The conference agreement provides $140,305,000 for 
     knowledge development and application instead of $118,910,000 
     as proposed by the House and $161,000,000 as proposed by the 
     Senate. Within the total provided: $750,000 is for the Rio 
     Arriba and Santa Fe Counties ``black tar'' heroin program; 
     $350,000 is for the Rock Island County Council on Addiction's 
     (RICCA) Healthy Youth Drug Prevention Program in Rock Island, 
     Illinois; and $3,000,000 is for a regional consortium of 
     South Dakota, North Dakota, Minnesota, and Montana to provide 
     Fetal Alcohol Syndrome services.
       The conference agreement includes $8,500,000 for activities 
     that strengthen substance abuse prevention capacity in 
     communities of color disproportionately impacted by the HIV/
     AIDS epidemic, based on rates of new HIV infection and 
     mortality from AIDS.
       The conference agreement provides $7,000,000 for high risk 
     youth grants as proposed by the Senate. The House bill 
     contained no similar provision.
     Program Management
       The conference agreement provides $59,100,000 for program 
     management instead of $53,400,000 as proposed by the House 
     and $58,900,000 as proposed by the Senate. It is intended 
     that $1,000,000 of the increase over the Administration 
     request is to support the school violence prevention 
     initiative.
       It is intended that, from within the funds reserved for 
     rural programs, $12,000,000 be allocated for CSAT grants and 
     $8,000,000 be allocated for CSAP grants.
       The conference agreement includes $3,700,000 to initiate 
     and test the effectiveness of Community Assessment and 
     Intervention Centers in providing integrated mental health 
     and substance abuse services to troubled and at-risk children 
     and youth, and their families in four Florida communities. 
     Building upon successful juvenile programs, this effort 
     responds directly to nationwide concerns about youth 
     violence, substance abuse, declining levels of service 
     availability and the inability of certain communities to 
     respond to the needs of their youth in a coordinated manner. 
     The total provided includes: $2,000,000 from mental health 
     knowledge development and application; $500,000 from 
     substance abuse prevention knowledge development and 
     application; $1,000,000 from substance abuse treatment 
     knowledge development and application; and $200,000 from 
     program management.
       The Senate recently heard testimony about pathological 
     gambling disorders and the importance of additional federal 
     research in this area as recommended by the National Gambling 
     Impact Study Commission. The Center is urged to conduct 
     demonstration projects to determine effective strategies and 
     best practices for preventing and treating pathological 
     gambling.

               Agency for Health Care Policy and Research


                    health care policy and research

       The conference agreement provides $111,424,000 in 
     appropriated funds instead of $104,403,000 as proposed by the 
     House and $19,504,000 as proposed by the Senate.
       The conference agreement designates $88,576,000 to be 
     available to the Agency under the Public Health Service one 
     percent evaluation set-aside instead of $70,647,000 as 
     proposed by the House and $191,751,000 as proposed by the 
     Senate.
       In addition, $5,000,000 previously identified by the Senate 
     report for bioterrorism activities is included in the Public 
     Health and Social Services Emergency Fund for the same 
     purpose.

                  Health Care Financing Administration


                           program management

       The conference agreement provides $1,994,548,000 for 
     program management instead of $1,752,050,000 as proposed by 
     the House and $1,991,321,000 as proposed by the Senate. The 
     House bill assumed that the Administration's user fee 
     proposal would be enacted prior to conference. An additional 
     appropriation of $630,000,000 has been provided for this 
     activity in the Health Insurance Portability and 
     Accountability Act of 1996.
       The conference agreement provides $95,000,000 for 
     Medicare+Choice as proposed by the Senate instead of 
     $15,000,000 as proposed by the House.
       The conference agreement does not include language proposed 
     by the Senate that would have allowed Medicaid and CHIP 
     funding to be interchangeable. The House bill contained no 
     similar provision.
       The conference agreement repeats language included in last 
     year's bill related to administrative fees collected relative 
     to Medicare overpayment recovery activities.
       The conference agreement does not include bill language 
     proposed by the Senate to allow appropriated funds to be used 
     to increase Medicare provider audits. The House bill 
     contained no similar provision.
     Research, Demonstration, and Evaluation
       The conference agreement provides $62,900,000 for research, 
     demonstration, and evaluation instead of $50,000,000 as 
     proposed by the House and $65,000,000 as proposed by the 
     Senate. The conference agreement includes the following 
     amounts for the following projects and activities:
       --$100,000 for Littleton Regional Hospital in New Hampshire 
     to assist in the development of rural emergency medical 
     services;
       --$250,000 for the University of Missouri-Kansas City to 
     test behavioral interventions of nursing home residents with 
     moderate to severe dementia;
       --$2,000,000 for a nursing home transition initiative;
       --$2,000,000 for a demonstration of residential and 
     outpatient treatment facilities at the AIDS Healthcare 
     Foundation in Los Angeles;
       --$3,000,000 for 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;
       --$1,000,000 to study the use of an independent informal 
     dispute resolution process in skilled nursing certification 
     and compliance surveys consistent with language contained in 
     the House and Senate reports;
       --$1,000,000 for a children's hospice care demonstration 
     program in Virginia, Florida, Kentucky, New York, and Utah to 
     provide a continuum of care for children with life-
     threatening conditions and their families;
       --$150,000 for L.A. Care Health Plan in Los Angeles, 
     California for a Medicaid outreach demonstration project;
       --$500,000 for the Partners for a Healthier Community 
     childhood immunization demonstration project at Baystate 
     Medical Center in Springfield, Massachusetts; and
       --$250,000 for the Shelby County Regional Medical Center to 
     establish a Master Patient Index to determine patient 
     Medicaid/TennCare eligibility.
       HCFA is urged to conduct a demonstration project to test 
     the potential savings to the Federal government and to the 
     Medicare program by comparing different products used for 
     diabetic wound-care treatment. Such a demonstration should 
     compare the aggregate costs of wound care treatment using 
     different wound-care gel products as well as different gel 
     application regimens.

[[Page H12412]]

       HCFA is urged to conduct a demonstration project addressing 
     the extraordinary adverse health status of native Hawaiians 
     at the Waimanalo health center exploring the use of 
     preventive and indigenous health care expertise.
       HCFA is urged to conduct a demonstration project in Hawaii 
     and Alaska to address the extraordinary adverse health status 
     and limited access to health services of the indigenous 
     people in Hawaii and Alaska natives and others residing in 
     southwest Alaska.
       There is strong concern over HCFA's failure to articulate 
     clear guidelines and set expeditious timetables for 
     consideration of new technologies, procedures and products 
     for Medicare coverage. Two particularly troubling examples 
     are HCFA's lengthy delays and failure to articulate clear 
     standards regarding Medicare coverage of positron emission 
     tomography (PET) and lung volume reduction surgery (LVRS). 
     The effect of these delays in instituting Medicare coverage 
     is to deny the benefits of these technologies and products to 
     Medicare patients. There is also concern that HCFA appears to 
     be requiring new technologies to repeat clinical trials and 
     testing already successfully completed by the new products in 
     the process of gaining FDA approval or in NIH clinical trials 
     and which serve as signals to private insurers to cover new 
     technologies. The recent creation of a 120-person advisory 
     committee to review new technologies is also of some concern 
     and it is noted that the Appropriations Committees will be 
     observing the new advisory committee to review its costs and 
     to see whether its use further delays Medicare coverage of 
     new products. Because of the possible duplication of efforts 
     among HHS agencies and related unnecessary costs to the 
     Medicare program and the Department, it is expected that the 
     Secretary will take a leadership role in resolving this 
     matter expeditiously.
       The Secretary is strongly urged to appoint a three-person 
     Medicare-Technology Consumer Advisory Committee. The 
     Committee should be appointed from among knowledgeable 
     patient advocates and members of the medical community with 
     expert knowledge of new technologies and cost-benefit 
     analysis. The new Committee should study the current HCFA 
     process for determining new coverages and should report at 
     least every six months to the Secretary, the Appropriations 
     Committees, and the general public on its findings and 
     recommendations. The Secretary is expected to report prior to 
     fiscal year 2001 appropriations hearings about its 
     recommendations on streamlining HCFA's approval process for 
     Medicare coverage of new technologies.
       If the Secretary of the Department of Health and Human 
     Services, under existing demonstration authority, chooses to 
     implement a program to improve health care access for 
     uninsured workers, the Secretary should encourage 
     applications from private, not-for-profit multi-state health 
     systems in urban and rural areas. Such multi-state systems 
     should be given special consideration if they are willing to 
     provide private matching funds to create model public-private 
     partnerships which enhance integrated systems of health care 
     for the working poor.
     Medicare contractors
       The conference agreement provides $1,244,000,000 for 
     Medicare contractors as proposed by the Senate instead of 
     $1,176,950,000 as proposed by the House. The amount provided 
     reflects HCFA's proposal to change its approach for 
     processing managed care encounter data, which will result in 
     estimated savings of $30,000,000.
     State survey and certification
       The conference agreement provides $204,674,000 for State 
     survey and certification instead of $106,000,000 as proposed 
     by the House and $204,347,000 as proposed by the Senate.
     Federal administration
       The conference agreement provides $485,000,000 for Federal 
     administration instead of $421,126,000 as proposed by the 
     House and $480,000,000 as proposed by the Senate.
       The conference agreement concurs with House report language 
     regarding its concern that the current performance evaluation 
     and recertification process for Organ Procurement 
     Organizations (OPO) may hinder the goal of increased organ 
     donations. HCFA is urged to work with and support the 
     industry in its effort to develop alternative performance 
     measures. HCFA is also urged to use existing authority to 
     extend the OPO certification period until such time as an 
     alternative process has been adopted.
       Hospices in Wichita, Kansas will be adversely affected in 
     their Medicare reimbursement in fiscal year 2000 because of 
     an error in a faulty hospital cost report in 1995, over which 
     they had no control, and because of a faulty tabulation by 
     HCFA or its fiscal intermediary. HCFA is expected to correct 
     the error in the publication of the hospice wage index for 
     the Wichita, Kansas MSA by using the July 30, 1999 hospital 
     wage index, published in the Federal Register, for the 
     current fiscal year, rather than delaying until the following 
     fiscal year, and by publishing a revised notice to reflect 
     this correction.
       In 1998, HCFA was urged to commit appropriate resources to 
     ensure the provision of ongoing training, technical 
     assistance, and quality assurance support to regional and 
     State personnel who are responsible for implementation and 
     review of Intermediate Care Facilities for the Mentally 
     Retarded (ICF/MR) and waiver programs. Seeing no progress to 
     date on this issue, and recognizing the growing concerns 
     about abuse and neglect and the use of restraints in such 
     settings, HCFA is strongly urged to ensure that staff be 
     devoted solely to ensuring quality in ICFs/MR and home and 
     community-based waivers. It is hoped that HCFA would also 
     allow for the speedy revision of the ICF/MR regulations to 
     reflect widely recognized advancements in the field and to 
     encourage more flexibility, consumer involvement and 
     direction, and community integration in meeting individual's 
     needs. The Department is requested to report within 120 days 
     on how these staffing requirements will be accommodated.

                Administration for Children and Families


  payments to states for child support enforcement and family support 
                                programs

       The conference agreement provides no extended availability 
     of funds proposed by the Senate. The House bill proposed no 
     extended availability.


                   low income home energy assistance

       The conference agreement includes language proposed by the 
     House designating that the $1,100,000,000 appropriated for 
     LIHEAP for FY 2000 in the FY 1999 appropriations act is an 
     emergency under the Budget Act and requiring that such funds 
     be allocated in accordance with the statutory formula. The 
     Senate bill contained no such language. The agreement also 
     includes the House legal citation to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act.


                     refugee and entrant assistance

       The conference agreement appropriates $426,505,000, instead 
     of $423,500,000 as proposed by the House and $430,500,000 as 
     proposed by the Senate. The agreement provides for an annual 
     appropriation as proposed by the House instead of three-year 
     availability of funds proposed by the Senate. In the case of 
     the Torture Victims Relief Act funds, the agreement provides 
     for an annual appropriation as proposed by the House instead 
     of the funds remaining available until expended proposed 
     by the Senate.
       In addition, the conference agreement includes language not 
     contained in either bill that designates all funding in this 
     account as an emergency requirement under the Budget Act.
       The conference agreement includes $20,000,000 from 
     carryover funds that are to be used under social services to 
     increase educational support to schools with a significant 
     proportion of refugee children and for the development of 
     alternative cash assistance programs that involve case 
     management approaches to improve resettlement outcomes. Such 
     support should include intensive English language training 
     and cultural assimilation programs.
       The agreement also includes $26,000,000 for increased 
     support to communities with large concentrations of refugees 
     whose cultural differences make assimilation especially 
     difficult justifying a more intense level and longer duration 
     of Federal assistance.


                 Child Care and Development Block Grant

       The conference agreement appropriates $1,182,672,000 as an 
     advance appropriation for fiscal year 2001, instead of 
     $2,000,000,000 as proposed by the Senate. The agreement 
     further provides that $19,120,000 shall be for child care 
     resource and referral and school-aged child care activities 
     as proposed by the Senate. The House bill had no 
     appropriation for this account.
       The conference agreement includes language to require the 
     States to use $172,672,000 above the amount required by the 
     basic law for activities that improve the quality of child 
     care for fiscal year 2001. The basic law requires that not 
     more than four percent of the approporation be used for such 
     activites. Neither the House nor the Senate bill included 
     such language.
       The conference agreement includes $500,000 for a toll-free 
     child care services program hotline to be operated by Child 
     Care Aware.
       States are encouraged to create or enhance systems of care 
     that support and educate families expecting a baby or with 
     young children, and help them understand that day-to-day 
     interaction with children helps them develop cognitively, 
     socially, physically and emotionally. Many states have 
     already created state and local collaboratives that 
     coordinate early childhood development, and these efforts are 
     to be commended.
       In the case of states that have yet to initiate such 
     coordination, they are encouraged to look at best practices 
     from across the country. The National Governors Association 
     has developed goals, model indicators, and measures of 
     performance to help states focus on improving the conditions 
     of young children and their families. The State of Ohio has a 
     successful initiative known as Family and Children First that 
     could serve as a model. All states are encouraged to continue 
     to develop and expand healthy early childhood systems of 
     care.


                      Social Services Block Grant

       The conference agreement includes $1,775,000,000, instead 
     of $1,909,000,000 as proposed by the House and $1,050,000,000 
     as proposed by the Senate. The agreement does not include the 
     provision in the House or Senate bills that limits the 
     ability of States to transfer TANF funds to the Social 
     Services Block Grant to 4.25 percent or 5 percent, 
     respectively.
       The conference agreement does not include section 216 of 
     the Senate bill which increased the appropriation to 
     $2,380,000,000 but specified that $1,330,000,000 of that 
     amount would

[[Page H12413]]

     not become available for obligation until fiscal year 2001 
     and that the amount available for allocation to States in 
     fiscal year 2001 would be $3,030,000,000. The House had no 
     similar provision.


                Children and Families Services Programs

                        (including rescissions)

       The conference agreement appropriates $6,835,133,000, 
     instead of $6,240,216,000 as proposed by the House and 
     $6,789,635,000 as proposed by the Senate. In addition, the 
     agreement rescinds $21,000,000 from permanent appropriations 
     as proposed by the House.
       The agreement includes an advance appropriation of 
     $1,400,000,000 for Head Start for fiscal year 2001 as 
     proposed by the House instead of $1,900,000,000 proposed by 
     the Senate. The agreement also includes $1,700,000,000 
     designated as an emergency.
       An amount of $10,000,000 is included under social services 
     and income maintenance research for establishing Individual 
     Development Accounts. The House proposed to fund this as a 
     separate line item.
       The Hull House Association's Neighbor to Neighbor (NTN) 
     program in Chicago and Florida provides specialized placement 
     and family services for sibling groups, keeping such children 
     together, placed within their community, and stabilized in 
     one foster home. Outcomes for this program have been 
     noteworthy, including high rates of family reunification, 
     placement stability and foster parent retention. The 
     conference agreement includes $500,000 to support the 
     Association's project to provide training, technical 
     assistance and implementation assistance to establishment of 
     NTN programs within public and private foster care agencies 
     in other states and localities.
       The conference agreement includes language not contained in 
     either House or Senate bills that requires the Department to 
     establish certain procedures regarding the disposition of 
     intangible property in the community economic development 
     program under the Community Services Block Grant Act.
       There is awareness of efforts by the state information 
     technology consortium to identify best practices with regard 
     to implementing Temporary Assistance to Needy Families, 
     including best practices developed by states, the federal 
     government, and the private sector. The next phase of this 
     effort will enable states to discern which best practices are 
     appropriate for their particular needs, then work with the 
     consortium to implement those practices. Continuation of this 
     effort at the current level of support is urged.
       It is important that the Congress determine the economic 
     status of former recipients of Temporary Assistance to Needy 
     Families, and the conference agreement provides funds to 
     support such research and evaluation.
       Head Start grantees may use their basic grant funds, 
     quality funds, and expansion funds for minor renovations and 
     rehabilitation of existing Head Start facilities. The 
     Secretary is urged to give special attention to Native 
     American communities with particular needs, including the 
     Alaskan communities of Chevak, Napakiak, Haines, Marshall, 
     Noorvik, Selawik, Pilot Station, Hooper Bay, and Dillingham.
       Within the funds provided for Runaway Youth--Transitional 
     Living, the conference agreement includes $500,000 for the 
     House of Mercy in Des Moines, Iowa; $250,000 for the 
     Briarpatch Transitional Living Facility of Madison, Wisconsin 
     to provide housing and support services to homeless teens; 
     $150,000 for the Larkin Street Youth center in San Francisco, 
     California to provide interim housing and comprehensive 
     support services; $150,000 for the Casa Libertad Transitional 
     Living Program for homeless youths in Santa Fe, New Mexico; 
     and $250,000 for the New Avenues for Youth demographic 
     database project in Oregon to improve services delivery to 
     homeless youths.
       Within the funds provided for child abuse prevention 
     programs, the conference agreement includes $1,000,000 for a 
     one-stop shopping demonstration for Catholic Social Services 
     in Juneau, Alaska; $2,000,000 for the Healthy Beginnings 
     Program in Alaska; $500,000 for Children's Advocacy Services 
     Center of Greater St. Louis; $50,000 for the Taos Community 
     Against Violence for ongoing services for children and 
     victims of domestic violence; $600,000 for the Start Right 
     program in Marathon County, Wisconsin; and $1,000,000 for the 
     University of Louisville, Center for Research in Early 
     Childhood Development.
       Within the funds provided for Native American programs, the 
     conference agreement includes $700,000 for the Cook Inlet 
     Tribal Council, Inc. and $300,000 for Kawerak, Inc.
       The conference agreement includes $2,000,000 for the Public 
     Children Services Association of Ohio to build a multi-State 
     grassroots network that results in a State infrastructure of 
     local child protection agencies.
       The conference agreement includes $400,000 for the National 
     Adoption Center to develop a national adoption photo listing 
     service on the Internet.
       Within the funds provided for developmental disabilities, 
     projects of national significance, the conference agreement 
     includes $1,000,000 for the Sertoma Center in Knoxville, 
     Tennessee to work in conjunction with other entities to 
     develop a training regime for providers of services for the 
     developmentally disabled.


                   Promoting Safe and Stable Families

       The conference agreement changes the name of this 
     appropriation account to ``Promoting Safe and Stable 
     Families'' as proposed by the Senate instead of ``Family 
     Preservation and Support'' proposed by the House.


       Payments to States for Foster Care and Adoption Assistance

       The conference agreement appropriates $4,307,300,000 as 
     proposed by the House instead of $4,312,300,000 as proposed 
     by the Senate.

                        Administration on Aging


                        Aging Services Programs

       The conference agreement appropriates $934,285,000, instead 
     of $881,976,000 as proposed by the House and $942,355,000 as 
     proposed by the Senate. The agreement includes a legal 
     citation as proposed by the Senate with respect to the 
     Alzheimer's initiative.
       The conference agreement includes the following amounts 
     under aging research and training:
       --$3,000,000 for social research into Alzheimer's disease 
     care options, best practices and other Alzheimer's research 
     priorities as specified in the House Report
       --$10,000,000 for the ``Senior Waste Patrol'' pilot project 
     to determine the most effective means of eliminating Medicare 
     fraud, waste and abuse
       --$2,000,000 for the Texas Tech University Center for 
     Healthy Aging
       --$500,000 for the West Virginia University Rural Aging 
     Project
       --$850,000 for Elder Services, Inc. in Middlebury, Vermont
       --$2,200,000 for the Anchorage, Alaska Senior Center
       --$450,000 for the Deaconess Billings Clinic Northwest Area 
     Center for Aging in Montana
       --$1,000,000 for Family Friends
       --$100,000 for the Nevada Rural Counties Retired and Senior 
     Volunteer Home Companion Program to provide services to 
     homebound elderly in rural areas
       $600,000 to establish the National Senior Housing Center in 
     Maryland
       $500,000 for the Community Programs Center of Long Island, 
     Port Jefferson facility to provide intergenerational day care 
     services
       $120,000 for Marathon County, Wisconsin to provide respite 
     care services
       $40,000 for Norwalk, California to provide adult day-care 
     services for individuals with Alzheimer's Disease
       $1,000,000 for the Oregon Health Sciences University's 
     demonstration project in Healthy Aging aimed at providing 
     preventive counseling and improved coordination and access to 
     primary care services
       $500,000 for the Santa Clara Pueblo Elder Care Center
       $50,000 for the San Luis Obispo Medical Society for the 
     Volunteers in Health Care program for seniors
       $350,000 for Christmas in April for housing services for 
     low-income seniors
       $700,000 for the National Resource Centers on Native 
     American Aging at the University of North Dakota and the 
     University of Colorado
       Within the funds provided for state and local innovations/
     projects of national significance, the conference agreement 
     intends that funds be used for ongoing projects scheduled for 
     refunding in FY 2000.
       Nearly one in four American households is currently 
     involved in family caregiving to elderly relatives or 
     friends. The Administration on Aging should give full and 
     fair consideration to a demonstration and evaluation of the 
     Metropolitan Family Services' community-based program that 
     builds on the strengths of families to provide cost-effective 
     and high quality care.

                        Office of the Secretary

                    general departmental management

       The conference agreement appropriates $232,902,000, instead 
     of $227,787,000 as proposed by the House and $189,420,000 as 
     proposed by the Senate. To the extent that any staffing 
     reductions are required to implement the conference 
     agreement the Secretary should make the reductions in such 
     overhead areas as the immediate office of the Secretary, 
     public affairs, Congressional affairs, and 
     intergovernmental affairs.
       The agreement includes $1,500,000 for the United States-
     Mexico Border Health Commission. The conference agreement 
     concurs with the Senate Report language concerning the human 
     services transportation technical assistance program. It also 
     concurs with the Senate Report language concerning the amount 
     available for a public education campaign on osteoporosis in 
     the Office on Women's Health.
       The conference agreement includes $9,700,000 within the 
     Office of Minority Health to fund activities that are 
     designed to address the trend of the HIV/AIDS epidemic in 
     communities of color based on rates of new infections and 
     mortality from AIDS. These funds are to be allocated based on 
     program priorities identified in the previous fiscal year, 
     which include support for the Minority Community Coalition 
     Demonstration Grants program, including the Bilingual/
     Bicultural Demonstrations Grants Program targeted to fund 
     HIV/AIDS prevention activities by minority organizations. 
     Funds are also provided to target national, regional and 
     local minority organizations with a history of service and 
     development to communities of color to provide technical 
     assistance and to expand the National Minority Organization/
     Cooperative Agreement Program. Funds have been provided to 
     expand

[[Page H12414]]

     and strengthen contracts with HBCUs and HSIs to provide 
     funding to minority behavioral scientists to enhance the 
     implementation of research-based prevention activities for 
     disease prevention, health promotion and HIV/AIDS in 
     conjunction with community organizations targeting minority 
     populations.
       The conference agreement includes language proposed by the 
     House that earmarks $450,000 for a contract with the National 
     Academy of Sciences to conduct a study of OSHA's proposed 
     rule relating to occupational exposure to tuberculosis. The 
     study should address the following questions:
       1. Are health care workers at a greater risk of infection, 
     disease, and mortality due to tuberculosis than the general 
     community within which they reside? If so, what is the excess 
     risk due to occupational exposure?
       2. Can the occupationally acquired risk be quantified for 
     different work environments, different job classifications, 
     etc., as a result of implementation of the 1994 Centers for 
     Disease Control and Prevention (CDC) guidelines for the 
     prevention of tuberculosis transmission at the worksite or 
     the implementation of specific parts of the CDC guidelines?
       3. What effect will the implementation of OSHA's proposed 
     tuberculosis standard have in minimizing or eliminating the 
     risk of infection, disease, and mortality due to 
     tuberculosis?
       The agreement includes language as proposed by the Senate 
     setting aside $10,569,000 under the adolescent family life 
     program for activities specified under Sec. 2003(b)(2) of the 
     Public Health Service Act, of which $9,131,000 shall be for 
     prevention grants under Sec. 510(b)(2) of the Social Security 
     Act, without application of the limitation of Sec. 2010(c) of 
     the Public Health Service Act. The House bill had no similar 
     provision.
       With respect to the advance appropriation of $20,000,000 
     for title XX of the Public Health Service Act, it is intended 
     that these funds be used for grants to organizations that 
     clearly and consistently focus on abstinence for preventing 
     STD's and unwanted pregnancy. [Abstinence shall have the same 
     meaning as in Public Law 104-193, title IX, section 912.] 
     Grants to these organizations should focus on training 
     persons as abstinence instructors and on providing actual 
     presentations to youth at vulnerable ages (grades 7 through 
     12). The Department shall hold competition for these 
     grants during the regular grant cycle in fiscal year 2000 
     and issue these grants at the beginning of fiscal year 
     2001.
       The conference agreement concurs with the language in the 
     House Report relating to an Institute of Medicine study on 
     ethnic bias in medicine.
       Sufficient funds are available to continue the inner city 
     childhood asthma project at the Children's Hospital of 
     Philadelphia.
       It is understood that the screening of blood and blood 
     products could be improved through the use of nucleic acid 
     testing (NAT) to better detect known infectious diseases such 
     as Human Immunodeficiency Virus (HIV-1) and Hepatitis C virus 
     (HCV). The National Heart, Lung and Blood Institute in the 
     National Institutes of Health has contracted with private 
     companies to develop fully automated NAT tests for HIV-1 and 
     HCV. In view of NIH's financial commitment to NAT and the 
     approval of NAT in other countries, the Public Health Service 
     Blood Safety Committee, chaired by the Surgeon General/
     Assistant Secretary for Health, is urged to encourage the 
     adoption of these screening tools for individual donor 
     testing of blood and plasma.
       The conference agreement includes language proposed by the 
     Senate modified to earmark $500,000 to be utilized by the 
     Surgeon General to prepare and disseminate the findings of 
     the Surgeon General's report on youth violence and to 
     coordinate with other agencies activities to prevent youth 
     violence. The House bill had no similar provision.
       The conference agreement also includes the following 
     amounts for the following projects:
       --$100,000 for Tomorrow's Child, a program to support and 
     educate first time pregnant adolescents, their families and 
     communities
       --$2,000,000 for the Lawton Chiles Foundation of Florida
       --$1,000,000 for the Albert Einstein Medical Center LIFE 
     elderly care model
       --$500,000 for the Thomas Jefferson University Hospital 
     alternative medicine program
       --$500,000 for the Thomas Jefferson University Hospital 
     sickle cell program
       --$1,250,000 for the CORE Center at Cook County Hospital in 
     Chicago to develop a model HIV/AIDS Education and Training 
     Center.


                      Office of Inspector General

       The conference agreement appropriates $31,500,000, instead 
     of $29,000,000 as proposed by the House and $35,000,000 as 
     proposed by the Senate. The agreement does not include 
     language proposed by the House to limit the amount of funds 
     available to the Inspector General in FY 2000 under the 
     Health Insurance Portability and Accountability Act of 1996 
     (HIPAA) to no more than $100,000,000, the same amount as in 
     FY 1999. The Senate bill had no similar provision.
       Sufficient funds are available to initiate activities in 
     Pittsburgh, PA as mentioned in the Senate Report.


                        Office for Civil Rights

       The conference agreement appropriates $22,152,000, instead 
     of $20,652,000 as proposed by the House and $22,159,000 as 
     proposed by the Senate.


                            Policy Research

       The conference agreement appropriates $17,000,000, instead 
     of $15,000,000 as proposed by the Senate and $14,000,000 as 
     proposed by the House. The agreement includes $850,000 for 
     the East St. Louis Center operated by Southern Illinois 
     University to analyze problems faced by health service 
     providers in administering multiple sources of funding.
         The conference agreement includes $7,150,000 to continue 
     the study of the outcomes of welfare reform. It is 
     recommended that this effort includes the collection and use 
     of state-specific surveys and state and federal 
     administrative data. The study should focus on improving the 
     capabilities and comparability of data collection efforts and 
     developing and reporting reliable State-by-State measures of 
     family hardship and well-being and of the utilization of 
     other support programs. The study should measure outcomes for 
     a broad population of low-income families, welfare 
     recipients, former recipients, potential recipients, and 
     other special populations affected by state TANF policies, 
     including diversion practices. The conference agreement 
     includes sufficient funds to continue supporting efforts at 
     Iowa State University to develop state-level data on low-
     income families that can be integrated with national data 
     collection efforts. A report is to be submitted to the 
     Appropriations Committees within nine months.


            Public Health and Social Services Emergency Fund

       The conference agreement provides $583,600,000 for the 
     Public Health and Social Services Emergency Fund instead of 
     $391,833,000 as proposed by the House and $475,000,000 as 
     proposed by the Senate. The conference agreement also 
     includes a provision that these funds shall be made available 
     only upon submission of a budget request designating the 
     entire amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985 as 
     proposed by the House. The Senate bill did not propose this 
     account as an emergency.
       The amount provided includes $229,000,000 for the Centers 
     for Disease Control and Prevention. Included in this amount 
     is $155,000,000 for the following bioterrorism activities:
       --$1,000,000 to enhance technical capabilities to identify 
     certain biological agents;
       --$1,000,000 for the Noble Army Hospital of Alabama 
     bioterrorism program;
       --$2,000,000 to assist States in developing emergency 
     preparedness plans;
       --$2,000,000 for public health training centers;
       --$2,000,000 to discover, develop, and transition anti-
     infective agents to combat emerging diseases;
       --$2,000,000 to expand epidemiological intelligence 
     service;
       --$4,000,000 for conducting independent studies of health 
     and bioterrorism threats, of which $1,000,000 is for the 
     Carnegie Mellon Research Institute, $1,000,000 is for the St. 
     Louis University School of Public Health, $1,000,000 is for 
     the University of Texas Medical Branch at Galveston; and 
     $1,000,000 is for the Johns Hopkins University Center for 
     Civilian Biodefense;
       --$5,000,000 to develop rapid toxic screening;
       --$7,000,000 to strengthen State and local epidemiological 
     and surveillance capacity;
       --$8,400,000 to better identify potential biological and 
     chemical terrorism agents;
       --$9,000,000 to develop new sources and methods for 
     surveillance;
       --$9,600,000 for regional laboratories for measuring 
     biological and chemical agents;
       --$20,000,000 for infectious diseases emergency 
     preparedness and response, including the National Electronic 
     Disease Surveillance System;
       --$30,000,000 for a national health alert network; and
       --$52,000,000 for a pharmaceutical and vaccine stockpile.
       The remaining $74,000,000 is provided for the following 
     activities: $5,000,000 for the environmental health 
     laboratory; and $69,000,000 for a global health initiative, 
     of which $5,000,000 is for micronutrient malnutrition 
     programs; $9,000,000 is for malaria programs; $20,000,000 is 
     for polio eradication activities; and $35,000,000 is for 
     international HIV/AIDS programs.
       The amount provided also includes: $30,000,000 for the 
     Office of the Secretary, $24,600,000 for the Office of 
     Emergency Preparedness, and $5,000,000 for the Agency for 
     Health Care Policy and Research for bioterrorism activities; 
     $20,000,000 for NIH Challenge Grants; $50,000,000, within the 
     Office of the Secretary, for HIV/AIDS activities that 
     strengthen the medical treatment and HIV prevention capacity 
     within communities of color disproportionately impacted by 
     the HIV/AIDs epidemic, based on rates of new HIV infection 
     and mortality from AIDS. These funds are available to 
     entities that target a specific minority group or multi-
     ethnic minority populations that are heavily impacted by HIV/
     AIDS, and are to compliment existing and planned HIV/AIDS 
     activities in communities of color; $75,000,000 for Ricky Ray 
     Hemophilia Relief Fund Act within the Health Resources and 
     Services Administration, of which $10,000,000 is for program 
     administration; and $150,000,000 for Y2K activities at the 
     Health Care Financing Administration.
       Within the increase provided to NIH, sufficient funds are 
     available for global health

[[Page H12415]]

     initiative activities identified in the Senate report.

                           General Provisions


                       NIH and SAMHSA Salary Cap

       The conference agreement includes a provision limiting the 
     use of the National Institutes of Health and the Substance 
     Abuse and Mental Health Services Administration funds to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate not to exceed Level II of the 
     Executive Schedule instead of Level III as proposed by the 
     Senate. The House bill contained no similar provision.


                           Transfer Authority

       The conference agreement includes a provision proposed by 
     the House to prohibit any appropriation from increasing by 
     more than three percent as a result of use of the Secretary's 
     one percent transfer authority. The Senate bill contained a 
     similar provision except it exempted the Public Health and 
     Social Services Emergency Fund.


                      Organ Allocation Final Rule

       The conference agreement includes a provision delaying the 
     effective date of the Department's final rule entitled, 
     ``Organ Procurement and Transplanation Network (OPTN),'' 
     promulgated by the Secretary of Health and Human Services on 
     April 2, 1998 (63 FR 16295 et. seq.) (relating to part 121 of 
     Title 42, Code of Federal Regulations), together with 
     amendments to such rule promulgated on October 20, 1999 (64 
     FR 56649 et seq.). The amended final rule shall not become 
     effective before the expiration of the 42 day period 
     beginning on the date of enactment of this Act.
       It is intended that the Secretary will continue discussions 
     with the OPTN and other representatives of the transplant 
     community for 21 days after enactment of this Act concerning 
     the provisions of the amended final rule. It is also intended 
     that the Secretary shall spend an additional 21 days 
     considering the issues raised in those discussions before the 
     amended final rule becomes effective. It is intended that 
     this shall be the final delay of the rule.


             Substance Abuse Block Grant Formula Allocation

       The conference agreement includes a provision proposed by 
     the House to provide each State with the same funding level 
     in fiscal year 2000 as it received in fiscal year 1999. The 
     Senate bill contained a similar provision except it was based 
     on an increased appropriation amount.


              Extension of Certain Adjudication Provisions

       The conference agreement includes a provision proposed by 
     the Senate to extend the refugee status for persecuted 
     religious groups. The House bill contained no similar 
     provision.


           Medicare Competitive Pricing Demonstration Project

       The conference agreement includes a provision proposed by 
     the Senate to prohibit funding to implement or administer the 
     Medicare Prepaid Competitive Pricing Demonstration Project in 
     Arizona or in Kansas City, Missouri or in the Kansas City, 
     Kansas area. The House bill contained no similar provision.


                          Delayed Obligations

       The conference agreement includes a provision to delay the 
     obligation of $3,000,000,000 of NIH funds; $450,000,000 of 
     HRSA funds; $500,000,000 of CDC funds; $200,000,000 of SAMHSA 
     funds; $425,000,000 of Social Services Block Grant funds; and 
     $400,000,000 of Children and Families Services funds until 
     September 29, 2000. The Senate bill contained a provision to 
     delay the obligation of $3,000,000,000 of NIH funds until 
     September 29, 2000. The House bill contained no similar 
     provision.


      Sense of the Senate Regarding Diabetes Awareness and Funding

       The conference agreement deletes without prejudice a sense 
     of the Senate provision regarding diabetes awareness and 
     support for increased diabetes research funding. The House 
     bill contained no similar provision.


   Study of the Geographic Adjustment Factors in the Medicare Program

       The conference agreement includes a provision proposed by 
     the Senate to require the Secretary of HHS to conduct a study 
     on appropriateness of the geographic adjustment factors used 
     to determine the amount of payment for physicians' services 
     under the Medicare program in New Mexico, Arizona, Colorado, 
     and Texas and the effect these factors have on recruitment 
     and retention of physicians in small rural States. The 
     House bill contained no similar provision.


                  Dental Sealant Demonstration Program

       The conference agreement deletes a provision proposed by 
     the Senate to establish a multi-State dental sealant 
     demonstration program. The House bill contained no similar 
     provision. The agreement includes sufficient funds within the 
     Maternal and Child Health block grant to initiate such a 
     program.


                  Withholding of Substance Abuse Funds

       The conference agreement includes a provision proposed by 
     the Senate to allow a State to avoid a penalty under section 
     1926 of the Public Health Service Act (commonly known as the 
     Synar Amendment) if the State agrees to commit new State 
     funding to help ensure compliance with State laws prohibiting 
     youth purchase of tobacco products. It is noted that the 
     provision applies only for fiscal year 2000 and States are 
     expected to continue to try to meet the established Synar 
     Amendment targets for enforcement of their youth tobacco 
     laws. It is also noted that there is increasing sentiment 
     that the Synar Amendment needs to be reexamined and all 
     concerned parties are encouraged to work toward a compromise 
     solution next year with the appropriate authorizing 
     committees. The provision allows the Secretary to exercise 
     discretion in enforcing the timing of the new State 
     expenditures in order to provide flexibility to States that 
     do not immediately have available funds for this purpose. It 
     is expected that within 30 days of accepting an agreement to 
     increase funding for enforcement, the State will provide a 
     report to the Secretary of all State resources spent in 
     fiscal year 1999 on enforcement of the State law by program 
     activity and by May 15, 2000, a report on FY 2000 obligations 
     regarding enforcement unless otherwise negotiated by the 
     Secretary. The Secretary shall deliver the findings of these 
     reports to Congress. The language provides the Secretary 
     authority to permit a State to commit an amount smaller than 
     its formula amount as described in subsection (b) in order to 
     recognize that an individual state may have been granted 
     ``delayed applicability'' status under the Synar Amendment by 
     the Substance Abuse and Mental Health Services 
     Administration.


                   Medicare Injectable Drug Coverage

       The conference agreement includes a provision not proposed 
     by either House or Senate related to Medicare injectable drug 
     coverage. There is concern that an August 13, 1997 memorandum 
     and subsequent interpretations will inappropriately restrict 
     beneficiary access to injectable drugs that are and have been 
     covered by the Medicare program. It is noted that for many 
     years, Medicare policy (as stated in Section 2049.2 of the 
     Medicare Carriers Manual) has allowed coverage of a drug or 
     biological administered incident to a physician's service 
     where the product is one that is not usually self-
     administered by the patient. It is intended that HCFA 
     continue to cover such products under Social Security Act 
     section 1861(s)(2) and communicate this policy through a 
     program memorandum to all HCFA regional offices. HCFA is 
     directed to obtain public input on this matter by holding at 
     least two regional ``town hall meetings'' to give interested 
     organizations and individuals an opportunity to share their 
     thoughts and concerns on the issue of reimbursement for 
     interjectable drugs.


                       National Cancer Institute

       The conference agreement includes a provision to allow the 
     Cancer Therapy and Research Center in San Antonio, Texas to 
     continue to use prior year construction grant funding without 
     fiscal year limitation.


                            Childhood Asthma

       The conference agreement deletes a provision proposed by 
     the Senate to provide an earmark of $8,706,000 for the asthma 
     prevention program on October 1, 2000. The House bill 
     contained no similar provision. The conference agreement 
     includes $11,294,053 for asthma prevention as part of the 
     Centers for Disease Control and Prevention.


                Study of Vaccines for Biological Agents

       The conference agreement transfers $20,000,000 from the 
     National Institutes of Health (NIH) to the Centers for 
     Disease Control and Prevention (CDC) for a collaborative 
     effort to study the safety and efficacy of vaccines used 
     against biological agents. The study would address: (1) the 
     risk factors for adverse events, including differences in 
     rates of adverse events between men and women; (2) 
     determining immunological correlates of protection and 
     documenting vaccine efficacy; and (3) optimizing the 
     vaccination schedule and administration to assure efficacy 
     while minimizing the number of doses required and the 
     occurrence of adverse events. It is intended that NIH, CDC, 
     and the Department of Defense will fully cooperate in this 
     effort.


                           Title II Citation

       The conference agreement includes a provision proposed by 
     the House to cite title II as the ``Department of Health and 
     Human Services Appropriations Act, 2000''. The Senate bill 
     contained no similar provision.

                   TITLE III--DEPARTMENT OF EDUCATION

                            Education Reform

       The conference agreement includes $1,768,370,000 for 
     Education Reform, instead of the $800,100,000 proposed by the 
     House and $1,655,600,000 as proposed by the Senate. The 
     agreement does not include advance funding of $344,625,000 as 
     proposed by the Senate. The House had no similar provision.
     Goals 2000
       For Goals 2000, the conference agreement provides 
     $491,000,000. The Senate provided $494,000,000. The House 
     proposed no funding for this program. This amount includes 
     $458,000,000 for state grants, instead of $461,000,000 as 
     proposed by the Senate. The House proposed no funding for 
     this program. For parental assistance, the conference 
     agreement includes $33,000,000, the same level as in the 
     Senate bill. The House did not propose funding for this 
     program.
     School-to-Work Opportunities
       The conference agreement provides $55,000,000 for School-
     to-Work Opportunities, the same amount provided by the 
     Senate. The House provided no funding for this program.

[[Page H12416]]

     Education technology
       For education technology, the conference agreement provides 
     $768,660,000. The Senate provided $706,600,000. The House 
     proposed $500,100,000.
     Technology Literacy Challenge Fund
       For the Technology Literacy Challenge Fund, the conference 
     agreement includes $425,000,000 proposed by the Senate. The 
     House provided $375,000,000.
     Technology Innovation Challenge Grants
       For the Technology Innovation Challenge Grants, the 
     conference agreement provides $148,660,000. Both the House 
     and the Senate provided $115,100,000. Within the amount 
     provided for Technology Innovation Challenge Grants, the 
     conference report specifies funding for the following 
     activities:

Houston Independent School District for technology infrastructu$500,000
Long Island 21st Century Technology and E-Commerce Alliance.....300,000
I CAN LEARN...................................................8,000,000
Linking Education Technology and Educational Reform (LINKS) for 
  educational technology......................................3,000,000
Center for Advanced Research and Technology (CART) for comprehensive 
  secondary education reform..................................1,000,000
Vaughn Reno Starks Community Center in Elizabethtown, KY for a 
  technology program............................................250,000
Wyandanch Compel Youth Academy Educational Assistance Program in New 
  York..........................................................125,000
Hi-Technology High School in San Bernardino County, California for 
  technology enhancement......................................3,000,000
Montana State University-Billings for a distance learning initia800,000
Tupelo School District in MS for technology innovation........2,000,000
Seton Hill College in Greensburg, PA for a model education 
  technology training program.................................1,000,000
University of Alaska-Fairbanks..................................500,000
North East Vocational Area Cooperative in WA for a multi-district 
  technology education center.................................1,000,000
University of Vermont for the Vermont Learning Gateway Program..400,000
State University of New Jersey for the RUNet 2000 project at Rutgers 
  for an integrated voice-video-data network to link students, 
  faculty and administration via a high-speed, broad band fiber 
  optic network...............................................2,500,000
Iowa Area Education Agency 13 for a public/private partnership to 
  demonstrate the effective use of technology in grades one through 
  three.........................................................500,000
Louisville Deaf Oral School for technology enhancements.........235,000
Bibb County Board of Education for technology enhancements.......50,000
Calhoun County Board of Education for technology enhancements....50,000
Chambers County Board of Education for technology enhancements...50,000
Chilton County Board of Education for technology enhancements....50,000
Clay County Board of Education for technology enhancements.......50,000
Cleburne County Board of Education for technology enhancements...50,000
Coosa County Board of Education for technology enhancements......50,000
Lee County Board of Education for technology enhancements........50,000
Macon County Board of Education for technology enhancements......50,000
St. Clair County Board of Education for technology enhancements..50,000
Talladega County Board of Education for technology enhancements..50,000
Tallapoosa County Board of Education for technology enhancements.50,000
Randolph County Board of Education for technology enhancements...50,000
Russell County Board of Education for technology enhancements....50,000
Alexander City Board of Education for technology enhancements....50,000
Anniston City Board of Education for technology enhancements.....50,000
Lanett City Board of Education for technology enhancements.......50,000
Pell City Board of Education for technology enhancements.........50,000
Roanoke City Board of Education for technology enhancements......50,000
Talledega City Board of Education for technology enhancements....50,000
University of Alaska at Anchorage for distance learning educatio900,000
Alaska Department of Education for the Alaska State Distance 
  Education Technology Consortium...............................200,000
Mansfield University to continue a technology demonstration.....500,000
Math, Science and Technology Academy of the Chicago Public Schools 
  to establish a curriculum of math, science and technology.....250,000
Prairie Hills, Illinois Elementary School District 144 for a public/
  private teacher technology training program...................500,000
Adelphi University, New York Information Commons distance learning 
  project.....................................................1,000,000
Oakland, California School District to support distance education 
  initiative....................................................250,000
Augsburg College Richard Green Institute and Twin Cities Public 
  Television to demonstrate interactive technology in educating 
  teachers and parents in the utilization of media innovations in 
  the classroom...............................................1,000,000
Santa Barbara Industry Education Council in California to provide 
  technology education to area students and teachers............100,000
Providence Public School System, in partnership with the 
  Metropolitan Regional Career and Technical Center, for Project 
  Family Net to provide computer technology training and support to 
  children and their parents....................................250,000
Kennedy Krieger Career and Technology Center in Maryland for a 
  distance learning project.....................................800,000
Nebraska Community College for educational technology...........200,000
     Regional technology in education consortia
       For Regional technology in education consortia, the 
     conference agreement includes $10,000,000 proposed by the 
     Senate. The House provided no funding for this program.
     National activities
       The conference agreement includes $109,500,000 for 
     education technology initiatives funded under National 
     Activities: $75,000 for teacher training in technology as 
     proposed by the Senate, $32,500,000 to establish computer 
     learning centers in low-income communities, and $2,000,000 
     for national technology leadership activities as proposed by 
     the Senate. The House and the Senate both proposed 
     $10,000,000 for Community Based Technology Centers. The House 
     proposed no funding for other programs within this account.
     Star Schools
       For Star Schools, the conference agreement provides 
     $51,000,000. The Senate bill provided $45,000,000. The House 
     bill provided no funding for this program. Within the amount 
     provided for Star Schools, the conference report specifies 
     funding for the following activities:

Technology Literacy Center at the Museum of Science & Industry, 
  Chicago......................................................$750,000
Oklahoma State University for an on-line math and science training 
  program.....................................................1,000,000
Continuation and expansion of the Iowa Communications network 
  statewide fiber optic demonstration.........................4,000,000
WinstonNet distance learning project in Winston-Salem, North 
  Carolina......................................................250,000
     Ready to learn television
       The conference agreement provides $16,000,000 as proposed 
     by the Senate. The House proposed no funds. The conference 
     agreement notes that only $3,369,913 of the $25,000,000 
     appropriated for this program since fiscal year 1997 have 
     been outlayed to date. The conference agreement accordingly 
     directs the Corporation for Public Broadcasting, in 
     consultation with the Department of Education and the Public 
     Broadcasting Service, to report to the Appropriations 
     Committees in the House and the Senate during each quarter of 
     fiscal year 2000 the amount of funds obligated and 
     outlayed from each of the fiscal years 1997, 1998, 1999 
     and 2000 appropriations, the dates on which outlays occur 
     during fiscal year 2000 and the specific uses to which 
     such outlays are put.
     Telecommunications demonstration project for mathematics
       The conference agreement provides $8,500,000 for 
     telecommunications demonstration project for mathematics as 
     proposed by the Senate. The House proposed no funds.
     21st Century Learning Centers
       The conference agreement includes $453,710,000 for the 21st 
     Century Learning Centers instead of $300,000,000 proposed by 
     the House and $400,000,000 proposed by the Senate. Within the 
     amount provided, the conference report specifies funding for 
     the following activities:

Study Partners Program, Inc. in Louisville, KY...................$6,000
Shawnee Gardens Tenants Association Inc. in Louisville, KY.......12,000
100 Black Men of Louisville, KY for a mentoring program..........12,000
Omaha Nebraska Public Schools for the OPS 21st Century Learning 
  Grant.........................................................500,000
Plymouth Renewal Center in Kentucky for a tutoring program.......25,000

[[Page H12417]]

Canaan Community Development Corporation's Village Learning Center 
  Program........................................................25,000
St. Stephen Life Center After School Program.....................25,000
Louisville Central Community Centers Youth Education Program.....25,000
Trinity Family Life Center tutoring program......................15,000
New Zion Community Development Foundation, Inc. after school 
  mentoring program..............................................15,000
St. Joseph Catholic Orphan Society program for abused and neglected 
  children.......................................................20,000
Portland Neighborhood House after school program.................25,000
St. Anthony Community Outreach Center, Inc. for the Education PAYs 
  program........................................................25,000
``Project CAFE'' after school program at the Harvey Public School 
  District 152 in Chicago, Illinois.............................250,000
St. Clair County, Michigan Intermediate School District after school 
  programs......................................................200,000
Macomb County, Michigan Intermediate School District after school 
  programs......................................................400,000
ESCAPE Arts after school program in the Danbury, Connecticut Public 
  School System.................................................200,000
Tuckahoe School District after-school program in Eastchester, New 
  York...........................................................50,000
Innovative Directions, an Educational Alliance (IDEA), at the City 
  Island School (P.S. 175) in the Bronx, New York for the expansion 
  of an environmental learning after-school program.............100,000
New York Hall of Science after school program in Queens, New Yor250,000
Mamaroneck School District after-school program in Mamaroneck, New 
  York...........................................................60,000
White Plains School District after-school program in White Plains, 
  New York......................................................250,000
New Rochelle School District after-school program in New Rochelle, 
  New York......................................................200,000
Jefferson Elementary School for collaborative after-school program 
  with Madison Elementary School in Stevens Point, Wisconsin....500,000
School District of Superior in Wisconsin to establish an after 
  school program................................................400,000
Independence School District after school program in Kansas City, 
  Missouri......................................................100,000
Community School District 30 after school program in Queens, New 
  York..........................................................250,000
Clark County, Nevada School District after school program.......500,000

                    Education for the Disadvantaged

       The conference agreement includes $8,700,986,000 for 
     Education for the Disadvantaged instead of the $8,750,986,000 
     proposed by the Senate and $8,417,897,000 as proposed by the 
     House. The agreement includes advance funding for this 
     account of $6,204,763,000, the same as both the House and the 
     Senate.
       For Grants to Local Education Agencies (LEAs) the agreement 
     provides $7,941,397,000, compared with $8,052,397,000 
     provided in the Senate bill and $7,732,397,000 provided in 
     the House bill. Of the funds made available for basic grants, 
     $5,046,366,000 becomes available on October 1, 2000 for the 
     academic year 2000-2001.
       The agreement includes $6,783,000,000 for basic state 
     grants and $1,158,397,000 for concentration grants. Of this 
     total, $1,158,397,000 for fiscal year 2000 was advance funded 
     in the fiscal year 1999 Departments of Labor, Health and 
     Human Services and Education and Related Agencies Act (P.L. 
     105-277). The conference agreement funding of $1,158,397,000 
     for concentration grants is advanced for fiscal year 2001.
       The conference agreement includes $134,000,000 within the 
     Title I program to help schools in school improvement status 
     to improve student achievement. The conference agreement also 
     provides that school districts must give students attending 
     schools identified in school improvement status the option to 
     transfer to another public school within the local 
     educational agency that has not been identified for school 
     improvement. If the local educational agency does not have 
     the capacity to provide this option to all students who seek 
     it, the local educational agency must permit as many students 
     as possible to transfer to another public school that is not 
     in school improvement status.
       The conference agreement includes $12,000,000 for capital 
     expenses for private school children, instead of $15,000,000 
     proposed by the Senate. The House contained no funding for 
     this program.
       The conference agreement provides $150,000,000 for the Even 
     Start program as proposed by the House. The Senate provided 
     $145,000,000 for this program.
       The conference agreement provides $42,000,000 for Neglected 
     and Delinquent Youth as proposed by the Senate. The House 
     provided $40,311,000 for this program.
       The conference agreement provides $8,900,000 for evaluation 
     of title I programs as proposed by the Senate. The House 
     provided $7,500,000 for this activity.
       The conference agreement includes the provision contained 
     in the Senate bill regarding a 100% hold harmless for States 
     and LEAs for both basic and concentration grants. The 
     conference agreement also adopts language included in the 
     Senate bill providing that the Department shall make 100% 
     hold harmless awards to LEAs who were eligible for 
     concentration grants in 1998 but are not eligible to receive 
     grants in fiscal year 2000, ratably reduced if necessary.
       The House nevertheless opposes the hold harmless provision 
     because it unfairly penalizes underprivileged and immigrant 
     children in growing states, including Arizona, Arkansas, 
     California, Connecticut, Florida, Georgia, Hawaii, Montana, 
     Nevada, New Mexico, New York, North Carolina, South Carolina, 
     Texas, Virginia and the District of Columbia. These states 
     represent over half of the U.S. population of underprivileged 
     schoolchildren.
       The House also notes that the 100% hold harmless provision 
     is opposed by the House authorizing committee of jurisdiction 
     and the Administration. The House will continue to oppose the 
     inclusion of such a provision in the future.
       The conference agreement also adopts language included in 
     the Senate bill providing that the Secretary of Education 
     shall not take into account the 100% hold harmless provision 
     in determining State allocations under any other program.
       The conference agreement includes $170,000,000 for the 
     Comprehensive School Reform Demonstration Program under Title 
     I-Education for the Disadvantaged; both the House and Senate 
     funded this program at $120,000,000. Together with 
     $50,000,000 provided under the Fund for the Improvement of 
     Education, the conference agreement includes a total of 
     $220,000,000 for Comprehensive School Reform grants to school 
     districts for continuation and new awards.
       The conference agreement directs the Department to follow 
     the directives in the conference report accompanying the 
     fiscal year 1998 bill (House Report 105-390) and in the 
     conference report accompanying the fiscal year 1999 bill 
     (House Report 105-825).
       The conference agreement includes $15,000,000 for the High 
     School Equivalency Program instead of $9,000,000 as proposed 
     by both the House and the Senate and includes $7,000,000 for 
     the College Assistance Migrant Program instead of $4,000,000 
     as proposed by both the House and the Senate.


                               IMPACT AID

       The conference agreement provides $910,500,000 for the 
     Impact Aid programs. The House proposed $907,200,000. The 
     Senate proposed $892,000,000. For basic grants the conference 
     agreement includes $737,200,000, for payments for children 
     with disabilities the agreement includes $50,000,000, and for 
     payments for heavily impacted districts the agreement 
     includes $76,000,000. The agreement also includes 
     $5,000,000 for facilities maintenance, $10,300,000 for 
     construction, and $32,000,000 for payments for federal 
     property. The conference agreement provides within the 
     account for construction, $500,000 for the Ft. Sam Houston 
     ISD, $800,000 for the Hays Lodgepole School District in MT 
     and $2,000,000 for the North Chicago Community Unit School 
     District.
       The conference agreement also includes the following 
     language provisions: eligibility for the Central Union, 
     Island, and Hueneme School Districts in California and the 
     Hill City, Wall, and Hot Springs School Districts in South 
     Dakota; timely filing of applications by the Brookeland 
     School District in Texas, the Fallbrook High School District 
     in California and Hydaburg School District in Alaska; 
     forgiveness of overpayment for the Hatboro-Horsham and 
     Delaware Valley School Districts in Pennsylvania; and 
     computing payments for Travis School District in California. 
     Neither the House nor Senate bills contained similar 
     provisions.
       The conference agreement notes the Administration's 
     proposal to significantly expand the Military Family Housing 
     Privatization Initiative, which has since been scaled back. 
     In some privatization projects, the property itself is 
     privatized, causing serious implications for the affected 
     school districts' ability to receive funding under the Impact 
     Aid program. Thus, the conference agreement strongly urges 
     the Administration to clarify that military family housing 
     privatization proposals will have no effect on Impact Aid 
     payments to local school districts, even if land is 
     privatized.

                      School Improvement Programs

       The conference agreement provides $3,026,884,000 for School 
     Improvement Programs, instead of $3,115,188,000 as proposed 
     by the House and $2,961,634,000 as proposed by the Senate. 
     The agreement provides $1,511,884,000 in fiscal year 2000 and 
     $1,515,000,000 in fiscal year 2001 funding for this account.
     Eisenhower professional development
       For the Eisenhower professional development activities, the 
     agreement provides $335,000,000, the same level as in the 
     Senate bill. The House provided no funding for this activity.
     Innovative education program strategies
       For innovative education program strategies, title VI of 
     the Elementary and Secondary Education Act of 1965, the 
     conference agreement provides $380,000,000. The House 
     provided $385,000,000 and the Senate bill included 
     $375,000,000.
     Class size
       The conference agreement includes $1,300,000,000 to 
     continue the initiative to reduce class size that was begun 
     in fiscal year

[[Page H12418]]

     1999. The House bill provides $1,800,000,000 for the Teacher 
     Empowerment Act, subject to authorization. The Senate bill 
     provided $1,200,000,000 for teacher assistance activities, 
     subject to authorization. The agreement provides $400,000,000 
     in fiscal year 2000 and $900,000,000 in fiscal year 2001 
     funding for this account.
       The conference agreement provides that the allocation of 
     funds under section 310 to the states shall be based on the 
     proportional share that each state received from the fiscal 
     year 1999 appropriation for class size reduction. States will 
     continue to allocate their grant funds among local 
     educational agencies based on a formula that reflects both 
     their relative numbers of children in low-income families and 
     their school enrollments.
       Local educational agencies would use funds for recruiting, 
     hiring and training fully qualified regular and special 
     education teachers who are certified within the states, have 
     a baccalaureate degree and demonstrate subject matter 
     knowledge in their content areas. Twenty five percent of 
     these funds may be used by local educational agencies to test 
     new teachers for academic content knowledge, to meet state 
     certification requirements, or to provide professional 
     development for existing teachers to meet the goal of 
     ensuring that all instructional staff are fully qualified. 
     All teachers hired using fiscal year 1999 funds for this 
     program must also be fully qualified within one year. A local 
     educational agency that has already reduced class size in the 
     early grades may use its funds to make further reductions in 
     grades kindergarten through 3 or other grades, or carry out 
     activities to improve teacher quality. A local educational 
     agency in which 10 percent or more of its elementary teachers 
     are uncertified may apply to the state for a waiver under the 
     Education Flexibility Partnership Act to use funds under this 
     program for the purpose of helping those teachers become 
     certified. A local educational agency that receives an award 
     under this section which is less than the starting salary for 
     a new teacher may use these funds to help pay the salary of a 
     teacher or pay for professional development activities to 
     ensure that all the instructional staff are fully qualified.
       To improve accountability, the conference agreement 
     provides that each state and local educational agency 
     receiving funds publicly report to parents on the progress in 
     reducing class size, increasing the percentage of classes in 
     core academic areas taught by fully qualified teachers, and 
     the impact that such activities has had on increasing student 
     academic achievement. Parents, upon request, will also have 
     the right to know the professional qualifications of their 
     children's teachers.
       The conference agreement urges the Secretary of Education 
     to inform local educational agencies of the new flexibility 
     provisions of this section, particularly the increase in the 
     amount that can be spent on new teacher testing and 
     professional development activities, the ability to spend 
     these funds on professional development for existing teachers 
     if the LEA receives an award that is less than the starting 
     salary for a new fully qualified teacher, and the additional 
     flexibility provided to LEAs in states participating in the 
     ``Ed-Flex'' Program.
     Safe and drug free schools
       The conference agreement includes $605,750,000 for the Safe 
     and Drug Free Schools and Communities Act instead of the 
     $566,000,000 proposed by the House and $636,000,000 proposed 
     by the Senate. The agreement provides $115,000,000 in fiscal 
     year 2000 and $330,000,000 in fiscal year 2001 funding for 
     this account.
       Included within this amount is $445,000,000 for state 
     grants, instead of $441,000,000 as proposed by the House and 
     $476,000,000 as proposed by the Senate.
       The conference agreement also includes $110,750,000 for 
     national programs, instead of $90,000,000 as proposed by the 
     House and $100,000,000 as proposed by the Senate.
       The conference agreement includes $850,000 within the safe 
     and drug free schools national programs to continue the 
     National Recognition Awards programs to provide models of 
     alcohol and drug abuse prevention and education at the 
     college level.
       The conference agreement includes $50,000,000 under 
     national programs for the Safe and Drug Free Schools 
     coordinator initiative, instead of $35,000,000 as proposed by 
     the House and $60,000,000 as proposed by the Senate.
       The conference agreement includes $750,000 for a study of 
     school violence authorized under section 4 of P.L. 106-71 
     (the Missing, Exploited, and Runaway Children Protection 
     Act). The conference agreement requests the National Academy 
     of Sciences to consult with the authorizing and 
     appropriations committees in developing the scope and 
     specifications for this study.
     Reading is Fundamental
       For the Reading is Fundamental program, the conference 
     agreement provides $20,000,000 instead of $21,500,000 as 
     proposed by the Senate and $18,000,000 as proposed by the 
     House.
     Arts in Education
       For Arts in Education, the conference agreement provides 
     $11,500,000, instead of $10,500,000 as proposed by the House 
     and $12,500,000 as proposed by the Senate.
     Magnet Schools Assistance Program
       For the Magnet Schools Assistance Program, the conference 
     agreement provides $110,000,000 instead of $104,000,000 as 
     proposed by the House and $112,000,000 as proposed by the 
     Senate.
     Education of Native Hawaiians
       The conference agreement includes $23,000,000 for the 
     Education of Native Hawaiians, the same level as in the 
     Senate. The House included $20,000,000 for this account. The 
     conference agreement assumes that when allocating these 
     funds, the Secretary of Education will fund the following 
     activities as described in the Report of the Senate Committee 
     (Senate Report No. 106-166).
     Alaska Native educational equity
       The conference agreement includes $13,000,000 for the 
     Alaska Native Educational Equity program, the same level as 
     in the Senate. The House included $10,000,000 for this 
     account.
     Charter schools
       The conference agreement includes $145,000,000 for Charter 
     Schools, instead of $130,000,000 proposed by the House and 
     $150,000,000 proposed by the Senate.
     Comprehensive Regional Assistance Centers
       The conference agreement includes $28,000,000 for 
     Comprehensive Regional Assistance Centers as proposed by the 
     Senate instead of $27,054,000 as proposed by the House. The 
     conference agreement includes $750,000 within these funds for 
     an evaluation to collect performance indicator data.
     Advanced placement fees
       For advanced placement fees, the conference agreement 
     provides $15,000,000 as proposed by the Senate instead of 
     $4,000,000 as proposed by the House. The conference agreement 
     notes that less than half of our Nation's high schools offer 
     some form of Advanced Placement (AP) course instruction for 
     junior and senior high school students. The lack of access to 
     this instruction is particularly acute in rural parts of the 
     country. Internet-based AP course instruction is a dynamic 
     and cost-effective way to deliver AP instruction to students 
     living in rural areas and other areas where conventional 
     instructor-led training for AP courses is not available. 
     Accordingly, the conference agreement encourages the 
     Secretary to use some of the Advanced Placement Incentive 
     Program funds to award grants to States or LEAs seeking to 
     establish Internet-based AP pilot programs in rural parts of 
     the country or other under-served districts where students 
     would otherwise not have access to AP instruction.


                           READING EXCELLENCE

       The conference agreement includes $260,000,000 for 
     activities authorized under the Reading Excellence Act 
     instead of the $200,000,000 proposed by the House and 
     $285,000,000 proposed by the Senate. The agreement provides 
     $65,000,000 in fiscal year 2000 and $195,000,000 in fiscal 
     year 2001 funding for this account.


                            INDIAN EDUCATION

       The conference agreement includes $77,000,000 for Indian 
     Education, the same level as in the Senate. The House 
     proposed $66,000,000 for this account.


                   BILINGUAL AND IMMIGRANT EDUCATION

       The conference agreement includes $406,000,000 for 
     Bilingual and Immigrant Education programs instead of the 
     $380,000,000 proposed by the House and $394,000,000 proposed 
     by the Senate.
       For Instructional Services, the agreement includes 
     $162,500,000 instead of the $160,000,000 proposed by the 
     House and $165,000,000 proposed by the Senate. For Support 
     Services, the agreement provides $14,000,000, the same level 
     as in the House and Senate bills. For Professional Services, 
     the agreement provides $71,500,000 instead of the $50,000,000 
     proposed by the House and $55,000,000 proposed by the Senate. 
     For immigrant education, the agreement provides $150,000,000, 
     the same level as in the House and Senate bills. The 
     agreement also provides $8,000,000 for foreign language 
     assistance instead of the $6,000,000 proposed by the House 
     and $10,000,000 proposed by the Senate.


                           special education

       The conference agreement includes $6,036,646,000 for 
     Special Education instead of the $5,833,146,000 proposed by 
     the House and $6,035,646,000 proposed by the Senate. The 
     agreement provides $2,294,646,000 in fiscal year 2000 and 
     $3,742,000,000 in fiscal year 2001 funding for this account.
       Included in these funds is $4,989,685,000 for Grants to the 
     States, the same as the Senate level. The House provided 
     $4,810,700,000. This funding level provides an additional 
     $679,000,000 to assist the States in meeting the additional 
     per pupil costs of services to special education students.
       The conference agreement provides $390,000,000 for 
     Preschool Grants as proposed by the Senate instead of 
     $373,985,000 as proposed by the House.
       The conference agreement includes $375,000,000 for Grants 
     for Infants and Families as proposed by the Senate instead of 
     $370,000,000 as proposed by the House.
       The conference agreement also includes $1,000,000 for the 
     completion of the Easter Seal Society's Early Childhood 
     Development Project for the Mississippi River Delta Region 
     and $1,000,000 for the Center for Literacy and Assessment at 
     the University of Southern Mississippi. The conference 
     agreement also includes $1,500,000 for the 2001 Special 
     Olympics World Winter Games in Alaska and $1,000,000 for the 
     VIII Paralympic Winter Games.
       Included in the conference agreement is $34,523,000 for 
     technology and media services

[[Page H12419]]

     proposed by the Senate instead of the $33,523,000 as proposed 
     by the House. The conference agreement includes $7,500,000 
     for Recordings for the Blind and Dyslexic as described in the 
     House and Senate Reports. The conference agreement 
     contemplates that these funds be distributed to RFB&D as 
     early in the fiscal year as possible.
       The conference agreement also includes $1,500,000 for 
     Public Telecommunications Information and Training 
     Dissemination as proposed by the Senate. The House did not 
     contain funds for this activity.


            Rehabilitation Services and Disability Research

       The conference agreement includes $2,707,522,000 for 
     Rehabilitation Services and Disability Research instead of 
     $2,687,150,000 proposed by the House and $2,692,872,000 
     proposed by the Senate.
       For Vocational Rehabilitation State Grants, the agreement 
     provides $2,338,977,000, the same as the House and Senate 
     levels.
       The conference agreement includes $22,092,000 for 
     demonstration and training programs instead of $13,942,000 
     proposed by the House and $18,942,000 proposed by the Senate.
       The conference agreement also includes $11,894,000 for 
     Protection and Advocacy of Individual Rights, the same level 
     as in the House bill. The Senate provided $10,894,000.
       The conference agreement also provides $48,000,000 for 
     Independent Living Centers proposed by the Senate instead of 
     $46,109,000 proposed by the House. The conference agreement 
     includes $15,000,000 for services for older blind individuals 
     as proposed by the Senate instead of $11,169,000 as proposed 
     by the House.
       The conference agreement includes $86,500,000 for the 
     National Institute on Disability and Rehabilition Research 
     instead of $81,000,000 proposed by both the House and the 
     Senate.
       The conference agreement also includes $34,000,000 for 
     Assistive Technology, the same level as in the House bill. 
     The Senate provided $30,000,000.
       Within the amounts provided, the conference report 
     specifies funding for the following activities:

Krasnow Institute at George Mason University for a receptive 
  language disorders research center...........................$750,000
University of Central Florida for a virtual reality-based education 
  and training program for the deaf...........................1,000,000
Seattle Lighthouse for the Blind..............................2,000,000
Professional development and Research Institute on Blindness in 
  Louisiana...................................................1,000,000
California State University at Northridge for a Western Center for 
  Adaptive Aquatic Therapy....................................1,000,000
Alaska Center for Independent Living in Anchorage...............600,000
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...250,000
Albert Einstein Healthcare Network in Philadelphia for research on 
  post polio syndrome...........................................500,000

       The conference agreement recognizes the importance of 
     supporting grants for the purchase of assistive technology 
     for persons with disabilities to help them become employable 
     and live independently. This technology can improve the lives 
     of over 50 million Americans with physical or mental 
     disabilities. The conference agreement recommends that, after 
     state assistive technology projects have been allocated, 
     remaining funds should be used for Title III grants, which 
     enable consumers with disabilities to purchase needed 
     assistive technology.

           Special Institutions for Persons With Disabilities


                 American Printing House for the Blind

       The conference agreement provides $10,100,000 for American 
     Printing House for the Blind as proposed by the Senate, 
     instead of $9,000,000 as proposed by the House.


                          gallaudet university

       The conference agreement provides $85,980,000 for Gallaudet 
     University as proposed by the House instead of $85,500,000 as 
     proposed by the Senate.


                     Vocational and Adult Education

       The conference agreement includes $1,681,750,000 for 
     Vocational and Adult Education instead of the $1,582,247,000 
     as proposed by the House and $1,676,750,000 as proposed by 
     the Senate. The agreement provides $890,750,000 in fiscal 
     year 2000 and $791,000,000 in fiscal year 2001 funding for 
     this account.
       $1,055,650,000 is included in the agreement for Vocational 
     Education basic state grants, instead of the $1,080,650,000 
     as proposed by the House and $1,030,650,000 as proposed by 
     the Senate.
       The conference agreement provides $4,600,000 for Tribally 
     Controlled Postsecondary Vocational Institutions as proposed 
     by the Senate instead of $4,100,000 as proposed by the House.
       The conference agreement also includes $17,500,000 for 
     vocational education national programs instead of $13,497,000 
     proposed by the House and $19,500,000 proposed by the Senate. 
     The conference agreement provides $9,000,000 for National 
     Occupational Information Coordinating Committee activities as 
     proposed by the Senate. The House did not include funding for 
     this activity.
       For Adult Education State Grants, the agreement provides 
     $450,000,000 instead of the $365,000,000 provided in the 
     House bill and $468,000,000 in the Senate bill.
       The conference agreement provides that 30 percent of the 
     increase for adult education state grants is for integrated 
     English literacy and civics education services to immigrants 
     and other limited English proficient populations.
       The conference agreement provides $14,000,000 for adult 
     education national leadership activities as proposed by the 
     Senate instead of $7,000,000 as proposed by the House.
       The conference agreement also includes $19,000,000 for 
     State Grants for Incarcerated Youth as proposed by the 
     Senate. The House did not provide funding for this activity.


                      Student Financial Assistance

       The conference agreement provides $9,435,000,000 for 
     Student Financial Assistance instead of $9,259,000,000 as 
     proposed by the House and $9,548,000,000 as proposed by the 
     Senate. The conference agreement sets the maximum Pell Grant 
     at $3,300 and provides a program level of $7,700,000,000 for 
     current law Pell Grants. The conference agreement does not 
     provide advance funding for this account. The House advance 
     funded $2,286,000,000 and the Senate advance funded 
     $1,226,400,000 for this account.
       $621,000,000 is included in the agreement for Federal 
     Supplemental Educational Opportunity Grants (SEOG), instead 
     of the $619,000,000 as proposed by the House and $631,000,000 
     as proposed by the Senate. The agreement also includes an 
     additional emergency appropriation of $10,000,000 and allows 
     the Secretary of Education to waive the usual rules regarding 
     the SEOG program for low-income college students that live in 
     or attend school in areas affected by Hurricane Floyd and 
     subsequent flooding as proposed by the House. The Senate 
     included no similar language.
       The Secretary of Education is expected to exercise his 
     authority to waive or modify statutory or regulatory 
     provisions applicable to the FSEOG program in a manner that 
     includes a waiver of the applicability of priority for 
     Federal Pell Grant recipients under section 413C(c)(2)(A) of 
     the Higher Education Act of 1965 (20 U.S.C 1070-b-
     2(c)(A)(ii)) with respect to students who were victims of 
     these disasters.
       $934,000,000 is included in the agreement for Federal Work 
     Study as proposed by the Senate. The House proposed 
     $880,000,000.
       The agreement includes $40,000,000 for Leveraging 
     Educational Assistance Partnerships (LEAP), instead of the 
     $75,000,000 as proposed by the Senate. The House did not 
     provide funding for this program.

             federal family education loan program account

       The conference agreement provides $48,000,000 for the 
     Federal Family Education Loan Program Account as proposed by 
     the Senate instead of $46,482,000 as proposed by the House.


                            higher education

       The conference agreement provides $1,533,659,000 for Higher 
     Education instead of $1,151,786,000 as proposed by the House 
     and $1,406,631,000 as proposed by the Senate.
       The conference agreement includes $42,250,000 for Hispanic 
     Serving Institutions as proposed by the Senate instead of 
     $28,000,000 as proposed by the House.
       The conference agreement includes $148,750,000 for 
     strengthening Historically Black Colleges and Universities 
     instead of $141,500,000 as proposed by the Senate and 
     $136,000,000 as proposed by the House.
       The conference agreement includes $31,000,000 for 
     Historically Black Graduate Institutions as proposed by the 
     Senate instead of $30,000,000 as proposed by the House.
       The conference agreement includes $5,000,000 for Alaska and 
     Native Hawaiian Institutions proposed by the Senate instead 
     of $3,000,000 proposed by the House.
       The conference agreement also includes $6,000,000 for 
     strengthening Tribal Colleges proposed by the Senate instead 
     of $3,000,000 proposed by the House.
       The conference agreement includes $77,658,000 for the Fund 
     for the Improvement of Postsecondary Education instead of 
     $27,500,000 as proposed by the Senate and $22,500,000 as 
     proposed by the House.
       The conference agreement includes $62,000,000 for 
     International Education domestic programs as proposed by the 
     House instead of $61,320,000 as proposed by the Senate. The 
     conference agreement also includes $6,680,000 for 
     International Education overseas programs as proposed by the 
     Senate instead of $6,536,000 as proposed by the House. The 
     conference agreement also includes $1,022,000 for the 
     Institute for International Public Policy as proposed by the 
     Senate instead of $1,000,000 as proposed by the House.
       The conference agreement includes $645,000,000 for TRIO 
     rather than the $630,000,000 included in the Senate bill and 
     the $660,000,000 included in the House bill.
       The conference agreement includes $200,000,000 for the 
     Gaining Early Awareness and Readiness for Undergraduate 
     Programs (GEAR UP), instead of $180,000,000 proposed by the 
     Senate. The House contained no funds for this program.
       The conference agreement includes $39,859,000 for Byrd 
     Scholarships as proposed by the Senate. The House did not 
     provide funding for this program.

[[Page H12420]]

       The conference agreement includes $51,000,000 for Graduate 
     Assistance in Areas of National Need (GAANN) as proposed by 
     the Senate instead of $31,000,000 as proposed by the House. 
     Within the total, $10,000,000 is provided to fund the Javits 
     Fellowship program in school year 2000-2001. An additional 
     $10,000,000 is also provided within this total to allow the 
     Javits Fellowship program to be forward funded.
       The conference agreement includes $23,940,000 for the 
     Learning Anytime Anywhere Partnerships instead of $10,000,000 
     proposed by the Senate. The House did not fund this program. 
     Within the amount provided, the conference report specifies 
     funding for the following activities:

University of South Florida for a distance learning program..$3,000,000
New York Global Communication Center in West Islip, NY for a 
  distance learning program.....................................190,000
Alliance for Technology, Learning and Society (ATLAS) at the 
  University of Colorado for technology-enhanced learning.....2,000,000
Interactive Learning Environments at the University of Idaho for a 
  distance learning program...................................1,250,000
Illinois Community College Board to develop a systemwide, on-line 
  virtual degree program for the community college system.....2,500,000

       The conference agreement includes $98,000,000 for Teacher 
     Quality Enhancement Grants instead of $75,000,000 as proposed 
     by the House and $80,000,000 as proposed by the Senate. The 
     conference agreement reflects concern about long-standing 
     problems with teacher education programs in America, 
     including inadequate time to learn subject matter in depth; 
     fragmented coursework that is disconnected from practice 
     teaching; uninspired teaching methods; and superficial 
     curriculum. Without considerable attention to raising the 
     quality of teacher preparation programs, an increasing number 
     of under-qualified teachers will be teaching our children. 
     The Department of Education estimates that 2 million more 
     teachers will be needed over the next 10 years as student 
     enrollments reach their highest levels ever, and teacher 
     retirements and attrition create large numbers of vacancies.
       The conference agreement notes that while some exemplary 
     approaches to teacher education exist, too few institutions 
     have restructured their programs to assure that teachers are 
     well qualified in the subjects they teach and well trained in 
     research-based instructional practices needed to help all 
     children learn. Therefore, the conference agreement urges the 
     Secretary to apply rigorous criteria in funding new Teacher 
     Quality Enhancement Partnership Grants in fiscal year 2000 
     and to submit a letter to the House and Senate Committees on 
     Appropriations outlining the criteria that the Secretary will 
     use to evaluate applications and to ensure that institutions 
     of higher education receiving funding under this program 
     achieve measurable performance outcomes that will enhance 
     teacher quality. Such outcomes might include, but not be 
     limited to, improved performance (measured through test 
     scores, portfolios, state certification or other means) of 
     students in teacher training programs; increases in the 
     amount and rigor of coursework in content areas; increased 
     and extended clinical placements; increased entry of 
     graduates into teaching; and raising academic standards for 
     entry into and graduation from teacher preparation programs.
       The conference agreement also includes $1,750,000 for the 
     Underground Railroad Educational and Cultural Program as 
     proposed by the Senate. The House did not fund this activity.
       The conference agreement includes $1,000,000 for community 
     scholarship mobilization, instead of $2,000,000 as proposed 
     by the Senate. The House did not fund this program.
       The conference agreement includes $3,000,000 for data 
     collection and program evaluations in higher education 
     programs, including the development of performance 
     measurement data, instead of $4,000,000 as proposed by the 
     House. The Senate did not provide separate line item funding 
     for this activity.


             COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

       The conference agreement includes $737,000 for 
     administering the College Housing and Academic Facilities 
     Loans program as proposed by the Senate instead of $698,000 
     as proposed by the House.


               HISTORICALLY BLACK COLLEGE AND UNIVERSITY

                           CAPITAL FINANCING

                            PROGRAM ACCOUNT

       The conference agreement provides $207,000 for the 
     Historically Black College and University Capital Financing 
     Program Account as proposed by the Senate instead of $96,000 
     as proposed by the House.


             EDUCATION RESEARCH, STATISTICS AND IMPROVEMENT

       The conference agreement includes $596,892,000 for 
     Education Research, Statistics and Improvement instead of the 
     $390,867,000 as proposed by the House and $368,867,000 as 
     proposed in the Senate.
       The conference agreement provides $103,567,000 for research 
     instead of $83,567,000 proposed by the House and $82,567,000 
     proposed by the Senate. The conference agreement includes a 
     total of $20,000,000 for current and expanded comprehensive 
     school reform research and development and includes 
     $1,000,000 for the development of a five-year plan for an 
     expanded research program of large-scale, systematic 
     experimentation and demonstration focused on strategic 
     education issues in accordance with the guidelines outlined 
     in the Report of the House Committee (House Report 106-370).
       The conference agreement provides $65,000,000 for regional 
     educational labs as proposed by the Senate instead of 
     $61,000,000 as proposed by the House. The conference 
     agreement provides that the regional laboratory governing 
     boards set the research and development priorities to guide 
     the work funded and that funds be obligated and distributed 
     in accordance with the fiscal year 1999 allocations by 
     December 1, 1999.
       The conference agreement provides $68,000,000 for 
     statistics as proposed by the House instead of $70,000,000 
     proposed by the Senate.
       The conference agreement provides $4,000,000 for NAGB as 
     proposed by the House instead of $4,500,000 as proposed by 
     the Senate.
     Fund for the improvement of education
       For the fund for the improvement of education (FIE), the 
     conference agreement provides $249,525,000 instead of the 
     $76,000,000 as proposed by the House and $39,500,000 as 
     proposed by the Senate.
       The conference agreement provides $50,000,000 for 
     continuation grants for schools in their third year of 
     implementing comprehensive school reform. The conference 
     agreement also includes $15,000,000 to continue existing and 
     award new contracts to providers of comprehensive school 
     reform models. In making new awards, the Department should 
     give priority to proposals to serve schools located in rural 
     or isolated areas.
       The conference agreement provides funds for the 
     continuation of Project Jump Start and provides funds for the 
     continuation and expansion of the Youth Safety Corps. The 
     conference agreement also includes $400,000 for the National 
     Student and Parent Mock Elections.
       Within the amount provided, $20,000,000 is to be used for 
     the Elementary School Counseling Demonstration Program to 
     establish or expand counseling programs in elementary 
     schools.
       The conference agreement includes $45,000,000 for a Small 
     Schools initiative under section 10105 of Part A of title X 
     of the Elementary and Secondary Education Act. The conference 
     agreement recognizes that one approach that holds great 
     potential for preventing school violence is creating smaller 
     high schools. The tragic shootings at Columbine High School 
     in Littleton, Colorado have reinforced what many education 
     practitioners already know--the impersonal nature of large 
     high schools leaves too many young people feeling apathetic, 
     isolated and alienated from their peers, schools and 
     communities.
       Yet, approximately 70% of American high school students 
     attend schools enrolling 1,000 or more students despite the 
     strong body of research documenting the benefits of smaller 
     higher schools. These benefits include less crime and 
     violence, fewer disciplinary problems, less alcohol and 
     tobacco use, better student attendance, fewer dropouts, more 
     satisfied students, greater student participation in school 
     activities, and greater student academic achievement. The 
     conference agreement acknowledges that the significant 
     benefits of smaller schools justify a federal investment to 
     encourage school districts to undertake research-based 
     strategies to create smaller learning communities within 
     large high schools, as recommended in Breaking Ranks, a 1996 
     study commissioned by the nation's secondary school 
     principals. Such strategies include establishing small 
     learning clusters, ``houses'', career academies, magnet 
     schools or other approaches to creating schools within 
     schools; block scheduling; personal adult advocates, teacher-
     advisory systems and other mentoring strategies; reduced 
     teaching loads; and other innovations designed to create a 
     more personalized high school experience for students and 
     improve student achievement.
       Within the amount for the Small Schools initiative, not 
     less than $42,750,000 is for competitive grants to local 
     educational agencies to plan, develop and implement smaller 
     learning communities where students receive individual 
     attention and support--with a goal of not more than 600 
     students in each learning community. The conference agreement 
     directs that each grantee shall use funds only for activities 
     related to high school redesign and that up to $2,250,000 may 
     be used by the Secretary for evaluation, technical 
     assistance, and school networking activities. The conference 
     agreement affirms that the management of this initiative 
     would benefit from a team effort within the Department and 
     directs that the program shall be jointly managed by the 
     Office of Elementary and Secondary Education and the Office 
     of Vocational and Adult Education. Finally, the Department 
     shall provide a letter by March 31, 2000 to the House and 
     Senate Committees on Appropriations outlining its plan for 
     implementing this initiative.
       Within the amount provided, the conference report specifies 
     funding for the following activities:


[[Page H12421]]


Loyola University Chicago for recruitment and preparation of new 
  teacher candidates for employment in rural and inner-city sch$700,000
Shedd Aquarium/Brookfield Zoo for science education programs....500,000
Big Brothers/Big Sisters of America to expand school-based men3,000,000
Chicago Public School System to support a substance abuse pilot 
  program in conjunction with Elgin and East Aurora School Sys2,500,000
University of Virginia Center for Governmental Studies for the Youth 
  Leadership Initiative.......................................1,000,000
Institute for Student Achievement at Holmes Middle School and 
  Annandale High School in Virginia for academic enrichment.....800,000
Mountain Arts Center in Kentucky for educational programming....100,000
University of Louisville for research in the area of academic 
  readiness...................................................1,500,000
WestEd Regional Educational Laboratory for the 24 Challenge and 
  Jumping Levels Math Demonstration Project.....................500,000
Central Michigan University for a charter schools development and 
  performance institute.......................................1,000,000
Living Science Interactive Learning Model partnership in Indian 
  River, FL for a science education program.....................950,000
North Babylon Community Youth Services for an educational progra825,000
Los Angeles County Office of Education/Educational 
  Telecommunications and Technology for a pilot program for te1,000,000
University of Northern Iowa for an institute of technology for 
  inclusive education...........................................650,000
Youth Crime Watch of America to expand a program to prevent crime, 
  drugs and violence in schools.................................500,000
Muhlenberg College in Pennsylvania for an environmental science 
  program.......................................................892,000
Western Suffolk St. Johns-LaSalle Academy Science and Technology 
  Mentoring Program.............................................560,000
National Teaching Academy of Chicago for a model teacher 
  recruitment, preparation and professional development progra4,000,000
University of West Florida for a teacher enhancement program..2,000,000
Virginia Living Museum in Newport News, VA for an educational 
  program.....................................................1,000,000
Challenger Learning Center in Hardin County, KY for technology 
  assistance and teacher training...............................450,000
Crawford County School System in Georgia for technology and 
  curriculum support............................................250,000
Berrien County School System in Georgia for technology developme500,000
Louisville Salvation Army Boys and Girls Club Diversion Enhancement 
  Program........................................................35,000
New Mexico Department of Education for school performance 
  improvement and drop-out prevention.........................1,000,000
Semos Unlimited Inc. in New Mexico to support bilingual education 
  and literacy programs.........................................300,000
Delta State University in MS for innovative teacher training..1,000,000
Alaska Humanities Forum, Inc. in Anchorage....................1,000,000
An Achievable Dream in Newport News to improve academic performance 
  of at-risk youths.............................................250,000
Rock School of Ballet in Philadelphia to expand its community-
  outreach programs for inner-city children and underprivileged 
  youth in Camden, NJ and southern NJ...........................250,000
University of Maryland Center for Quality and Productivity to 
  provide a link for the Blue Ribbon Schools..................1,000,000
Continuing Education Center and Teachers' Institute in South Boston, 
  Virginia to promote participation among youth in the U.S. 
  democratic process..........................................1,000,000
National Museum of Women in the Arts to expand its ``Discovering 
  Art'' program to elementary and secondary schools and other 
  educational organizations...................................1,000,000
Alaska Department of Education's summer reading program.........400,000
Partners in Education, Inc. to foster successful business-school 
  partnerships..................................................400,000
Kodiak Island Borough School district for development of an 
  environmental education program...............................250,000
Reach out and Read Program to expand literacy and health awareness 
  for at-risk families........................................2,000,000
Jazz in the Schools program for educational programs............100,000
Mississippi Delta Education Initiative..........................500,000
Project 2000 D.C. Mentoring Project.............................100,000
National Constitution Center.................................10,000,000
Continuation of Iowa public school facilities repair demonstration 
  administered by the Iowa Department of Education...........10,000,000
Continuation of Foorman, Frances, and Fletcher NICHD-approved 
  longitudinal project ``Early Interventions for Children with 
  Reading Problems'' in public elementary schools in the District of 
  Columbia......................................................500,000
Early Reading Success Institute in Connecticut to broaden the 
  training of professionals in best practices in the delivery of 
  reading instruction.........................................1,750,000
GRAMMY in the Schools program of the National Academy of Recording 
  Artists and Sciences Foundation to provide music education to high 
  school students...............................................400,000
Million S. Eisenhower Foundation to replicate and scientifically 
  evaluate full-service community schools in up to three locations 
  around the nation.............................................500,000
National Council of La Raza to provide training and technical 
  assistance to Hispanic communities to replicate successful 
  community-based approaches for improving the academic achievement 
  of Hispanic children in multiple sites......................2,000,000
Institute of Student Achievement program to improve student learning 
  outcomes without social promotion at the Mount Vernon School 
  District in Mount Vernon, NY..................................250,000
Wisconsin Academy Staff Development Initiative in Chippewa Falls, 
  Wisconsin to collaborate with regional school districts to provide 
  math, science, and technology teacher training................750,000
Helen Keller Worldwide to expand the ChildSight vision screening 
  program to reach additional children whose educational performance 
  may be hindered because of their inability to see properly..1,250,000
Ross and Raymond Parks Institute for Self-Development for its 
  Pathways to Freedom Program providing civil rights education to 
  young people and for community learning centers.............1,000,000
Life Learning Academy Charter School in San Francisco, CA.......750,000
University of Puerto Rico for the continuation and expansion of the 
  Hispanic Educational Linkages Program in New York City, including 
  the south Bronx, New York.....................................750,000
National Urban Coalition Say YES To A Youngster's Future Program to 
  provide math and science education............................250,000
Henry Abbott Technical High School in Danbury, Connecticut to 
  provide students with essential workforce education and traini500,000
Explornet Technology Learning Project in North Carolina to provide 
  education and hands on experience in technology...............750,000
School of International Training in Brattleboro, Vermont to 
  collaborate with Brattleboro Union High School to develop an 
  education curriculum addressing child labor issues............300,000
Vasona Center Youth Science Institute expansion.................300,000
Educational Performance Foundation CPI music education program 
  called ``From the Top''.....................................1,000,000
University of Missouri-St. Louis to develop a plan to improve the 
  education system in the City of St. Louis, Missouri...........500,000
Africian American Literacy and Culture Project in the Oakland 
  Unified School District.......................................250,000
Baltimore Reads after-school tutoring program in Baltimore, Mary250,000
ASPIRE after-school program in Houston, Texas...................313,000
Boston Music Education Collaborative Comprehensive Interdisciplinary 
  Music Program and Teacher Resource Center.....................900,000
Smithsonian Institution's jazz music education program in 
  Washington, D.C...............................................250,000
Kennedy Center for the Performing Arts of the ``Make a Ballet'' arts 
  education program in the New York City area...................250,000
Community Service Society of New York City for mentoring tutoring 
  and technology activities in New York City Public Schools, 
  including schools in the south Bronx..........................250,000
Pennsylvania Telecommunications Exchange Network................500,000

[[Page H12422]]

Johnson Elementary School, Cedar Rapids, Iowa for innovative arts 
  education.....................................................500,000
Boys and Girls Clubs..........................................2,000,000
Florida Department of Education for an internet-based teacher 
  recruitment model.............................................250,000
University of New Orleans for a teacher preparation and educational 
  technology initiative to enhance the quality of teaching in urban 
  school systems................................................500,000
       For Civics Education, the conference agreement provides 
     $10,000,000, rather than $9,500,000 proposed by the Senate 
     and $5,500,000 proposed by the House bill.
       The conference agreement provides $9,000,000 for the 
     National Writing Project instead of $10,000,000 as proposed 
     by the Senate and $5,000,000 as proposed by the House.

                        Departmental Management

       The conference agreement includes $488,384,000 for 
     Departmental Management as proposed by the Senate instead of 
     $459,242,000 proposed by the House. Within this amount, the 
     agreement provides $71,200,000 for the Office of Civil Rights 
     and $34,000,000 for the Office of Inspector General as 
     provided by the Senate. The House provided $66,000,000 for 
     the Office of Civil Rights and $31,242,000 for the Office of 
     the Inspector General.
       The conference agreement urges the Secretary of Education 
     to take whatever steps are necessary to select and fill the 
     Liaison for Proprietary Institutions of Higher Education 
     position which is provided for in section 219 of the Higher 
     Education Act, as amended (HEA). The conference agreement 
     notes that section 219 requires the Secretary to appoint the 
     Liaison within 6 months of passage of HEA.

                           General Provisions


           Calculations for Heavily Impacted School Districts

       The conference agreement modifies a legislative provision 
     that was contained in the House bill relating to payments for 
     heavily impacted school districts (section 8003(f)) that 
     changes the method by which payments made under this section 
     are allocated to provide supplemental payments for federally 
     connected students. The Senate bill had no similar provision.


            Extension of Participation in Even Start Program

       The conference agreement contains an amendment to the 
     Elementary and Secondary Education Act of 1965 that was 
     contained in the House bill that allows local grantees to 
     continue to participate in the Even Start program beyond 
     eight years and reduces the federal share for the ninth and 
     succeeding years from 50 percent to 35 percent. The Senate 
     bill had no similar provision.


                 Federal Family Education Loans (FFEL)

       The conference agreement includes a provision regarding the 
     FFEL program that was not contained in either House or Senate 
     bills.


             Higher Education Assistance Foundation (HEAF)

       The conference agreement includes a provision regarding 
     HEAF claims reserves that was not contained in either House 
     or Senate bills.


                  Additional Higher Education Funding

       The conference agreement includes the following amounts for 
     the following projects and activities. Neither the House nor 
     the Senate bills contained this language.

Middle Georgia College for an advanced distributed learning center 
  demonstration program........................................$250,000
University Center of Lake County, IL..........................3,000,000
Oregon University System......................................1,000,000
Columbia College in IL for a freshman retention program.........500,000
University of Hawaii at Manoa for a globalization research cen1,500,000
University of Arkansas at Pine Bluff for technology infrastruc2,000,000
I Have a Dream Foundation.....................................1,000,000
Demonstration program for activities authorized under part G of 
  title VII of the Higher Education Act.......................1,000,000
University of the Incarnate Word in San Antonio, TX to improve 
  teacher capabilities in technology..........................1,000,000
Elmira College in New York for a technology enhancement initia1,000,000
Rust College in MS for technology infrastructure..............1,650,000
Snelling Center for Government at the University of Vermont for a 
  model school program..........................................250,000
Texas A&M University, Corpus Christi for the operation of the Early 
  Childhood Development Center..................................750,000
Southeast Missouri State University for equipment and curriculum 
  development associated with the university's Polytechnic Ins1,000,000
Washington Virtual Classroom Consortium.........................800,000
Puget Sound Center for Technology for faculty development activities 
  for the use of technology in the classroom....................500,000
Center for the Advancement of Distance Education in Rural Americ500,000
Daniel J. Evans School of Public Policy at the University of 
  Washington..................................................3,000,000
North Dakota State University for the Career Program for Dislocated 
  Farmers and Ranchers..........................................200,000
North Dakota State University for the Tech-based Industry 
  Traineeship Program...........................................350,000
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......3,000,000
Minot State University for the Rural Communications Disabilities 
  Program.......................................................200,000
Bryant College for the Linking International Trade Education Program 
  (LITE)........................................................300,000
Concord College, WV for a technology center to further enhance the 
  technical skills of WV teachers and students................1,000,000
Peirce College in Philadelphia for education and training progra200,000
Philadelphia Zoo for educational programs.......................250,000
Philadelphia University Education Center for technology educat1,000,000
Lock Haven University for technology innovations................725,000
Southeastern Pennsylvania Consortium on Higher Education for 
  education programs..........................................1,000,000
Lehigh University Iacocca Institute for educational training....400,000
Lafayette College for arts education............................250,000
Lewis and Clark College for the Crime Victims Law Institute...1,000,000
University of Notre Dame for a teacher quality initiative.......500,000
Spelman College in Georgia for educational operations...........800,000
Western Governors University for a distance learning initiativ2,400,000
Alabama A&M University for the development of a research insti1,000,000
Center for Astronomy Education and Research at Tarleton State 
  University, Stephenville, Texas for the creation of summer science 
  programs for students and teachers..........................1,000,000
Great Plains Network at Kansas University.....................1,500,000
Science Education and Literacy Center at Rider University in New 
  Jersey........................................................350,000
Indiana State University DegreeLink Partnership, a distance learning 
  program enabling graduates from area 2-year colleges to obtain 
  baccalaureates degrees......................................1,500,000
Ivy Technical State College in Indiana for Machine Tool Training 
  Program.....................................................1,000,000
Center for Education Technology Assessment at Connecticut State 
  University System...........................................1,250,000
21st Century Science Teachers Skills Project at Monmouth University, 
  New Jersey for teacher technology training....................400,000
Black Hawk College International Business Education Center in 
  Moline, Illinois to provide training in international economics58,000
World Learning School International Training in Brattleboro, Vermont 
  for the expansion of a study program in 12 less commonly taught 
  African languages.............................................325,000
Model Teacher Program at Diablo Valley Community College at Contra-
  Costa Community College District to foster interest in teaching 
  careers among high school and community college students......500,000
University of Rhode Island in Kingston, Rhode Island to foster 
  environmental education at the Center for Environmental Design, 
  Planning, and Policy........................................1,000,000
University of Wisconsin at Superior for project SPARKS to link 
  faculty with schools in the Superior School District in Wiscon400,000
Wisconsin Indianhead Technical College at Ashland and Superior to 
  provide high technology education and training................800,000
Urban College of Boston, Massachusetts for tutoring and mentor1,000,000
University of Nevada at Las Vegas for the Nevada Institute for 
  Children children's literacy program..........................100,000


             Technical Correction to Fiscal Year 1999 Bill

       The conference agreement deletes a provision contained in 
     the House bill which made a technical correction to P.L. 105-
     277 (the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999). The Senate bill had no similar 
     provision.

[[Page H12423]]

               Direct Student Loan Administrative Account

       The conference agreement deletes a provision contained in 
     the House bill which froze the administrative account for the 
     Direct Student Loan program at fiscal year 1999 levels. The 
     Senate bill had no similar provision.


                        Voluntary National Tests

       The conference agreement does not include a provision 
     contained in the Senate bill regarding voluntary national 
     tests. This language is not necessary since P.L. 105-277 (the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999) adopted a permanent change to the 
     law that specifically prohibited any pilot testing, field 
     testing, administration or distribution of individualized 
     national tests that are not specifically and explicitly 
     provided for in authorizing legislation enacted into law. At 
     the present time, there is no specific and explicit authority 
     in Federal law for individualized national tests.


                                Funding

       The conference agreement deletes a provision contained in 
     the Senate bill which redistributed funding for certain 
     education programs. The House bill contained no similar 
     provision.


         Leveraging Educational Assistance Partnership Program

       The conference agreement deletes a provision contained in 
     the Senate bill that provided advance funding for the LEAP 
     program. The House bill contained no similar provision.


        missing, exploited, and runaway children protection act

       The conference agreement includes an amendment to P.L. 106-
     71, the Missing, Exploited, and Runaway Children Protection 
     Act.


 limitation on punitive damages awarded against institutions of higher 
                               education

       The conference agreement includes an amendment to P.L. 106-
     37 which limits the punitive damages that may be awarded 
     against an institution of higher education that is sued in an 
     action for a ``Y2K'' failure in the institution's computer-
     based student financial aid system.


                        impact and hold harmless

       The agreement includes a provision which provides that when 
     calculating impact aid basic support payments, the Secretary 
     of Education shall not use a local contribution rate that is 
     less than the rate that was used in fiscal year 1998.


                 voter registration of college students

       The conference agreement includes an amendment to the 
     Higher Education Act of 1965 relating to voter registration 
     of college students.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       The conference agreement provides $68,295,000 for the Armed 
     Forces Retirement Home as proposed by the House. The Senate 
     bill contained no appropriation for the Home.

             Corporation for National and Community Service


        DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

       The conference agreement provides $295,645,000 for the 
     Domestic Volunteer Service programs instead of $293,261,000 
     as proposed by the Senate and $274,959,000 as proposed by the 
     House.
     Volunteers in Service to America (VISTA)
       The conference agreement provides $81,000,000 for VISTA as 
     proposed by the Senate instead of $73,000,000 proposed by the 
     House.
     National Senior Volunteer Corps
       The conference agreement provides $96,354,000 for the 
     Foster Grandparent Program (FGP), $39,369,000 for the Senior 
     Companion Program (SCP), and $46,293,000 for the Retired 
     Senior Volunteer Program (RSVP). The House proposed 
     $93,256,000 for Foster Grandparents, $36,573,000 for Senior 
     Companions and $43,001,000 for Retired Senior Volunteers. The 
     Senate proposed $95,000,000 for FGP, $39,031,000 for SCP and 
     $46,001,000 for RSVP.
       One-third of the increases provided for the FGP, SCP, and 
     RSVP programs shall be used to fund Programs of National 
     Significance expansion grants to allow existing FGP, RSVP and 
     SCP programs to expand the number of volunteers serving in 
     areas of critical need as identified by Congress in the 
     Domestic Volunteer Service Act.
       Sufficient funding has been included to provide a 2 percent 
     increase for administrative costs realized by all current 
     grantees in the FGP and SCP programs, and a 4 percent 
     increase for administrative costs realized by all current 
     grantees in the RSVP program. Funds remaining above these 
     amounts should be used to begin new FGP, RSVP and SCP 
     programs in geographic areas currently unserved. The 
     conference agreement expects these projects to be awarded via 
     a nationwide competition among potential community-based 
     sponsors.
       The Corporation for National and Community Service shall 
     comply with the directive that use of funding increases in 
     the Foster Grandparent Program, Retired and Senior Volunteer 
     Program and VISTA not be restricted to America Reads 
     activities. The agreement further directs that the 
     Corporation shall not stipulate a minimum or maximum amount 
     for PNS grant augmentations.
       The conference agreement also provides $1,500,000 for 
     senior demonstration activities, instead of $3,100,000 
     proposed by the Senate. The House did not propose funding for 
     this activity. Sufficient funds are provided for the third 
     and final year of the Seniors for Schools demonstration. Of 
     the total, $350,000 is provided to conduct an evaluation of 
     existing demonstration activities and to bring to closure the 
     Seniors for Schools demonstration project.
       Funds are also provided to continue other existing senior 
     demonstration activities, except that no funds are provided 
     for the payment of non-taxable, non-income stipends to 
     individuals not meeting income requirements established by 
     Congress. No new demonstration projects may be begun with 
     these funds. None of the increases provided for FGP, SCP, or 
     RSVP in fiscal year 2000 may be used for demonstration 
     activities. The agreement further expects that all future 
     demonstration activities will be funded through 
     allocations made through Part E of the Domestic Volunteer 
     Service Act.
       Funds appropriated for Fiscal Year 2000 may not be used to 
     implement or support service collaboration agreements or any 
     other changes in the administration and/or governance of 
     national service programs prior to passage of a bill by the 
     authorizing committees of jurisdiction specifying such 
     changes.
     Program administration
       The conference agreement includes $31,129,000 for program 
     administration of DVSA programs at the Corporation, instead 
     of $29,129,000 that was provided in both House and Senate 
     bills. The additional $2,000,000 is provided to assist the 
     Corporation in correcting its financial management weaknesses 
     and obtaining a clean opinion on its financial statements. 
     Funding should be used to fully implement the new core 
     financial management system and to make other technology 
     enhancements that will improve customer service and field 
     communications.

                  Corporation for Public Broadcasting

       The conference agreement provides $350,000,000 in advance 
     funding for fiscal year 2002 for the Corporation for Public 
     Broadcasting as proposed by the Senate instead of 
     $340,000,000 as proposed by the House.
       The conference agreement includes language proposed by the 
     House providing an additional $10,000,000 for digitalization, 
     if specifically authorized by subsequent legislation by 
     September 30, 2000. The Federal Communications Commission 
     (FCC) has mandated that all public television be converted 
     from analog to digital transmission by May 2003. Because 
     television and radio broadcast infrastructures are closely 
     linked, the conversion of television to digital will create 
     immediate costs not only for television, but also for public 
     radio stations. Public broadcasting stations with limited 
     resources, in particular small rural stations, will be faced 
     with extreme hardship because of the significant cost of 
     converting to digital, therefore, the conference agreement 
     encourages funds provided to be targeted to those stations 
     with the most financial need.
       The conference agreement commends the Corporation for 
     adoption of the Listener Access 2000 initiative and other 
     related efforts that recognize the need to enhance service in 
     rural and underserved areas. These steps will expand the 
     number of stations defined as serving rural areas, create a 
     new incentive grant tailored to areas with limited financial 
     resources, while maintaining the public-private nature of 
     public broadcasting.
       While this approach is a meaningful initial investment, the 
     conference agreement urges the Corporation to continue to 
     explore additional ways to ensure that its goal of universal 
     service throughout the country is achieved. The conference 
     agreement recognizes that stations serving rural and 
     underserved audiences typically have limited local potential 
     for fundraising because of sparse populations serviced, 
     limited number of local businesses, and low-income levels.
       The conference agreement strongly urges the Corporation to 
     consider expanding its Rural Listener Access Incentive Fund, 
     which will support further enhancements to and reliability of 
     service in rural and underserved areas. Furthermore, the 
     conference agreement supports additional actions that will 
     assist stations in serving rural and underserved areas.

               Federal Mediation and Conciliation Service

       The conference agreement provides $36,834,000 for the 
     Federal Mediation and Conciliation Service as proposed by the 
     Senate instead of $34,620,000 as proposed by the House. The 
     conference agreement also includes bill language proposed by 
     the Senate stating that FMCS may charge for training 
     activities, services, and assistance, including those 
     provided to foreign governments and international 
     organizations.

            Federal Mine Safety and Health Review Commission

       The conference agreement provides $6,159,000 for the 
     Federal Mine Safety and Health Review Commission as proposed 
     by the Senate instead of $6,060,000 as proposed by the House.

                Institute of Museum and Library Services

       The conference agreement provides $166,885,000 for the 
     Institute of Museum and Library Services. The Senate proposed 
     $154,500,000. The House proposed $149,500,000. The conference 
     agreement does not accept the President's request for 
     $5,000,000 under

[[Page H12424]]

     National Leadership Grants for Libraries for the National 
     Digital Library initiative. The increase in funding for this 
     account should be used for new awards under the regular grant 
     competition. Within the amount provided, the conference 
     report specifies funding for the following activities:

Library & Archives of New Hampshire's Political Tradition at the New 
  Hampshire State Library......................................$700,000
Vermont Department of Libraries in Montpelier, Vermont........1,000,000
Consolidation and preservation of archives and special collections 
  at the University of Miami Library in Coral Gables, FL........750,000
Exhibits and library improvements for the Mississippi River Museum 
  and Discovery Center in Dubuque, Iowa.......................1,900,000
Alaska Native Heritage Center in Anchorage......................750,000
Peabody-Essex Museum in Salem, MA...............................750,000
Bishop Museum in Hawaii.........................................750,000
Oceanside Public Library in California for a local cultural heritage 
  project.......................................................200,000
Urban Children's Museum Collaborative to develop and implement pilot 
  programs dedicated to serving at-risk children and their fam1,000,000
Troy State University Dothan in Alabama for archival of a special 
  collection....................................................150,000
Chadron State College in Nebraska for the Mari Sandoz Center....450,000
Alabama A&M University Alabama State Black Archives Research Center 
  and Museum....................................................350,000
Mystic Seaport, the Museum of America and the Sea, in Connecticut to 
  develop an educational outreach and informal learning laborato350,000
Museum for African Art in New York City, New York for community 
  programming...................................................100,000
Children's Museum of Manhattan in New York City, New York for family 
  programming....................................................35,000
Temple University Libraries African American library digitization 
  initiative....................................................250,000
Natural History Museum of Los Angeles County for a science education 
  program that targets a Spanish speaking audience............1,000,000
Full Service Public Library in Molalla, Oregon for technology 
  training and community education programs.....................400,000
Portland State University Millar Library for technology-based 
  information and research networks.............................500,000
Dakota Wesleyan University to develop an advanced telecommunications 
  system to provide library services for faculty development, 
  student support and an overall resource for community reside1,000,000

        National Commission on Libraries and Information Science

       The conference agreement provides $1,300,000 for the 
     National Commission on Libraries and Information Science as 
     proposed by the Senate instead of $1,000,000 as proposed by 
     the House. The conference agreement also includes bill 
     language citing Public Law 91-345, as amended.

                     National Council on Disability

       The conference agreement provides $2,400,000 for the 
     National Council on Disability as proposed by the Senate 
     instead of $2,344,000 as proposed by the House.

                     National Education Goals Panel

       The conference agreement provides $2,250,000 for the 
     National Education Goals Panel as proposed by the Senate 
     instead of $2,100,000 as proposed by the House.

                     National Labor Relations Board

       The conference agreement provides $206,500,000 for the 
     National Labor Relations Board instead of $210,193,000 as 
     proposed by the Senate and $174,661,000 as proposed by the 
     House.
       The conference agreement deletes language proposed by the 
     House which prohibits the NLRB from expending any funds to 
     promulgate a final rule regarding the use of single location 
     bargaining units in representation cases. The conference 
     agreement notes that the NLRB has indefinitely withdrawn from 
     active consideration its proposed rulemaking proceedings in 
     this area.

                        National Mediation Board

       The conference agreement provides $9,600,000 for the 
     National Mediation Board as proposed by the Senate instead of 
     $8,400,000 as proposed by the House. The conference agreement 
     also includes bill language that unobligated balances at the 
     end of fiscal year 2000 not needed for emergencies shall 
     remain available through September 30, 2001.
       The conference agreement includes an increase of $500,000 
     over the request to reduce section 3 case backlogs by 
     improving the availability of arbitrators through increased 
     arbitrator compensation. The NMB is expected to report to the 
     Appropriations Committees before the FY 2001 hearings on the 
     effect of increased arbitrator pay and other agency efforts 
     to reduce case backlogs.

            Occupational Safety and Health Review Commission

       The conference agreement provides $8,500,000 for the 
     Occupational Safety and Health Review Commission as proposed 
     by the Senate instead of $8,100,000 as proposed by the House.

                       Railroad Retirement Board


                     DUAL BENEFITS PAYMENT ACCOUNT

       The conference agreement provides $174,000,000 for dual 
     benefits payments instead of $175,000,000 as proposed by both 
     the House and the Senate.


                      LIMITATION ON ADMINISTRATION

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $91,000,000 for 
     administrative expenses instead of $90,000,000 as proposed by 
     both the House and the Senate.

                     Social Security Administration


                  SUPPLEMENTAL SECURITY INCOME PROGRAM

       The conference agreement includes $21,503,085,000 for the 
     Supplemental Security Income Program instead of 
     $21,553,085,000 as proposed by the Senate and $21,474,000,000 
     as proposed by the House.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes a limitation of 
     $6,111,871,000 on transfers from the Social Security and 
     Medicare trust funds and Supplemental Security Income program 
     for administrative activities instead of $6,188,871,000 as 
     proposed by the Senate and $5,996,000,000 as proposed by the 
     House.
       The conference agreement includes language authorizing the 
     Commissioner of Social Security to use up to $3,000,000, in 
     addition to amounts appropriated previously, for Federal-
     State partnerships to evaluate ways to promote Medicare buy-
     in programs targeted to elderly and disabled individuals.

                      Office of Inspector General

       The conference agreement provides $66,000,000 for the 
     Office of Inspector General through a combination of general 
     revenues and limitations on trust fund transfers as proposed 
     by the Senate instead of $56,000,000 as proposed by the 
     House.

                    United States Institute of Peace

       The conference agreement provides $13,000,000 for the 
     United States Institute of Peace as proposed by the Senate 
     instead of $12,160,000 as proposed by the House. The 
     conference agreement directs the United States Institute of 
     Peace to provide information in the fiscal year 2001 
     Congressional budget justification regarding the use of 
     appropriated funds in the Endowment. Included in this 
     information should be the total amount of appropriated funds 
     transferred into the Endowment from the most recent fiscal 
     year available, the total amount of interest earned in the 
     fiscal year on those funds, a list of all dates in which draw 
     downs occur and those amounts, and a beginning and end of 
     year balance of the Endowment.

                      TITLE V--GENERAL PROVISIONS


                    Distribution of Sterile Needles

       The conference agreement includes a general provision as 
     proposed by the House that prohibits the use of funds in this 
     Act to carry out any program of distributing sterile needles 
     or syringes for the hypodermic injection of any illegal drug. 
     The Senate bill included the same provision except that it 
     would not have become effective until one day after the date 
     of enactment of this Act.


                   Unobligated Salaries and Expenses

       The conference agreement includes a general provision 
     proposed by the House that would allow salaries and expenses 
     funds in the bill that are unobligated at the end of the 
     fiscal year to remain available for three additional months, 
     provided that the Appropriations Committees are notified 
     before they are obligated. The Senate bill had no similar 
     provision.


                   Railroad Retirement Board Buyouts

       The conference agreement includes a provision amending 
     existing law as proposed by the Senate to allow the Railroad 
     Retirement Board to offer voluntary separation incentives to 
     Board employees who either retire or resign by March 31, 
     2000. The House bill contained no similar provision.


                         Brooklyn Museum of Art

       The conference agreement does not include a provision 
     expressing the sense of the Senate that the conferees on H.R. 
     2466, the FY 2000 Interior Appropriations Act, shall include 
     language prohibiting the use of funds for the Brooklyn Museum 
     of Art unless the Museum immediately cancels the exhibit 
     ``Sensation'' which contains obscene and pornographic 
     pictures and other offensive material.


                      Hospital Outpatient Services

       The conference agreement deletes without prejudice a sense 
     of the Senate provision that the Secretary of HHS should 
     carry out congressional intent and cease her inappropriate 
     interpretation of the provisions of the prospective payment 
     system for hospital outpatient department services under 
     section 1833(t) of the Social Security Act (42 U.S.C. 
     13951(t)).


                  Former Recipients of TANF Assistance

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that it is important that 
     Congress determine the economic status of former recipients 
     of assistance under the TANF program.


                   Scientific Validity of Polygraphy

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that the Director of the NIH 
     should

[[Page H12425]]

      enter into appropriate arrangements with the National 
     Academy of Sciences to conduct a comprehensive study and 
     investigation into the scientific validity of polygraphy as a 
     screening tool for Federal and Federal contractor personnel. 
     However, the Secretary of HHS is urged to conduct such a 
     study and report her findings to Congress.


                        Prostate Cancer Research

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that finding treatment 
     breakthroughs and a cure for prostate cancer should be made a 
     national health priority, that significant increases in 
     prostate cancer research funding should be made available to 
     NIH and DoD, and that these agencies should prioritize 
     research that is directed toward innovative clinical and 
     translational projects.


                      Border Health Commission Act

       The conference agreement includes a Senate provision 
     amending the United States-Mexico Border Health Commission 
     Act to require the President to appoint the United States 
     members of the Commission and attempt to conclude an 
     agreement with Mexico providing for the establishment of such 
     Commission no later than 30 days after the date of enactment 
     of this provision. The House bill contained no similar 
     provision.


             Access to Obstetric and Gynecological Services

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that Congress should enact 
     legislation that requires health plans to provide women with 
     direct access to a participating obstetrician/gynecologist 
     without first having to obtain a referral from a primary care 
     provider or the health plan.


                        Public Education Reform

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that the Federal government 
     should support state and local educational agencies engaged 
     in comprehensive reform of their public education systems.


                  Federal Employees' Compensation Act

       The conference agreement includes a Senate provision with 
     respect to a compensation claim arising from injuries 
     sustained as a result of an employee's exposure to a nitrogen 
     or sulfur mustard agent at the Department of the Army's 
     Edgewood Arsenal before March 20, 1944. The House had no 
     similar provision.


                        Workforce Investment Act

       The conference agreement includes a Senate provision 
     amending the Workforce Investment Act with respect to Alaska 
     Natives. The House had no similar provision.


                          Needlestick Injuries

       The conference agreement deletes without prejudice a sense 
     of the Senate provision stating that the Senate should pass 
     legislation to eliminate or minimize the risk of needlestick 
     injury to health care workers.

                                TITLE VI


         Newborn and Infant Hearing Screening and Intervention

       The conference agreement includes a separate title as 
     proposed by the House which authorizes grants to States on a 
     voluntary basis for a three-year period to aid in setting up 
     newborn infant hearing screening programs. This language 
     authorizes funding for the Health Resources and Services 
     Administration, the Centers for Disease Control and 
     Prevention, and the National Institutes of Health for the 
     implementation of these programs and provides that State 
     programs shall work with participants to ensure that all 
     children are given options for care to include, but not be 
     limited to medical, audiologic, rehabilitative, education, 
     and community service programs. The Senate bill contained no 
     similar language.

                               TITLE VII

                           Denali Commission

       The conference agreement amends Section 307 of Title III--
     Denali Commission of Division C--Other Matters of P.L. 105-
     277 by adding a new subsection that authorizes the Secretary 
     of HHS to make grants to the Denali Commission to plan, 
     construct, and equip multi-county demonstration health, 
     nutrition, and child care projects in accordance with the 
     Work Plan referred to under section 304. The House and Senate 
     bills contained no similar provision.

                               TITLE VIII

                        Welfare-to-Work Changes

       The conference agreement incorporates amendments to the 
     Welfare-to-Work authorizing legislation (section 403(a)(5) of 
     the Social Security Act). These amendments were included in a 
     bill considered and passed by the House (H.R. 3073). 
     Effective date provisions have been added.
       These amendments streamline eligibility determinations for 
     welfare recipients and others with characteristics associated 
     with welfare dependence, extend eligibility to youths aging 
     out of foster care and to custodial parents below the poverty 
     level, and enhance opportunities for noncustodial parents 
     entering into personal responsibility agreements with 
     commitments to provide child support. Vocational educational 
     or job training for up to 6 months will be an allowable 
     activity in Welfare-to-Work programs. Reporting requirements 
     are simplified. The conference agreement reduces the existing 
     law's authority to award $100 million in bonuses to Welfare-
     to-Work programs for successful performance to $50 million.

                            Other Provisions

       The conference agreement deletes without prejudice a House 
     provision to require any elementary or secondary school or 
     public library that has received any Federal funds for the 
     acquisition or operation of any computer that is accessible 
     to minors and that has access to the Internet to install 
     software on such computer designed to prevent minors from 
     obtaining access to any obscene information using that 
     computer and to ensure that such software is operational 
     whenever that computer is used by minors. Exceptions are 
     granted to permit a minor to have access to information 
     that is not obscene or otherwise unprotected by the 
     Constitution under the direct supervision of an adult 
     designated by the school or library. The Senate bill 
     contained no similar provision.
       The conference agreement does not include House language 
     amending the National Labor Relations Act to require the NLRB 
     to adjust its jurisdictional threshold amounts for the 
     inflation that has occurred since the adoption of the current 
     thresholds on August 1, 1959. The Senate bill contained no 
     similar provision.
       The conference agreement does not include House language 
     amending the Internal Revenue Code to require that Earned 
     Income Tax Credit payments be paid on a monthly basis rather 
     than in a lump sum annual payment. The Senate bill contained 
     no similar language.
       The conference agreement does not include House language 
     amending the Higher Education Act to require the Secretary of 
     Education to charge an origination fee on direct student 
     loans of four percent. The Senate bill included no similar 
     provision.
       The conference agreement does not include House language 
     amending the National Housing Act to eliminate the premium 
     rebate on FHA home mortgages. The Senate bill included no 
     similar provision.
       The conference agreement does not include an appropriation 
     of $508,000,000 proposed by the House for the Department of 
     Agriculture to provide assistance to producers for crop and 
     livestock losses incurred as a result of the hurricanes, and 
     the flooding associated with the hurricanes, that struck the 
     eastern United States in August and September, 1999. The 
     Senate bill included no similar appropriation.

                          Conference Agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparisons:

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[[Page H12492]]

       The conference agreement would enact the provisions of H.R. 
     3425 as introduced on November 17, 1999. The text of that 
     bill follows:
       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 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.


                       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 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 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 four-week period multiplied by the amount of 
     documented purchases by domestic users and sales for export 
     by exporters made in the week following such a consecutive 
     four-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

[[Page H12493]]

     allocated under this paragraph to ensure compliance with all 
     applicable laws and requirements: Provided further, That no 
     funds 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 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 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 (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

[[Page H12494]]

     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.
       (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 shall 
     also identify and assess valid proposals (including the cost 
     of such proposals) to accelerate medical research in this 
     area, especially those aimed at studying, diagnosing, and 
     developing treatment protocols for Gulf War veterans with 
     multi-system symptoms and multiple chemical intolerances.


                     (including transfer of funds)

       Sec. 218. In addition to amounts appropriated or otherwise 
     made available in Public Law 106-79, $100,000,000 is hereby 
     appropriated to the Department of the Army and shall be made 
     available only for transfer to titles II, III, IV, and V of 
     Public law 106-79 to meet readiness needs: Provided, That 
     these funds may be used to initiate the fielding and 
     equipping, to include leasing of vehicles for test and 
     evaluation, of two prototype brigade combat teams at Fort 
     Lewis, Washington: Provided further, That funds transferred 
     pursuant to this section shall be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this section is in 
     addition to any transfer authority available to the 
     Department of Defense: Provided further, That none of the 
     funds made available under this section may be obligated or 
     expended until 30 days after the Chief of Staff of the Army 
     submits a detailed plan for the expenditure of the funds to 
     the congressional defense committees.


                          (Transfer of Funds)

       Sec. 219. Of the funds appropriated in Public Law 106-79, 
     $500,000 shall be transferred from ``Research, Development, 
     Test, and Evaluation, Army'' to ``Operation and Maintenance, 
     Defense-Wide'': Provided, That funds transferred pursuant to 
     this section shall be merged with and be available for the 
     same purposes and for the same time period as the 
     appropriation to which transferred.
       Sec. 220. Exemption for Waste Management Facilities Owned 
     or Operated by the United States. No form of financial 
     responsibility requirement shall be imposed on the Federal 
     Government or its contractors as to the operation of any 
     waste management facility which is designed to manage 
     transuranic waste material and is owned or operated by a 
     department, agency, or instrumentality of the executive 
     branch of the Federal Government and subject to regulation by 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or by a 
     State program authorized under that Act.
       Sec. 221. (a) That portion of the project for navigation, 
     Newport Harbor, Rhode Island, authorized by the Rivers and 
     Harbors Act of 1907, House Document 438, 59th Congress, 2nd 
     Session, described by the following: N148,697.62, 
     E548,281.70, thence running south 9 degrees 42 minutes 14 
     seconds east 720.92 feet to a point N147,987.01, E548,403.21, 
     thence running south 80 degrees 17 minutes 45.2 seconds west 
     313.60 feet to a point N147,934.15, E548,094.10, thence 
     running north 8 degrees 4 minutes 50 seconds west 776.9 feet 
     to a point N148,703.30, E547,984.90, thence running south 88 
     degrees 54 minutes 13 seconds east 296.85 feet returning to a 
     point N148,697.62, E548,281.70 shall no longer be authorized 
     after the date of enactment of this Act.
       (b) The area described by the following: N150,482.96, 
     E548,057.84, thence running south 6 degrees 9 minutes 49 
     seconds east 1300 feet to a point N149,190.47, E548,197.42, 
     thence running 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

[[Page H12495]]

     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'' in Public Law 106-69, 
     item number 66 shall be amended by striking ``Colorado 
     Association of Transit Agencies'' and inserting ``Colorado 
     buses and bus facilities'', item number 107 shall be amended 
     by striking ``Kansas Public Transit Association buses and bus 
     facilities'' and inserting ``Kansas buses and bus 
     facilities'', the figure in item number 92 shall be amended 
     to read ``3,340,000'', item number 251 shall be amended by 
     inserting after ``buses'' the following: ``and bus 
     facilities'', and there shall be inserted after item number 
     279 under ``Capital Investment Grants'' the following:


``280.           Iowa.............  Mason City, bus           160,000'':
                                     facility.
 

     Provided further, That Public Law 105-277, 112 Stat. 2681-
     458, item number 243 shall be amended by inserting after the 
     word ``buses'' the following: ``and bus facilities''.
       Sec. 226. No funds made available in Public Law 106-69 or 
     any other Act shall be used to decommission or otherwise 
     reduce operations of U.S. Coast Guard WYTL harbor tug boats.
       Sec. 227. Section 351 of Public Law 106-69 is amended by 
     striking ``provided'' and inserting ``appropriated or 
     limited''.
       Sec. 228. For purposes of section 5117(b)(5) of the 
     Transportation Equity Act for the 21st Century, for fiscal 
     years 1998, 1999 and 2000 the cost-sharing provision of 
     section 5001(b) shall not apply.
       Sec. 229. Section 366 of the Department of Transportation 
     and Related Agencies Appropriations Act, 2000 (Public Law 
     106-69) is amended--
       (1) by striking ``and subject to subsection (b),''; and
       (2) by striking ``under subsection (a)'' and inserting 
     ``under this section''.
       Sec. 230. Section 408 of the Woodrow Wilson Memorial Bridge 
     Authority Act of 1995 (109 Stat. 631) is amended--
       (1) by striking ``The'' and inserting ``(a) In General.--
     The''; and
       (2) by adding at the end the following:
       ``(b) Transportation Improvement Program.--Notwithstanding 
     sections 134(g)(2)(B), 134(h)(3)(D) and 135(f)(2)(D) of title 
     23, United States Code, the Project may be included in a 
     metropolitan long-range transportation plan, a metropolitan 
     transportation improvement program, and a State 
     transportation improvement program under sections 134 and 
     135, respectively, of that title.''.
       Sec. 231. (a) Exemption for Aircraft Modification or 
     Disposal, Scheduled Heavy Maintenance, or Leasing-Related 
     Flights.--Section 47528 is amended--
       (1) by striking ``subsection (b)'' in subsection (a) and 
     inserting ``subsection (b) or (f)'';
       (2) by adding at the end of subsection (e) the following:
       ``(4) An air carrier operating Stage 2 aircraft under this 
     subsection may transport Stage 2 aircraft to or from the 48 
     contiguous States on a non-revenue basis in order--
       ``(A) to perform maintenance (including major alterations) 
     or preventative maintenance on aircraft operated, or to be 
     operated, within the limitations of paragraph (2)(B); or
       ``(B) conduct operations within the limitations of 
     paragraph (2)(B).''; and
       (3) adding at the end thereof the following:
       ``(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.''.
       (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-
     584-2681-585) 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 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

[[Page H12496]]

     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.
       (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 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.
       ``(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.

               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--

[[Page H12497]]

       (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.
       ``(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).''.

     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.
       ``(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'';
       (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

[[Page H12498]]

     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
       (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.
       (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;
       ``(B) to adopt an integrated development strategy to 
     support poverty reduction through economic growth, that 
     includes monitorable poverty reduction goals;
       ``(C) to take steps so that the financial benefits of debt 
     relief are applied to programs to combat poverty (in 
     particular through concrete measures to improve economic 
     infrastructure, basic services in education, nutrition, and 
     health, particularly treatment and prevention of the leading 
     causes of mortality) and to redress environmental 
     degradation;
       ``(D) to take steps to strengthen and expand the private 
     sector, encourage increased trade and investment, support the 
     development of free markets, and promote broad-scale economic 
     growth;
       ``(E) to implement transparent policy making and budget 
     procedures, good governance, and effective anticorruption 
     measures;
       ``(F) to broaden public participation and popular 
     understanding of the principles and goals of poverty 
     reduction, particularly through economic growth, and good 
     governance; and
       ``(G) to promote the participation of citizens and 
     nongovernmental organizations in the economic policy choices 
     of the government.
       ``(2) Faster debt relief.--The Secretary of the Treasury 
     should urge the IMF and the World Bank to complete a debt 
     sustainability analysis by December 31, 2000, and determine 
     eligibility for debt relief, for as many of the countries 
     under the modified Heavily Indebted Poor Countries Initiative 
     as possible.
       ``(b) Heavily Indebted Poor Countries Review.--The 
     Secretary of the Treasury, after consulting with the 
     Committees on Banking and Financial Services and 
     International Relations of the House of Representatives, and 
     the Committees on Foreign Relations and Banking, Housing, and 
     Urban Affairs of the Senate, shall make every effort 
     (including instructing the United States Directors at the 
     IMF and World Bank) to ensure that an external assessment 
     of the modified Heavily Indebted Poor Countries 
     Initiative, including the reformed Enhanced Structural 
     Adjustment Facility program as it relates to that 
     Initiative, takes place by December 31, 2001, 
     incorporating the views of debtor governments and civil 
     society, and that such assessment be made public.
       ``(c) Definition.--The term `modified Heavily Indebted Poor 
     Countries Initiative' means the multilateral debt initiative 
     presented in the Report of G-7 Finance Ministers on the Koln 
     Debt Initiative to the Koln Economic Summit, Cologne, 
     Germany, held from June 18-20, 1999.

     ``SEC. 1624. REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT 
                   FACILITY.

       ``The Secretary of the Treasury shall instruct the United 
     States Executive Directors at the International Bank for 
     Reconstruction and Development (World Bank) and the 
     International Monetary Fund (IMF) to use the voice and vote 
     of the United States to promote the establishment of poverty 
     reduction strategy policies and procedures at the World Bank 
     and the IMF that support countries' efforts under programs 
     developed and jointly administered by the World Bank and the 
     IMF that have the following components:

[[Page H12499]]

       ``(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 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 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 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 port 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.

[[Page H12500]]

     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.

                  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.
       Following is explantory language on H.R. 3425, as 
     introduced on November 17, 1999.

             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

       The conference agreement provides additional resources for 
     damages caused by hurricanes and other natural disasters in 
     North Carolina, Florida and other states.

                          Farm Service Agency


           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

       The conference agreement appropriates additional subsidies 
     for the following programs: $828,000 for direct farm 
     ownership loans (providing for an estimated loan level of 
     $21,951,000); $3,184,000 for guaranteed farm ownership loans 
     (providing for an estimated loan level of $568,627,000); 
     $23,441,000 for direct operating loans (providing for an 
     estimated loan level of $400,000,000); $4,260,000 for 
     unsubsidized guaranteed operating loans (providing for an 
     estimated loan level of $302,158,000); $61,895,000 for 
     subsidized guaranteed operating loans (providing for an 
     estimated loan level of $702,558,000); and $84,949,000 for 
     emergency loans (providing for an estimated loan level of 
     $547,000,000).
       The conference agreement meets critical needs to finance 
     the repair or replacement of farm structures or equipment 
     damaged by natural disasters.


                     EMERGENCY CONSERVATION PROGRAM

       The conference agreement provides $50,000,000 for the 
     Emergency Conservation Program.

                   Commodity Credit Corporation Fund


                          CROP LOSS ASSISTANCE

       The conference agreement provides an additional 
     $186,000,000 for crop loss assistance under the same terms 
     and conditions as in section 801 of Public Law 106-78.


                       Specialty Crop Assistance

       The conference agreement provides an additional $2,800,000 
     for specialty crop assistance and makes eligible producers of 
     commodities harvested and placed in warehouses but not sold.
       In carrying out the production loss provisions of section 
     801 of P.L. 106-78, the Secretary of Agriculture shall be 
     expected to take into account quality losses including those 
     related to potato blight, Sclerotinia in sunflowers, and 
     discounts for durum and spring wheat due to lack of milling 
     and baking quality, and grading losses of peanuts and fruits 
     and vegetables (including sweet potatoes) due to excessive 
     moisture and related conditions.


                          LIVESTOCK ASSISTANCE

       The conference agreement provides an additional $10,000,000 
     for livestock assistance authorized by section 805 of Public 
     Law 106-78. The conference agreement further provides 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

       The conference agreement provides an additional $80,000,000 
     for Watershed and Flood Prevention Operations to repair 
     damages to waterways and watersheds resulting from natural 
     disasters.

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

       The conference agreement appropriates additional subsidies 
     of $4,265,000 for section 502 direct loans (providing for an 
     estimated loan level of $50,000,000), $4,584,000 for section 
     504 housing repair loans (providing for an estimated loan 
     level of $15,000,000), and $2,250,000 for section 514 farm 
     labor housing (providing for an estimated loan level of 
     $5,000,000).


                    RURAL HOUSING ASSISTANCE GRANTS

       The conference agreement provides an additional $14,500,000 
     for rural housing assistance grants of which $10,000,000 is 
     for section 504 very low-income housing repair and $4,500,000 
     is for section 514 farm labor housing.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101. The conference agreement directs the Secretary of 
     Agriculture to provide up to $20,000,000 in assistance under 
     the noninsured crop assistance program, 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.
       Sec. 102. The conference agreement includes language making 
     a technical correction to section 814 of Public Law 106-78 
     regarding crop insurance premium discounts.
       Sec. 103. The conference agreement includes language 
     permitting the Secretary of Agriculture to obligate not to 
     exceed $4,700,000 of previously appropriated funds for 
     mandatory livestock private reporting.
       Sec. 104. The conference agreement includes language which 
     permits the Secretary of Agriculture to provide assistance to 
     producers or first-handlers for the 1999 crop of cottonseed, 
     and which provides special competitive provisions for extra 
     long staple cotton.
       The Farm Service Agency of the Department of Agriculture 
     has indicated that funds made available by previous 
     appropriations Acts for market loss assistance may exceed the 
     amounts necessary to carry out the requirements of those 
     Acts. If the Secretary determines that this is the case, the 
     conference agreement directs that such funds shall be applied 
     first to fund activities related to mandatory livestock price 
     reporting, second to fund assistance to producers or first-
     handlers for the 1999 crop of cottonseed, and third to fund 
     activities related to special competitive provisions for 
     extra long staple cotton. Within 30 days of enactment of this 
     Act, the Secretary shall report to the Appropriations 
     Committees of the House and the Senate on the status of funds 
     previously appropriated for market loss assistance in Public 
     Laws 105-277 and 106-78, and the plan and timetable for 
     obligation of any excess funds. Further, the Secretary shall 
     report periodically (but no less frequently than quarterly) 
     on the status of such funds and plans until all funds 
     previously appropriated for market loss assistance are 
     exhausted.
       Sec. 105. The conference agreement requires that the entire 
     amount necessary to carry out 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, is transmitted by 
     the President to the Congress and that the entire amount is 
     designated by the Congress as an emergency requirement.

                               CHAPTER 2

                  Federal Emergency Management Agency


                            disaster relief

       The President has proposed that of the funding made 
     available in Public Law 106-74, up to $429,149,000 would be 
     available for property acquisition and relocation assistance 
     for residential homeowner victims of Hurricane Floyd. Since 
     current regulations and policies do not adequately address 
     this type of assistance, the President's proposal would be to 
     provide this funding to the affected states through the 
     section 404 program of the Stafford Act.
       There is no doubt that Hurricane Floyd caused significant 
     damage and loss of property. The Congress is committed to 
     providing appropriate assistance to affected property owners. 
     However, the conferees are concerned that FEMA does not have 
     a structured program for buyouts and relocation of 
     structures, including eligibility criteria, oversight 
     procedures, procedures for affected states to prioritize 
     projects, requirements for the submission of state and local 
     buyout plans, procedures for cost-benefit analysis, and the 
     process for measuring program results.
       The appropriate Congressional committees of jurisdiction 
     should hold hearings early in the next session of Congress to 
     explore fully the extent of the problem which exists because 
     of damage caused by Hurricane Floyd and surrounding events, 
     and the benefits and problems associated with buyouts and 
     relocations. The authorizing committees should

[[Page H12501]]

     then recommend solutions to those problems, keeping in mind 
     the need to control disaster relief costs while addressing 
     the most compelling needs. Such hearings could then serve as 
     the basis for FEMA to undertake a rulemaking which includes a 
     significant comment period and would result in a policy which 
     could be applied in a uniform manner to ensure that all 
     individuals suffering losses are treated in a consistent and 
     equitable manner.
       In the interim, the conferees have agreed to provide 
     authority to spend up to $215,000,000 for buyout of 
     homeowners (or the relocation of structures) for residences 
     that have been made uninhabitable by flooding caused by 
     Hurricane Floyd, and surrounding events, which are located in 
     the 100-year flood plain. FEMA is required to promulgate 
     interim regulations not later than December 31, 1999, 
     pertaining to the buyout program. The conferees are aware 
     that the authority provided does not give FEMA the same 
     flexibility afforded under the section 404 program and FEMA 
     is directed to report to the Committees on Appropriations of 
     the House and Senate on any significant problems which arise 
     as a result of this decreased flexibility.
       The conferees continue to have serious concerns about the 
     dissemination of accurate and useful information to water 
     well owners about testing for contamination and implementing 
     decontamination procedures for household drinking water in 
     flood areas. The conferees encourage FEMA to continue to work 
     with expert organizations, like the National Ground Water 
     Association, in developing information about proper 
     decontamination practices and procedures.

                 TITLE II--OTHER APPROPRIATIONS MATTERS

                 DEPARTMENT OF AGRICULTURE--OTHER ITEMS

       The conference agreement expects the Agricultural Marketing 
     Service [AMS] to continue to assess the existing inventories 
     of cranberries and to determine whether or not there is a 
     surplus and continued low price in fiscal year 2000. If there 
     is a surplus inventory of cranberries and continued low 
     price, the Department is expected to purchase surplus 
     cranberries under the authorities of section 32 for donation 
     to schools, institutions, and other domestic feeding programs 
     or for humanitarian food aid.
       The conference agreement encourages the Natural Resources 
     Conservation Service to assist in the construction of the 
     Snake River project in Warren, Minnesota.
       The conference agreement directs the General Accounting 
     Office (GAO), in close consultation with the Department of 
     Agriculture, to transmit to the Committees on Appropriations, 
     Agriculture and Judiciary by June 30, 2000 a report on 
     current practices and policies in the states concerning bonds 
     to secure payment of employee wage obligations of ``farm 
     labor contractors.'' The report shall include (a) a summary 
     of state law requirements for such bonding of farm labor 
     contractors; (b) an analysis of the role of farm labor 
     contractors in the allocation and provision of farm labor for 
     work performed by seasonal and migrant agricultural workers 
     and the effect that state law bonding requirements have had 
     on the availability of farm labor contracting services and 
     farm labor; (c) an economic assessment of the availability, 
     reliability and costs of such bonds for farm labor 
     contractors; and (d) an assessment of the effect of such bond 
     requirements on total farm labor compensation costs and 
     benefits.
       Sections 201 and 202. The bill includes new sections 
     related to Food and Drug Administration facilities.
       Sec. 203. The conference agreement includes language which 
     permits the Secretary of Agriculture to use funds provided 
     for fiscal year 2000 for rural housing assistance grants for 
     a pilot project to provide home ownership for farm workers 
     and workers involved in the processing of farm products in 
     the Salinas, California area.
       Sec. 204. The conference agreement includes language which 
     directs the Secretary of Agriculture to use $16,000,000 of 
     Commodity Credit Corporation funds for replacement of 
     commercial and non-commercial citrus trees removed to control 
     citrus canker.
       Sec. 205. The conference agreement includes language which 
     provides for continuation of crop insurance revenue insurance 
     pilots, and which provides for expansion of other crop 
     insurance pilots. The Department is directed to report to the 
     Appropriations Committees of the House and Senate fifteen 
     days prior to the implementation of any expansion of crop 
     insurance pilot projects. This report will be expected to 
     display the scope, impact, and justification for the 
     expansion.
       Sec. 206. The conference agreement includes language which 
     revises crop insurance sales closing dates.
       Sec. 207. The conference agreement includes language which 
     allows funding to be provided for certain flood-related 
     losses in the State of Oregon.
       Sec. 208. The conference agreement includes language which 
     provides $5,000,000 and allows funding to be provided to 
     repair storm-related damage to the Tillamook Railroad.
       Sec. 209. The conference agreement includes language which 
     provides that the Congressional Hunger Center may invest 
     funds for hunger fellowships and expend income from such 
     funds, and that previously appropriated funds may be paid 
     directly to the Congressional Hunger Center.
       Sec. 210. The conference agreement permits the Secretary of 
     Agriculture to reprogram funds 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. The conference agreement includes language which 
     repeals section 755(b) of Public Law 106-78, which is not 
     required because the identical provision was enacted in 
     section 1 of Public Law 106-47.
       Sec. 212. The conference agreement includes a provision 
     which amends Section 602(b)(2) of the Small Business 
     Reauthorization Act of 1997 to include the Departments of 
     Commerce, Justice and State as participating agencies in the 
     HUBZone program.
       Sec. 213. Spectrum Auction.--The conference agreement 
     includes a general provision regarding the competitive 
     auction of communication frequencies, a provision which 
     replaces a version included in the Department of Defense 
     Appropriations Act, 2000 (Public Law 106-79).
       Sec. 214. Progress Payments.--The conference agreement 
     includes a general provision that adjusts the Department of 
     Defense procedures for making progress payments, a provision 
     which replaces a version included in the Department of 
     Defense Appropriations Act, 2000 (Public Law 106-79).
       Sec. 215. Prompt Payment.--The conference agreement 
     includes a general provision that adjusts payment procedures 
     and policies for valid invoices covered by the Prompt Payment 
     Act, a provision which replaces a version included in the 
     Department of Defense Appropriations Act, 2000 (Public Law 
     106-79).
       Sec. 216. Study Regarding Taiwan and the People's Republic 
     of China.--The conference agreement includes a general 
     provision requiring the submission of a joint report by the 
     Office of Net Assessment (Office of the Secretary of Defense) 
     and the United States Pacific Command regarding 
     implementation of relevant sections of the Taiwan Relations 
     Act, and gaps in relevant knowledge about the People's 
     Republic of China's intentions and capabilities as they might 
     affect the current and future military balance between Taiwan 
     and the PRC.
       Sec. 217. DoD-VA Study Regarding Low-Level Chemical 
     Exposures. The conference agreement include general provision 
     requiring the submission of a joint report by the Secretaries 
     of Defense and Veterans Affairs assessing the adequacy of 
     medical research activities investing the health effects of 
     low-level chemical exposures of Persian Gulf military forces 
     while serving in the Southwest Asia theater of operations.


           fiscal year 2000 appropriations act clarification

       The conferees agree that it was the intention of Congress 
     that the requirements of section 8149 of Public Law 106-79 in 
     no way supercede the requirements of section 8154 of that 
     Act.
       Sec. 218. Army Readiness Enhancements. The conference 
     agreement includes a general provision providing $100,000,000 
     to the Department of the Army, to address existing readiness 
     shortfalls. The provision permits these funds to be used to 
     initiate testing and validation of the new Army Vision 
     concept. The conferees direct that none of the funds provided 
     in this section may be obligated until 30 days after the 
     Chief of Staff of the Army reports to the congressional 
     defense committees the specific plan to utilize these funds, 
     and, if funds are designated for the Army Vision concept, the 
     relationship between these expenditures and the fiscal year 
     2001 Army budget request for continuation of these 
     initiatives.
       Sec. 219. Transfer of Funds--Department of Defense 
     Appropriations Act, 2000. The conference agreement includes a 
     general provision transferring $500,000 of sums appropriated 
     from Research, Development, Test and Evaluation, Army (from 
     funds designated for ``next generation command and control 
     system'') to Operation and Maintenance, Defense-Wide. These 
     funds shall be made available to the Office of Economic 
     Adjustment to complete the Washington Square project, 
     initiated by the Department of Defense in previous years.
       Sec. 220. The conference agreement includes a provision 
     prohibiting the imposition on the Federal government or its 
     contractors of any financial responsibility requirement 
     associated with the operation of Federal transuranic waste 
     management facilities.
       Sec. 221. The conference agreement includes a provision 
     deauthorizing a certain portion of the Newport Harbor, Rhode 
     Island, project of the U.S. Army Corps of Engineers. The 
     provision redesignates two other portions of the project as 
     anchorage areas.
       Sec. 222. The conference agreement includes $1,250,000 to 
     purchase the Elias tract to be included in the Wertheim 
     National Wildlife Refuge in Brookhaven, New York.
       Sec. 223. A death gratuity has been provided to the widow 
     of John H. Chafee, late a Senator from the State of Rhode 
     Island.
       Sec. 224. A provision has been included authorizing a 
     change in the pay levels of the Director and Deputy Director, 
     Congressional Budget Office.


             FLORIDA--PANAMA CITY: COASTAL SYSTEMS STATIONS

       The conferees recognize and appreciate the willingness of 
     the State of Florida to provide funding for the entrance gate 
     and highway improvements at Coastal System Stations, Panama 
     City, Florida and the willingness of Bay County to be a 
     partner in this undertaking. These entities, and the Navy, 
     are encouraged to work together to ensure a timely solution 
     is reached which is beneficial to both the base and the local 
     community.

[[Page H12502]]

       Sec. 225. The conference agreement includes a provision 
     that provides in addition to amounts otherwise made available 
     in Public Law 106-69 $1,750,000 for metropolitan buses and 
     bus facilities for Twin Cities, Minnesota; $750,000 for Santa 
     Clarita, California bus maintenance facility; $1,000,000 for 
     Lincoln, Nebraska bus maintenance facility; and $2,500,000 
     for Anchorage Alaska 2001 Special Olympics Winter Games buses 
     and bus facilities. The provision also stipulates that of the 
     funds made available for the national corridor planning and 
     development and coordinated border infrastructure programs 
     $2,000,000 shall be available for the planning and design of 
     a highway corridor between Dothan, Alabama and Panama City, 
     Florida. The provision also makes a number of technical 
     corrections to previously appropriated bus and bus facilities 
     project designations in Public Laws 106-69 and 105-277.
       Sec. 226. The conference agreement includes a provision 
     prohibiting the use of funds made available in Public Law 
     106-69 or in any other act to decommission or reduce 
     operations of United States Coast Guard WYTL harbor tug 
     boats.
       Sec. 227. The conference agreement includes a provision 
     that amends section 351 of Public Law 106-69 to make 
     available $10,000,000 of funds appropriated or limited in the 
     Fiscal Year 2000 Department of Transportation and Related 
     Agencies Appropriations Act to the Federal Highway 
     Administration and the National Highway Traffic Safety 
     Administration for the national advanced driving simulator.
       Sec. 228. The conference agreement includes a provision 
     that waives the cost-sharing requirements for asphalt 
     research at the Western Research Institute for fiscal years 
     1998, 1999 and 2000.
       Sec. 229. The conference agreement includes a provision 
     that makes technical changes to section 366 of Public Law 
     106-69 regarding the conveyance of land in the city of 
     Safford, Arizona.
       Sec. 230. The conference agreement includes a provision 
     which allows the Woodrow Wilson Bridge project to be included 
     on the State and regional transportation improvement program 
     plans pending resolution of associated issues.
       Sec. 231. The conference agreement includes a provision 
     which continues expiring exemptions allowing aircraft 
     maintenance to be performed in the United States for certain 
     aircraft in Hawaii, and for other purposes.
       Sec. 232. The conference agreement includes advance 
     appropriations totalling $60,000,000 for the engineering, 
     design, and construction activities to convert the James A. 
     Farley Post Office building in New York City into a train 
     station and commercial center. Of this total $20,000,000 is 
     available on October 1, 2000; $20,000,000 on October 1, 2001; 
     and $20,000,000 on October 1, 2002.
       Sec. 233. The conference agreement includes a technical 
     correction providing for the continuation of temporary 
     authority for the General Services Administration to transfer 
     surplus Federal property to State and local governments for 
     law enforcement and emergency response purposes.
       Sec. 234. The conference agreement includes a provision 
     providing transfer authority to federal agencies for the 
     implementation of agency business continuity and contingency 
     plans related to Y2K compliance. Federal agencies have been 
     tasked to develop business continuity and contingency plans 
     in the event that their operations are affected by Y2K-
     related disruptions. It is essential that Federal agencies 
     experiencing or affected by Y2K problems have the ability to 
     implement such plans in order to maintain their business 
     operations and continue providing services. This section is 
     intended to ensure that funding is available during the 
     period Congress is not in session for Federal agencies to 
     Implement their business continuity and contingency plans in 
     furtherance of Y2K compliance.
       Sec. 235. The conference agreement includes a provision 
     providing that funds available to the Executive Office of the 
     President, Office of Administration, for a capital investment 
     plan under P.L. 106-58 shall be available for two years.
       Sec. 236. The conference agreement includes a provision 
     extending federal agency reporting requirements.
       Sec. 237. The conference agreement provides $3,000,000 for 
     the Office of National Drug Control Policy, making funds 
     available to the United States Olympic Committee for its 
     anti-doping program.
       Sec. 238. The conference agreement includes a provision 
     adjusting the salary level of the U.S. Customs Service 
     Commissioner.
       Sec. 239. The conference agreement includes a technical 
     correction to legislation providing for an acting Treasury 
     Inspector General for Tax Administration.
       Sec. 240. On September 21, 1999, the Administration 
     forwarded to Congress a package of budget amendments, 
     including a request for additional funding for the United 
     States Secret Service. However, Congress had already approved 
     the Treasury and General Government Appropriations Act, 2000.
       To address this issue, a provision is included which 
     provides an additional $10,000,000 to the United States 
     Secret Service for salaries and expenses, and which in 
     addition directs the Secretary of the Treasury to transfer 
     $21,000,000 to the United States Secret Service for new full-
     time-equivalents (FTE). The conferees are aware that these 
     funds are necessary to meet the additional workload 
     requirements associated with the Secret Service's protective 
     and investigative operations. The conferees regret that the 
     Administration did not propose additional resources during 
     the regular fiscal year 2000 appropriations process given 
     that early separations and average overtime for agents are at 
     unacceptably high rates.
       The conferees direct the Administration to submit, as part 
     of its annual budget submission, a summary of workload trends 
     for field agents including, but not limited to, average 
     overtime and early separations. The conferees further 
     directed the United States Secret Service, Assistant 
     Director, Office of Investigations, to provide quarterly 
     reports to the Committees on Appropriations on workforce 
     retention and workload balance including, but not limited to, 
     investigative and protective workloads, recruitment, and 
     staffing by field office.

                      United States Secret Service


                        pathogen sensor systems

       The conferees commend the efforts of the Secret Service to 
     improve its ability to detect biological agents. The 
     conferees encourage the Secret Service to monitor the 
     development of biological detector technology through 
     coordination with the Defense Advanced Research Projects 
     Agency (DARPA) for pathogen sensor systems. The conferees 
     direct the Secret Service to report on the possible benefits 
     of this technology to the Committees on Appropriations within 
     120 days of enactment of this Act.
       Sec. 241. The conference agreement includes a provision to 
     extend the authority for agencies to submit Accountability 
     Reports under the Government Management Reform Act of 1994.
       Sec. 242. The conference agreement amends Public Law 106-74 
     to include seven additional economic development initiative 
     projects.
       The following table reflects the appropriation amounts for 
     title I and title II in thousands of dollars.


 Title I--Emergency Supplemental Appropriations: Chapter 1, Department 
                             of Agriculture

Farm Service Agency:
                    Agricultural Credit Insurance Fund Program Account:
    Loan authorizations:
      Farm ownership loans:
        Direct................................................$(21,951)
        Guaranteed............................................(568,627)
                                                       ________________
                                                       
          Subtotal............................................(590,578)
      Farm operating loans:
        Direct................................................(400,000)
      Guaranteed unsubsidized.................................(302,158)
        Guaranteed subsidized.................................(702,558)
                                                       ________________
                                                       
          Subtotal..........................................(1,404,716)
      Emergency disaster loans................................(547,000)
                                                       ________________
                                                       
          Total, Loan authorizations........................(2,542,294)
    Loan subsidies:
      Farm ownership loans:
        Direct (contingent emergency appropriations)............... 828
        Guaranteed (contingent emergency appropriations)..........3,184
                                                       ________________
                                                       
          Subtotal................................................4,012
      Farm operating loans:
        Direct (contingent emergency appropriations).............23,441
        Guaranteed unsubsidized (contingent emergency 
        appropriations)...........................................4,260
        Guaranteed subsidized (contingent emergency appropriation61,895
                                                       ________________
                                                       
          Subtotal...............................................89,596
          Emergency disaster loans (contingent emergency 
        appropriations)..........................................84,949
                                                       ________________
                                                       
          Total, Farm Service Agency............................178,557
                                                       ================

Commodity Credit Corporation Fund:
  Crop loss assistance (contingent emergency appropriations)....186,000
  Specialty crop assistance (contingent emergency appropriations).2,800
  Livestock assistance (contingent emergency appropriations).....10,000
                                                       ________________
                                                       
          Total, Commodity Credit Corporation Fund..............198,800
                                                       ================

Natural Resources Conservation Service:
  Emergency conservation program (contingent emergency appropriat50,000

[[Page H12503]]

  Watershed and flood prevention operations (contingent emergency 
    appropriations)..............................................80,000
                                                       ________________
                                                       
          Total, Natural Resources Conservation Service.........130,000
                                                       ================

Rural Housing Service:
                          Rural Housing Insurance Fund Program Account:
    Loan authorization:
      Single family (sec. 502).................................(50,000)
      Housing repair (sec. 504)................................(15,000)
      Farm labor (sec. 514).....................................(5,000)
                                                       ________________
                                                       
          Subtotal.............................................(70,000)
    Loan subsidies:
      Single family (sec. 502) (contingent emergency 
        appropriations)..........................................4,265)
      Housing repair (sec. 504) (contingent emergency 
        appropriations)...........................................4,584
      Farm labor (sec. 514) (contingent emergency appropriations).2,250
                                                       ________________
                                                       
          Total, Rural Housing Insurance Fund Program Account....11,099
                                                       ================

  Rural housing assistance grants (contingent emergency appropria14,500
                                                       ________________
                                                       
          Total, Rural Housing Service...........................25,599
                                                       ================

General Provisions:
Noninsured crop disaster assistance program (contingent emergency 
  appropriations)................................................20,000
                                                       ================

    Total, title I:
      New budget (obligational) authority.......................552,956
      (Loan authorization)..................................(2,612,294)
                                                       ================



                 Title II--Other Appropriations Matters

Department of Agriculture:
  Citrus canker/tree replacement (contingent emergency appropria$16,000
  Crop insurance pilot programs (contingent emergency appropriatio1,000
  Harney County losses (contingent emergency appropriations)......1,090
  Tillamook Railroad disaster repairs (contingent emergency 
    appropriations)...............................................5,000
Department of Defense:
  Operation and Maintenance, Army: Army readiness enhancements..100,000
  Operation and Maintenance, Defense-wide: Washington Square project 
    (by transfer).................................................(500)
Department of the Interior:
  National Park Service: Land and water conservation fund.........1,250
Legislative Branch:
  Payments to Widows and heirs of Deceased Members of Congress: 
    Gratuities, deceased Member.....................................137
Department of Transportation:
  Federal Transit Administration: Capital investments grants (Highway 
    Trust Fund, Mass Transit Account): Buses and bus-related facil6,000
  Federal Railroad Administration: Pennsylvania Station redevelopment 
    project (advance appropriations).............................60,000
Department of the Treasury:
  United States Secret Service: Salaries and expenses............10,000
    (By transfer)..............................................(21,000)
Executive Office of the President:
  Office of National Drug Control Policy..........................3,000
                                                       ================

    Total, title II:
      New budget (obligational) authority.......................203,477
        Appropriations........................................(120,387)
        Contingent emergency appropriations....................(23,090)
        Advance appropriations.................................(60,000)
      (By transfer)............................................(21,500)
      (Loan authorization)..................................(2,612,294)
                                                       ================

    Grand total, all titles:...........................................
      New budget (obligational) authority.......................756,433
        Appropriations........................................(120,387)
        Contingent emergency appropriations...................(576,046)
        Advance appropriations.................................(60,000)
  (By transfer)................................................(21,500)
      (Loan authorization)..................................(2,612,294)
                                                       ================



                       Congressional Budget Recap

Scorekeeping adjustments:
  Advance appropriations........................................-60,000
                                                       ________________
                                                       
    Total, adjustments..........................................-60,000
Total (including adjustments)                                   696,433
  Amounts in this bill........................................(756,433)
  Scorekeeping adjustments....................................(-60,000)
                                                       ================

Total mandatory and discretionary                               696,433
  Mandatory.......................................................(137)
  Discretionary...............................................(696,296)
                                                       ================


                               TITLE III

                Fiscal Year 2000 Offsets and Rescissions

       The conference agreement includes several offsets and 
     rescissions.

               TITLE IV--CANYON FERRY RESERVOIR, MONTANA

       The conference agreement includes a provision making 
     technical corrections to the Canyon Ferry Reservoir, Montana, 
     Act as incorporated in title X of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999.

                  TITLE IV--INTERNATIONAL DEBT RELIEF

       The conference agreement contains new language authorizing 
     certain transactions involving gold held by the International 
     Monetary Fund for the purpose of debt relief of heavily 
     indebted poor countries. The managers have also included 
     statutory language providing policy guidance to the United 
     States Government and its executive director at the 
     International Monetary Fund on Several matters. Language is 
     also included to require forgiveness of debt owed to the 
     United States when specified conditions are met.

                  TITLE VII--MISCELLANEOUS PROVISIONS

       Sec. 702. Trade Act Authorization.--The conference 
     agreement includes language amending section 245 of the Trade 
     Act of 1974, as amended, to authorize appropriations to the 
     Department of Labor through September 30, 2000 of such sums 
     as may be necessary to administer the general TAA and NAFTA-
     related TAA programs of Chapter 2 of Title II of that Act. 
     The provision caps NAFTA training expenses at $30,000,000.
       In addition, the provision amends section 256 of the Trade 
     Act of 1974 to authorize appropriations to the Secretary of 
     Commerce through September 30, 2001 of such sums as may be 
     necessary to administer the TAA for firms program.
       The conference agreement would enact the provisions of H.R. 
     3426 as introduced on November 17, 1999. The text of that 
     bill follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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.

[[Page H12504]]

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.

                      Subtitle E--Other Provisions

Sec. 141. MedPAC study on medicare payment for nonphysician health 
              professional clinical training in hospitals.

                  Subtitle F--Transitional Provisions

Sec. 151. Exception to CMI qualifier for one year.
Sec. 152. Reclassification of certain counties and other areas for 
              purposes of reimbursement under the medicare program.
Sec. 153. Wage index correction.
Sec. 154. Calculation and application of wage index floor for a certain 
              area.
Sec. 155. Special rule for certain skilled nursing facilities.

                   TITLE II--PROVISIONS RELATING TO 
                                 PART B

                Subtitle A--Hospital Outpatient Services

Sec. 201. Outlier adjustment and transitional pass-through for certain 
              medical devices, drugs, and biologicals.
Sec. 202. Establishing a transitional corridor for application of OPD 
              PPS.
Sec. 203. Study and report to Congress regarding the special treatment 
              of rural and cancer hospitals in prospective payment 
              system for hospital outpatient department services.
Sec. 204. Limitation on outpatient hospital copayment for a procedure 
              to the hospital deductible amount.

                     Subtitle B--Physician Services

Sec. 211. Modification of update adjustment factor provisions to reduce 
              update oscillations and require estimate revisions.
Sec. 212. Use of data collected by organizations and entities in 
              determining practice expense relative values.
Sec. 213. GAO study on resources required to provide safe and effective 
              outpatient cancer therapy.

                       Subtitle C--Other Services

Sec. 221. Revision of provisions relating to therapy services.
Sec. 222. Update in renal dialysis composite rate.
Sec. 223. Implementation of the inherent reasonableness (IR) authority.
Sec. 224. Increase in reimbursement for pap smears.
Sec. 225. Refinement of ambulance services demonstration project.
Sec. 226. Phase-in of PPS for ambulatory surgical centers.
Sec. 227. Extension of medicare benefits for immunosuppressive drugs.
Sec. 228. Temporary increase in payment rates for durable medical 
              equipment and oxygen.
Sec. 229. Studies and reports.

            TITLE III--PROVISIONS RELATING TO PARTS A AND B

                    Subtitle A--Home Health Services

Sec. 301. Adjustment to reflect administrative costs not included in 
              the interim payment system; GAO report on costs of 
              compliance with OASIS data collection requirements.
Sec. 302. Delay in application of 15 percent reduction in payment rates 
              for home health services until one year after 
              implementation of prospective payment system.
Sec. 303. Increase in per beneficiary limits.
Sec. 304. Clarification of surety bond requirements.
Sec. 305. Refinement of home health agency consolidated billing.
Sec. 306. Technical amendment clarifying applicable market basket 
              increase for PPS.
Sec. 307. Study and report to Congress regarding the exemption of rural 
              agencies and populations from inclusion in the home 
              health prospective payment system.

             Subtitle B--Direct Graduate Medical Education

Sec. 311. Use of national average payment methodology in computing 
              direct graduate medical education (DGME) payments.
Sec. 312. Initial residency period for child neurology residency 
              training programs.

                   Subtitle C--Technical Corrections

Sec. 321. BBA technical corrections.

                  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.
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.

[[Page H12505]]

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) 
     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 
     additional chemotherapy items identified by the Secretary.
       ``(III) Chemotherapy administration services (identified as 
     of July 1, 1999, by HCPCS codes 36260-36262; 36489; 36530-
     36535; 36640; 36823; and 96405-96542 (and as subsequently 
     modified by the Secretary)) and any additional chemotherapy 
     administration services identified by the Secretary.
       ``(IV) Radioisotope services (identified as of July 1, 
     1999, by HCPCS codes 79030-79440 (and as subsequently 
     modified by the Secretary)) and any additional radioisotope 
     services identified by the Secretary.
       ``(V) Customized prosthetic devices (commonly known as 
     artificial limbs or components of artificial limbs) under the 
     following HCPCS codes (as of July 1, 1999 (and as 
     subsequently modified by the Secretary)), and any additional 
     customized prosthetic devices identified by the Secretary, if 
     delivered to an inpatient for use during the stay in the 
     skilled nursing facility and intended to be used by the 
     individual after discharge from the facility: L5050-L5340; 
     L5500-L5611; L5613-L5986; L5988; L6050-L6370; L6400-L6880; 
     L6920-L7274; and L7362-7366.''; and

       (3) by adding at the end of paragraph (9) the following: 
     ``In the case of an item or service described in clause (iii) 
     of paragraph (2)(A) that would be payable under part A but 
     for the exclusion of such item or service under such clause, 
     payment shall be made for the item or service, in an amount 
     otherwise determined under part B of this title for such item 
     or service, from the Federal Hospital Insurance Trust Fund 
     under section 1817 (rather than from the Federal 
     Supplementary Medical Insurance Trust Fund under section 
     1841).''.
       (b) Conforming for Budget Neutrality Beginning With Fiscal 
     Year 2001.--
       (1) In general.--Section 1888(e)(4)(G) (42 U.S.C. 
     1395yy(e)(4)(G)) is amended by adding at the end the 
     following new clause:
       ``(iii) Adjustment for exclusion of certain additional 
     items and services.--The Secretary shall provide for an 
     appropriate proportional reduction in payments so that 
     beginning with fiscal year 2001, the aggregate amount of such 
     reductions is equal to the aggregate increase in payments 
     attributable to the exclusion effected under clause (iii) of 
     paragraph (2)(A).''.
       (2) Conforming amendment.--Section 1888(e)(8)(A) (42 U.S.C. 
     1395yy(e)(8)(A)) is amended by striking ``and adjustments for 
     variations in labor-related costs under paragraph 
     (4)(G)(ii)'' and inserting ``adjustments for variations in 
     labor-related costs under paragraph (4)(G)(ii), and 
     adjustments under paragraph (4)(G)(iii)''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to payments made for items and services furnished 
     on or after April 1, 2000.

     SEC. 104. PROVISION FOR PART B ADD-ONS FOR FACILITIES 
                   PARTICIPATING IN THE NHCMQ DEMONSTRATION 
                   PROJECT.

       (a) In General.--Section 1888(e)(3) (42 U.S.C. 
     1395yy(e)(3)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``or, in the case of a 
     facility participating in the Nursing Home Case-Mix and 
     Quality Demonstration (RUGS-III), the RUGS-III rate received 
     by the facility during the cost reporting period beginning in 
     1997'' after ``to non-settled cost reports''; and
       (B) in clause (ii), by striking ``furnished during such 
     period'' and inserting ``furnished during the applicable cost 
     reporting period described in clause (i)''; and
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Update to first cost reporting period.--The Secretary 
     shall update the amount determined under subparagraph (A), 
     for each cost reporting period after the applicable cost 
     reporting period described in subparagraph (A)(i) and up to 
     the first cost reporting period by a factor equal to the 
     skilled nursing facility market basket percentage increase 
     minus 1.0 percentage point.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if included in the enactment of section 
     4432(a) of BBA.

     SEC. 105. SPECIAL CONSIDERATION FOR FACILITIES SERVING 
                   SPECIALIZED PATIENT POPULATIONS.

       (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)), as 
     amended by section 102(a)(1), is further amended--
       (1) in paragraph (1), by striking ``subject to paragraphs 
     (7) and (11)'' and inserting ``subject to paragraphs (7), 
     (11), and (12)''; and
       (2) by adding at the end the following new paragraph:
       ``(12) Payment rule for certain facilities.--
       ``(A) In general.--In the case of a qualified acute skilled 
     nursing facility described in subparagraph (B), the per diem 
     amount of payment shall be determined by applying the non-
     Federal percentage and Federal percentage specified in 
     paragraph (2)(C)(ii).
       ``(B) Facility described.--For purposes of subparagraph 
     (A), a qualified acute skilled nursing facility is a facility 
     that--

[[Page H12506]]

       ``(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
       ``(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 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);
       (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.

     SEC. 122. ENHANCED PAYMENTS FOR LONG-TERM CARE AND 
                   PSYCHIATRIC HOSPITALS UNTIL DEVELOPMENT OF 
                   PROSPECTIVE PAYMENT SYSTEMS FOR THOSE 
                   HOSPITALS.

       Section 1886(b)(2) (42 U.S.C. 1395ww(b)(2)) is amended--
       (1) in subparagraph (A), by striking ``In addition to'' and 
     inserting ``Except as provided in subparagraph (E), in 
     addition to''; and
       (2) by adding at the end the following new subparagraph:
       ``(E)(i) In the case of an eligible hospital that is a 
     hospital or unit that is within a class of hospital described 
     in clause (ii) with a 12-month cost reporting period 
     beginning before the enactment of this subparagraph, in 
     determining the amount of the increase under subparagraph 
     (A), the Secretary shall substitute for the percentage of the 
     target amount applicable under subparagraph (A)(ii)--
       ``(I) for a cost reporting period beginning on or after 
     October 1, 2000, and before September 30, 2001, 1.5 percent; 
     and
       ``(II) for a cost reporting period beginning on or after 
     October 1, 2001, and before September 30, 2002, 2 percent.
       ``(ii) For purposes of clause (i), each of the following 
     shall be treated as a separate class of hospital:
       ``(I) Hospitals described in clause (i) of subsection 
     (d)(1)(B) and psychiatric units described in the matter 
     following clause (v) of such subsection.
       ``(II) Hospitals described in clause (iv) of such 
     subsection.''.

     SEC. 123. PER DISCHARGE PROSPECTIVE PAYMENT SYSTEM FOR LONG-
                   TERM CARE HOSPITALS.

       (a) Development of System.--
       (1) In general.--The Secretary of Health and Human Services 
     shall develop a per discharge prospective payment system for 
     payment for inpatient hospital services of long-term care 
     hospitals described in section 1886(d)(1)(B)(iv) of the 
     Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) under the 
     medicare program. Such system shall include an adequate 
     patient classification system that is based on diagnosis-
     related groups (DRGs) and that reflects

[[Page H12507]]

     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).

     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 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.

                      Subtitle E--Other Provisions

     SEC. 141. MEDPAC STUDY ON MEDICARE PAYMENT FOR NONPHYSICIAN 
                   HEALTH PROFESSIONAL CLINICAL TRAINING IN 
                   HOSPITALS.

       (a) In General.--The Medicare Payment Advisory Commission 
     shall conduct a study of medicare payment policy with respect 
     to professional clinical training of different classes of 
     nonphysician health care professionals (such as nurses, nurse 
     practitioners, allied health professionals, physician 
     assistants, and psychologists) and the basis for any 
     differences in treatment among such classes.
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Commission shall submit a report 
     to Congress on the study conducted under subsection (a).

                  Subtitle F--Transitional Provisions

     SEC. 151. EXCEPTION TO CMI QUALIFIER FOR ONE YEAR.

       Notwithstanding any other provision of law, for purposes of 
     fiscal year 2000, the Northwest Mississippi Regional Medical 
     Center located in Clarksdale, Mississippi shall be deemed to 
     have satisfied the case mix index criteria under section 
     1886(d)(5)(C)(ii) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)(C)(ii)) for classification as a rural referral 
     center.

     SEC. 152. RECLASSIFICATION OF CERTAIN COUNTIES AND AREAS FOR 
                   PURPOSES OF REIMBURSEMENT UNDER THE MEDICARE 
                   PROGRAM.

       (a) Fiscal Year 2000.--Notwithstanding any other provision 
     of law, effective for discharges occurring during fiscal year 
     2000, for purposes of making payments under section 1886(d) 
     of the Social Security Act (42 U.S.C. 1395ww(d))--
       (1) to hospitals in Iredell County, North Carolina, such 
     county is deemed to be located in the Charlotte-Gastonia-Rock 
     Hill, North Carolina-South Carolina Metropolitan Statistical 
     Area;
       (2) to hospitals in Orange County, New York, the large 
     urban area of New York, New York is deemed to include such 
     county;
       (3) to hospitals in Lake County, Indiana, and to hospitals 
     in Lee County, Illinois, such counties are deemed to be 
     located in the Chicago, Illinois Metropolitan Statistical 
     Area;
       (4) to hospitals in Hamilton-Middletown, Ohio, Hamilton-
     Middletown, Ohio, is deemed to be located in the Cincinnati, 
     Ohio-Kentucky-Indiana Metropolitan Statistical Area;
       (5) to hospitals in Brazoria County, Texas, such county is 
     deemed to be located in the Houston, Texas Metropolitan 
     Statistical Area; and
       (6) to hospitals in Chittenden County, Vermont, such county 
     is deemed to be located in the Boston-Worcester-Lawrence-
     Lowell-Brockton, Massachusetts-New Hampshire Metropolitan 
     Statistical Area.
       (b) Fiscal Year 2001.--Notwithstanding any other provision 
     of law, effective for discharges occurring during fiscal year 
     2001, 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.

[[Page H12508]]

     SEC. 154. CALCULATION AND APPLICATION OF WAGE INDEX FLOOR FOR 
                   A CERTAIN AREA.

       (a) Fiscal Year 2000.--Notwithstanding any other provision 
     of section 1886(d) of the Social Security Act (42 U.S.C. 
     1395ww(d)), for discharges occurring during fiscal year 2000, 
     the Secretary of Health and Human Services shall calculate 
     and apply the wage index for the Allentown-Bethlehem-Easton 
     Metropolitan Statistical Area under that section as if the 
     Lehigh Valley Hospital were classified in such area for 
     purposes of payment under that section for such fiscal year. 
     Such recalculation shall not affect the wage index for any 
     other area.
       (b) Fiscal Year 2001.--Notwithstanding any other provision 
     of section 1886(d) of the Social Security Act (42 U.S.C. 
     1395ww(d)), in calculating and applying the wage indices 
     under that section for discharges occurring during fiscal 
     year 2001, Lehigh Valley Hospital shall be treated as being 
     classified in the Allentown-Bethlehem-Easton Metropolitan 
     Statistical Area.

     SEC. 155. SPECIAL RULE FOR CERTAIN SKILLED NURSING 
                   FACILITIES.

       (a) In General.--Notwithstanding any provision of section 
     1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)), for 
     the cost reporting period beginning in fiscal year 2000 and 
     for the cost reporting period beginning in fiscal year 2001, 
     if a skilled nursing facility which meets the criteria 
     described in subsection (b) elects to be paid in accordance 
     with subsection (c), the Secretary of Health and Human 
     Services shall establish a per diem payment 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.
       ``(B) Amount of adjustment.--The amount of the additional 
     payment under subparagraph (A) shall be determined by the 
     Secretary and shall approximate the marginal cost of care 
     beyond the applicable cutoff point under such subparagraph.
       ``(C) Limit on aggregate outlier adjustments.--
       ``(i) In general.--The total of the additional payments 
     made under this paragraph for covered OPD services furnished 
     in a year (as estimated by the Secretary before the beginning 
     of the year) may not exceed the applicable percentage 
     (specified in clause (ii)) of the total program payments 
     estimated to be made under this subsection for all covered 
     OPD services furnished in that year. If this paragraph is 
     first applied to less than a full year, the previous sentence 
     shall apply only to the portion of such year.
       ``(ii) Applicable percentage.--For purposes of clause (i), 
     the term `applicable percentage' means a percentage specified 
     by the Secretary up to (but not to exceed)--

       ``(I) for a year (or portion of a year) before 2004, 2.5 
     percent; and
       ``(II) for 2004 and thereafter, 3.0 percent.

       ``(D) Transitional authority.--In applying subparagraph (A) 
     for covered OPD services furnished before January 1, 2002, 
     the Secretary may--
       ``(i) apply such subparagraph to a bill for such services 
     related to an outpatient encounter (rather than for a 
     specific service or group of services) using OPD fee schedule 
     amounts and transitional pass-through payments covered under 
     the bill; and
       ``(ii) use an appropriate cost-to-charge ratio for the 
     hospital involved (as determined by the Secretary), rather 
     than for specific departments within the hospital.''.
       (b) Transitional Pass-Through for Additional Costs of 
     Innovative Medical Devices, Drugs, and Biologicals.--Such 
     section is further amended by inserting after paragraph (5) 
     the following new paragraph:
       ``(6) Transitional pass-through for additional costs of 
     innovative medical devices, drugs, and biologicals.--
       ``(A) In general.--The Secretary shall provide for an 
     additional payment under this paragraph for any of the 
     following that are provided as part of a covered OPD service 
     (or group of services):
       ``(i) Current orphan drugs.--A drug or biological that is 
     used for a rare disease or condition with respect to which 
     the drug or biological has been designated as an orphan drug 
     under section 526 of the Federal Food, Drug and Cosmetic Act 
     if payment for the drug or biological as an outpatient 
     hospital service under this part was being made on the first 
     date that the system under this subsection is implemented.
       ``(ii) Current cancer therapy drugs and biologicals and 
     brachytherapy.--A drug or biological that is used in cancer 
     therapy, including (but not limited to) a chemotherapeutic 
     agent, an 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.--
       ``(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

[[Page H12509]]

     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--
       (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.
       (i) No Impact on Copayment.--Section 1833(t)(7) (42 U.S.C. 
     1395l(t)(7)), as redesignated by subsection (a), is amended 
     by adding at the end the following new subparagraph:
       ``(D) Computation ignoring outlier and pass-through 
     adjustments.--The copayment amount shall be computed under 
     subparagraph (A) as if the adjustments under paragraphs (5) 
     and (6) (and any adjustment made under paragraph (2)(E) in 
     relation to such adjustments) had not occurred.''.
       (j) Technical Correction in Reference Relating to Hospital-
     Based Ambulance Services.--Section 1833(t)(9) (42 U.S.C. 
     1395l(t)(9)), as redesignated by subsection (a), is amended 
     by striking ``the matter in subsection (a)(1) preceding 
     subparagraph (A)'' and inserting ``section 1861(v)(1)(U)''.
       (k) Extension of Payment Provisions of Section 4522 of BBA 
     Until Implementation of PPS.--Section 1861(v)(1)(S)(ii) (42 
     U.S.C. 1395x(v)(1)(S)(ii)) is amended in subclauses (I) and 
     (II) by striking ``and during fiscal year 2000 before January 
     1, 2000'' and inserting ``and until the first date that the 
     prospective payment system under section 1833(t) is 
     implemented'' each place it appears.
       (l) Congressional Intention Regarding Base Amounts in 
     Applying the HOPD PPS.--With respect to determining the 
     amount of copayments described in paragraph (3)(A)(ii) of 
     section 1833(t) of the Social Security Act, as added by 
     section 4523(a) of BBA, Congress finds that such amount 
     should be determined without regard to such section, in a 
     budget neutral manner with respect to aggregate payments to 
     hospitals, and that the Secretary of Health and Human 
     Services has the authority to determine such amount without 
     regard to such section.
       (m) Effective Date.--Except as provided in this section, 
     the amendments made by this section shall be effective as if 
     included in the enactment of BBA.
       (n) Study of Delivery of Intravenous Immune Globulin (IVIG) 
     Outside Hospitals and Physicians' Offices.--
       (1) Study.--The Secretary of Health and Human Services 
     shall conduct a study of the extent to which intravenous 
     immune globulin (IVIG) could be delivered and reimbursed 
     under the medicare program outside of a hospital or 
     physician's office. In conducting the study, the Secretary 
     shall--
       (A) consider the sites of service that other payors, 
     including Medicare+Choice plans, use for these drugs and 
     biologicals;
       (B) determine whether covering the delivery of these drugs 
     and biologicals in a medicare patient's home raises any 
     additional safety and health concerns for the patient;
       (C) determine whether covering the delivery of these drugs 
     and biologicals in a patient's home can reduce overall 
     spending under the medicare program; and
       (D) determine whether changing the site of setting for 
     these services would affect beneficiary access to care.
       (2) Report.--The Secretary shall submit a report on such 
     study to the Committees on Ways and Means and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate within 18 months after the date of the enactment of 
     this Act. The Secretary shall include in the report 
     recommendations regarding the appropriate manner and settings 
     under which the medicare program should pay for these drugs 
     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.
       ``(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

[[Page H12510]]

     payment under this subsection shall be increased by the 
     amount of such difference.
       ``(ii) Permanent treatment for cancer hospitals.--In the 
     case of a hospital described in section 1886(d)(1)(B)(v), for 
     covered OPD services for which the PPS amount is less than 
     the pre-BBA amount, the amount of payment under this 
     subsection shall be increased by the amount of such 
     difference.
       ``(E) PPS amount defined.--In this paragraph, the term `PPS 
     amount' means, with respect to covered OPD services, the 
     amount payable under this title for such services (determined 
     without regard to this paragraph), including amounts payable 
     as copayment under paragraph (8), coinsurance under section 
     1866(a)(2)(A)(ii), and the deductible under section 1833(b).
       ``(F) Pre-BBA amount defined.--
       ``(i) In general.--In this paragraph, the `pre-BBA amount' 
     means, with respect to covered OPD services furnished by a 
     hospital in a year, an amount equal to the product of the 
     reasonable cost of the hospital for such services for the 
     portions of the hospital's cost reporting period (or periods) 
     occurring in the year and the base OPD payment-to-cost ratio 
     for the hospital (as defined in clause (ii)).
       ``(ii) Base payment-to-cost-ratio defined.--For purposes of 
     this subparagraph, the `base payment-to-cost ratio' for a 
     hospital means the ratio of--

       ``(I) the hospital's reimbursement under this part for 
     covered OPD services furnished during the cost reporting 
     period ending in 1996, including any reimbursement for such 
     services through cost-sharing described in subparagraph (E), 
     to
       ``(II) the reasonable cost of such services for such 
     period.

     The Secretary shall determine such ratios as if the 
     amendments made by section 4521 of the Balanced Budget Act of 
     1997 were in effect in 1996.
       ``(G) Interim payments.--The Secretary shall make payments 
     under this paragraph to hospitals on an interim basis, 
     subject to retrospective adjustments based on settled cost 
     reports.
       ``(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.

     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.
       ``(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.
       ``(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

[[Page H12511]]

     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--
       (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--
       ``(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.
       (d) Effective Date.--The amendments made by this section 
     shall be effective in determining the conversion factor under 
     section 1848(d) of the Social Security Act (42 U.S.C. 1395w-
     4(d)) for years beginning with 2001 and shall not apply to or 
     affect any update (or any update adjustment factor) for any 
     year before 2001.

     SEC. 212. USE OF DATA COLLECTED BY ORGANIZATIONS AND ENTITIES 
                   IN DETERMINING PRACTICE EXPENSE RELATIVE 
                   VALUES.

       (a) In General.--The Secretary of Health and Human Services 
     shall establish by regulation (after notice and opportunity 
     for public comment) a process (including data collection 
     standards) under which the Secretary will accept for use and 
     will use, to the maximum extent practicable and consistent 
     with sound data practices, data collected or developed by 
     entities and organizations (other than the Department of 
     Health and Human Services) to supplement the data normally 
     collected by that Department in determining the practice 
     expense component under section 1848(c)(2)(C)(ii) of the 
     Social Security Act (42 U.S.C. 1395w-4(c)(2)(C)(ii)) for 
     purposes of determining relative values for payment for 
     physicians' services under the fee schedule under section 
     1848 of such Act (42 U.S.C. 1395w-4). The Secretary shall 
     first promulgate such regulation on an interim final basis in 
     a manner that permits the submission and use of data in the 
     computation of practice expense relative value units for 
     payment rates for 2001.
       (b) Publication of Information.--The Secretary shall 
     include, in the publication of the estimated and final 
     updates under section 1848(c) of such Act (42 U.S.C. 1395w-
     4(c)) for payments for 2001 and for 2002, a description of 
     the process established under subsection (a) for the use of 
     external data in making adjustments in relative value units 
     and the extent to which the Secretary has used such external 
     data in making such adjustments for each such year, 
     particularly in cases in which the data otherwise used are 
     inadequate because such data are not based upon a large 
     enough sample size to be statistically reliable.

     SEC. 213. GAO STUDY ON RESOURCES REQUIRED TO PROVIDE SAFE AND 
                   EFFECTIVE OUTPATIENT CANCER THERAPY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a nationwide study to determine the physician 
     and non-physician clinical resources necessary to provide 
     safe outpatient cancer therapy services and the appropriate 
     payment rates for such services under the medicare program. 
     In making such determination, the Comptroller General shall--
       (1) determine the adequacy of practice expense relative 
     value units associated with the utilization of those clinical 
     resources;
       (2) determine the adequacy of work units in the practice 
     expense formula; and
       (3) assess various standards to assure the provision of 
     safe outpatient cancer therapy services.
       (b) Report to Congress.--The Comptroller General shall 
     submit to Congress a report on the study conducted under 
     subsection (a). The report shall include recommendations 
     regarding practice expense adjustments to the payment 
     methodology under part B of title XVIII of the Social 
     Security Act, including the development and inclusion of 
     adequate work units to assure the adequacy of payment amounts 
     for safe outpatient cancer therapy 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

[[Page H12512]]

     (under the amendment made by paragraph (1)(B)), the Secretary 
     of Health and Human Services shall conduct focused medical 
     reviews of claims for reimbursement for services described in 
     paragraph (1) or (3) of such section, with an emphasis on 
     such claims for services that are provided to residents of 
     skilled nursing facilities.
       (b) Technical Amendment Relating To Being Under the Care of 
     a Physician.--
       (1) In general.--Section 1861 (42 U.S.C. 1395x) is 
     amended--
       (A) in subsection (p)(1), by striking ``or (3)'' and 
     inserting ``, (3), or (4)''; and
       (B) in subsection (r)(4), by inserting ``for purposes of 
     subsection (p)(1) and'' after ``but only''.
       (2) Effective date.--The amendments made by paragraph (1) 
     apply to services furnished on or after January 1, 2000.
       (c) Revision of Report.--
       (1) In general.--Section 4541(d)(2) of BBA (42 U.S.C. 1395l 
     note) is amended to read as follows:
       ``(2) Report.--Not later than January 1, 2001, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report that includes recommendations on--
       ``(A) the establishment of a mechanism for assuring 
     appropriate utilization of outpatient physical therapy 
     services, outpatient occupational therapy services, and 
     speech-language pathology services that are covered under the 
     medicare program under title XVIII of the Social Security Act 
     (42 U.S.C. 1395); and
       ``(B) the establishment of an alternative payment policy 
     for such services based on classification of individuals by 
     diagnostic category, functional status, prior use of services 
     (in both inpatient and outpatient settings), and such other 
     criteria as the Secretary determines appropriate, in place of 
     the uniform dollar limitations specified in section 1833(g) 
     of such Act, as amended by paragraph (1).
     The recommendations shall include how such a mechanism or 
     policy might be implemented in a budget-neutral manner.''.
       (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 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
       (2) by amending paragraph (2) of subsection (b) to read as 
     follows:
       ``(2) Capitated payment rate defined.--In this subsection, 
     the term `capitated payment rate' means, with respect to a 
     demonstration project--
       ``(A) in its first year, a rate established for the project 
     by the Secretary, using the most current available data, in a 
     manner that ensures that aggregate payments under the project 
     will not exceed the aggregate payment that would have been 
     made for ambulance services under part B of title XVIII of 
     the Social Security Act in the local area of government's 
     jurisdiction; and
       ``(B) in a subsequent year, the capitated payment rate 
     established for the previous year increased by an appropriate 
     inflation adjustment factor.''.

     SEC. 226. PHASE-IN OF PPS FOR AMBULATORY SURGICAL CENTERS.

       If the Secretary of Health and Human Services implements a 
     revised prospective payment system for services of ambulatory 
     surgical facilities under section 1833(i) of the Social 
     Security Act (42 U.S.C. 1395l(i)), prior to incorporating 
     data from the 1999 Medicare cost survey or a subsequent cost 
     survey, such system shall be implemented in a manner so 
     that--
       (1) in the first year of its implementation, only a 
     proportion (specified by the Secretary and not to exceed \1/
     3\) of the payment for such services shall be made in 
     accordance with such system and the remainder shall be made 
     in accordance with current regulations; and
       (2) in the following year a proportion (specified by the 
     Secretary and not to exceed \2/3\) of the payment for such 
     services shall be made under such system and the remainder 
     shall be made in accordance with current regulations.

     SEC. 227. EXTENSION OF MEDICARE BENEFITS FOR 
                   IMMUNOSUPPRESSIVE DRUGS.

       (a) In General.--Section 1861(s)(2)(J)(v) (42 U.S.C. 
     1395x(s)(2)(J)(v)) is amended by inserting before the 
     semicolon at the end the following: ``plus such additional 
     number of months (if any) provided under section 1832(b)''.
       (b) Specification of Number of Additional Months.--Section 
     1832 (42 U.S.C. 1395k) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Extension of Coverage of Immunosuppressive Drugs.--
       ``(1) Extension.--
       ``(A) In general.--The Secretary shall specify consistent 
     with this subsection an additional number of months (which 
     may be portions of months) of coverage of immunosuppressive 
     drugs for each cohort (as defined in subparagraph (C)) in a 
     year during the 5-year period beginning with 2000. The number 
     of such months for the cohort--
       ``(i) for 2000 shall be 8 months; and
       ``(ii) for 2001 shall, subject to paragraph (2)(A)(i), be 8 
     months.
       ``(B) Application of additional months in a year only to 
     cohort in that year.--
       ``(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.

[[Page H12513]]

       ``(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 coverage of additional benefits for 
     immunosuppressive drugs under the amendments made by this 
     section for drugs furnished in 2000 in the same manner as if 
     such amendments constituted a national coverage determination 
     described in the matter in such section before subparagraph 
     (A).
       (d) Report on Immunosuppressive Drug Benefit.--
       (1) In general.--Not later than March 1, 2003, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report on the operation of this section and the 
     amendments made by this section. The report shall include--
       (A) an analysis of the impact of this section; and
       (B) recommendations regarding an appropriate cost-effective 
     method for providing coverage of immunosuppressive drugs 
     under the medicare program on a permanent basis.
       (2) Considerations.--In making recommendations under 
     paragraph (1)(B), the Secretary shall identify potential 
     modifications to the immunosuppressive drug benefit that 
     would best promote the objectives of--
       (A) improving health outcomes (by decreasing transplant 
     rejection rates that are attributable to failure to comply 
     with immunosuppressive drug regimens);
       (B) achieving cost savings to the medicare program (by 
     decreasing the need for secondary transplants and other care 
     relating to post-transplant complications); and
       (C) meeting the needs of those medicare beneficiaries who, 
     because of income or other factors, would be less likely to 
     maintain an immunosuppressive drug regimen in the absence of 
     such modifications.

     SEC. 228. TEMPORARY INCREASE IN PAYMENT RATES FOR DURABLE 
                   MEDICAL EQUIPMENT AND OXYGEN.

       (a) In General.--For purposes of payments under section 
     1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) for 
     covered items (as defined in paragraph (13) of that section) 
     furnished during 2001 and 2002, the Secretary of Health and 
     Human Services shall increase the payment amount in effect 
     (but for this section) for such items for--
       (1) 2001 by 0.3 percent, and
       (2) 2002 by 0.6 percent.
       (b) Limiting Application to Specified Years.--The payment 
     amount increase--
       (1) under subsection (a)(1) shall not apply after 2001 and 
     shall not be taken into account in calculating the payment 
     amounts applicable for covered items furnished after such 
     year; and
       (2) under subsection (a)(2) shall not apply after 2002 and 
     shall not be taken into account in calculating the payment 
     amounts applicable for covered items furnished after such 
     year.

     SEC. 229. STUDIES AND REPORTS.

       (a) MedPAC Study on Postsurgical Recovery Care Center 
     Services.--
       (1) In general.--The Medicare Payment Advisory Commission 
     shall conduct a study on the cost-effectiveness and efficacy 
     of covering under the medicare program under title XVIII of 
     the Social Security Act services of a post-surgical recovery 
     care center (that provides an intermediate level of recovery 
     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 
     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

[[Page H12514]]

     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 
     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 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 
     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 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:

[[Page H12515]]

       ``(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.
       ``(iv) Adjustment in rate of increase for hospitals with 
     fte approved amount above 140 percent of locality adjusted 
     national average per resident amount.--

       ``(I) Freeze for fiscal years 2001 and 2002.--For a cost 
     reporting period beginning during fiscal year 2001 or fiscal 
     year 2002, if the approved FTE resident amount for a hospital 
     for the preceding cost reporting period exceeds 140 percent 
     of the locality adjusted national average per resident amount 
     computed under subparagraph (E) for that hospital and period, 
     subject to subclause (III), the approved FTE resident amount 
     for the period involved shall be the same as the approved FTE 
     resident amount for the hospital for such preceding cost 
     reporting period.
       ``(II) 2 percent decrease in update for fiscal years 2003, 
     2004, and 2005.--For a cost reporting period beginning during 
     fiscal year 2003, fiscal year 2004, or fiscal year 2005, if 
     the approved FTE resident amount for a hospital for the 
     preceding cost reporting period exceeds 140 percent of the 
     locality adjusted national average per resident amount 
     computed under subparagraph (E) for that hospital and 
     preceding period, the approved FTE resident amount for the 
     period involved shall be updated in the manner described in 
     subparagraph (D)(i) except that, subject to subclause (III), 
     the consumer price index applied for a 12-month period shall 
     be reduced (but not below zero) by 2 percentage points.
       ``(III) No adjustment below 140 percent.--In no case shall 
     subclause (I) or (II) reduce an approved FTE resident amount 
     for a hospital for a cost reporting period below 140 percent 
     of the locality adjusted national average per resident amount 
     computed under subparagraph (E) for such hospital and 
     period.'';

       (3) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (4) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) Determination of locality adjusted national average 
     per resident amount.--The Secretary shall determine a 
     locality adjusted national average per resident amount with 
     respect to a cost reporting period of a hospital beginning 
     during a fiscal year as follows:
       ``(i) Determining hospital single per resident amount.--The 
     Secretary shall compute for each hospital operating an 
     approved graduate medical education program a single per 
     resident amount equal to the average (weighted by number of 
     full-time equivalent residents, as determined under paragraph 
     (4)) of the primary care per resident amount and the non-
     primary care per resident amount computed under paragraph (2) 
     for cost reporting periods ending during fiscal year 1997.
       ``(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
       (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 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.

[[Page H12516]]

       (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))''.
       (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''.
       (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.

                  TITLE IV--RURAL PROVIDER PROVISIONS

                      Subtitle A--Rural Hospitals

     SEC. 401. PERMITTING RECLASSIFICATION OF CERTAIN URBAN 
                   HOSPITALS AS RURAL HOSPITALS.

       (a) In General.--Section 1886(d)(8) (42 U.S.C. 
     1395ww(d)(8)) is amended by adding at the end the following 
     new subparagraph:
       ``(E)(i) For purposes of this subsection, not later than 60 
     days after the receipt of an application (in a form and 
     manner determined by the Secretary) from a subsection (d) 
     hospital described in clause (ii), the Secretary shall treat 
     the hospital as being located in the rural area (as defined 
     in paragraph (2)(D)) of the State in which the hospital is 
     located.
       ``(ii) For purposes of clause (i), a subsection (d) 
     hospital described in this clause is a subsection (d) 
     hospital that is located in an urban area (as defined in 
     paragraph (2)(D)) and satisfies any of the following 
     criteria:
       ``(I) The hospital is located in a rural census tract of a 
     metropolitan statistical area (as determined under the most 
     recent modification of the Goldsmith Modification, originally 
     published in the Federal Register on February 27, 1992 (57 
     Fed. Reg. 6725)).
       ``(II) The hospital is located in an area designated by any 
     law or regulation of such State as a rural area (or is 
     designated by such State as a rural hospital).
       ``(III) The hospital would qualify as a rural, regional, or 
     national referral center under paragraph (5)(C) or as a sole 
     community hospital under paragraph (5)(D) if the hospital 
     were located in a rural area.
       ``(IV) The hospital meets such other criteria as the 
     Secretary may specify.''.
       (b) Conforming Changes.--(1) Section 1833(t) (42 U.S.C. 
     1395l(t)), as amended by sections 201 and 202, is further 
     amended by adding at the end the following new paragraph:
       ``(13) Miscellaneous provisions.--
       ``(A) Application of reclassification of certain 
     hospitals.--If a hospital is being treated as being located 
     in a rural area under section 1886(d)(8)(E), that hospital 
     shall be treated under this subsection as being located in 
     that rural area.''.
       (2) Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
     4(c)(2)(B)(i)) is amended, in the matter preceding subclause 
     (I), by inserting ``or is treated as being located in a rural 
     area pursuant to section 1886(d)(8)(E)'' after ``section 
     1886(d)(2)(D))''.
       (c) Effective Date.--The amendments made by this section 
     shall become effective on January 1, 2000.

     SEC. 402. UPDATE OF STANDARDS APPLIED FOR GEOGRAPHIC 
                   RECLASSIFICATION FOR CERTAIN HOSPITALS.

       (a) In General.--Section 1886(d)(8)(B) (42 U.S.C. 
     1395ww(d)(8)(B)) is amended--
       (1) by inserting ``(i)'' after ``(B)'';
       (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
       ``(iii) as of the effective date of such designation, meets 
     the criteria for designation under subparagraph (B).''.

[[Page H12517]]

       (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)''.

     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 a reference to the first cost reporting period 
     beginning on or after October 1, 2000; and
       ``(III) applicable increase percentage shall only be 
     applied under subparagraph (C)(iv) for discharges occurring 
     in fiscal years beginning with fiscal year 2002.''.

     SEC. 406. ONE YEAR SOLE COMMUNITY HOSPITAL PAYMENT INCREASE.

       Section 1886(b)(3)(B)(i) (42 U.S.C. 1395ww(b)(3)(B)(i)) is 
     amended--
       (1) by redesignating subclause (XVII) as subclause (XVIII);
       (2) by striking subclause (XVI); and
       (3) by inserting after subclause (XV) the following new 
     subclauses:
       ``(XVI) for fiscal year 2001, the market basket percentage 
     increase minus 1.1 percentage points for hospitals (other 
     than sole community hospitals) in all areas, and the market 
     basket percentage increase for sole community hospitals,
       ``(XVII) for fiscal year 2002, the market basket percentage 
     increase minus 1.1 percentage points for hospitals in all 
     areas, and''.

     SEC. 407. INCREASED FLEXIBILITY IN PROVIDING GRADUATE 
                   PHYSICIAN TRAINING IN RURAL AND OTHER AREAS.

       (a) Counting Primary Care Residents on Certain Approved 
     Leaves of Absence in Base Year FTE Count.--
       (1) Payment for direct graduate medical education.--Section 
     1886(h)(4)(F) (42 U.S.C. 1395ww(h)(4)(F)) is amended--
       (A) by redesignating the first sentence as clause (i) with 
     the heading ``In general.--'' and appropriate indentation; 
     and
       (B) by adding at the end the following new clause:
       ``(ii) Counting primary care residents on certain approved 
     leaves of absence in base year fte count.--

       ``(I) In general.--In determining the number of such full-
     time equivalent residents for a hospital's most recent cost 
     reporting period ending on or before December 31, 1996, for 
     purposes of clause (i), the Secretary shall count an 
     individual to the extent that the individual would have been 
     counted as a primary care resident for such period but for 
     the fact that the individual, as determined by the Secretary, 
     was on maternity or disability leave or a similar approved 
     leave of absence.
       ``(II) Limitation to 3 fte residents for any hospital.--The 
     total number of individuals counted under subclause (I) for a 
     hospital may not exceed 3 full-time equivalent residents.''.

       (2) Payment for indirect medical education.--Section 
     1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by 
     adding at the end the following: ``Rules similar to the rules 
     of subsection (h)(4)(F)(ii) shall apply for purposes of this 
     clause.''.
       (3) Effective date.--
       (A) DGME.--The amendments made by paragraph (1) apply to 
     cost reporting periods that begin on or after the date of the 
     enactment of this Act.
       (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.

[[Page H12518]]

       (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;
       (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.
       ``(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;
       (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'';
       (3) in subsection (c)(2), by striking ``and the source and 
     amount of non-Federal funds used in the project'';
       (4) in subsection (d)(2)(A), by striking ``at a rate of 50 
     percent of the costs that are reasonable and'' and inserting 
     ``for the costs that are'';
       (5) in subsection (d)(2)(B)(i), by striking ``(but only in 
     the case of patients located in medically underserved 
     areas)'' and inserting ``or at sites providing health care to 
     patients located in medically underserved areas'';
       (6) in subsection (d)(2)(C)(i), by striking ``to deliver 
     medical informatics services under'' and inserting ``for 
     activities related to''; and
       (7) by amending paragraph (4) of subsection (d) to read as 
     follows:
       ``(4) Cost-sharing.--The project may not impose cost-
     sharing on a medicare beneficiary for the receipt of services 
     under the project. Project costs will cover all costs to 
     medicare beneficiaries and providers related to participation 
     in the project.''.

 TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND 
                 OTHER MEDICARE MANAGED CARE PROVISIONS

      Subtitle A--Provisions To Accommodate and Protect Medicare 
                             Beneficiaries

     SEC. 501. CHANGES IN MEDICARE+CHOICE ENROLLMENT RULES.

       (a) Permitting Enrollment in Alternative Medicare+Choice 
     Plans and Medigap Coverage in Case of Involuntary Termination 
     of Medicare+Choice Enrollment.--
       (1) In general.--Section 1851(e)(4) (42 U.S.C. 1395w-
     21(e)(4)) is amended by striking subparagraph (A) and 
     inserting the following:

[[Page H12519]]

       ``(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 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.

     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 
     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.
       (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

[[Page H12520]]

     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 
     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:
       ``(A) Total expenditures per capita per month, computed 
     separately for part A and for part B.
       ``(B) The expenditures described in subparagraph (A) 
     reduced by the best estimate of the expenditures (such as 
     graduate medical education and disproportionate share 
     hospital payments) not related to the payment of claims.
       ``(C) The average risk factor for the covered population 
     based on diagnoses reported for medicare inpatient services, 
     using the same methodology as is expected to be applied in 
     making payments under subsection (a).
       ``(D) Such average risk factor based on diagnoses for 
     inpatient and other sites of service, using the same 
     methodology as is expected to be applied in making payments 
     under subsection (a).''.
       (b) Special Rule for 2001.--In providing for the 
     publication of information under section 1853(b)(4) of the 
     Social Security Act (42 U.S.C. 1395w-23(b)(4)), as added by 
     subsection (a), in 2001, the Secretary of Health and Human 
     Services shall also include the information described in such 
     section for 1998, as well as for 1999.

     SEC. 515. FLEXIBILITY TO TAILOR BENEFITS UNDER 
                   MEDICARE+CHOICE PLANS.

       (a) In General.--Section 1854 (42 U.S.C. 1395w-24) is 
     amended--
       (1) in subsection (a)(1), by inserting ``(or segment of 
     such an area if permitted under subsection (h))'' after 
     ``service area'' in the matter preceding subparagraph (A); 
     and
       (2) by adding at the end the following:
       ``(h) Permitting Use of Segments of Service Areas.--The 
     Secretary shall permit a Medicare+Choice organization to 
     elect to apply the provisions of this section uniformly to 
     separate segments of a service area (rather than uniformly to 
     an entire service area) as long as such segments are composed 
     of one or more Medicare+Choice payment areas.''.
       (b) Effective Date.--The amendments made by this section 
     apply to contract years beginning on or after January 1, 
     2001.

     SEC. 516. DELAY IN DEADLINE FOR SUBMISSION OF ADJUSTED 
                   COMMUNITY RATES.

       (a) Delay in Deadline for Submission of Adjusted Community 
     Rates.--Section 1854(a)(1) (42 U.S.C. 1395w-24(a)(1)) is 
     amended by striking ``May 1'' and inserting ``July 1'' in the 
     matter preceding subparagraph (A).
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to information submitted by Medicare+Choice 
     organizations for years beginning with 1999.

     SEC. 517. REDUCTION IN ADJUSTMENT IN NATIONAL PER CAPITA 
                   MEDICARE+CHOICE GROWTH PERCENTAGE FOR 2002.

       Section 1853(c)(6)(B)(v) (42 U.S.C. 1395w-23(c)(6)(B)(v)) 
     is amended by striking ``0.5 percentage points'' and 
     inserting ``0.3 percentage points''.

     SEC. 518. DEEMING OF MEDICARE+CHOICE ORGANIZATION TO MEET 
                   REQUIREMENTS.

       Section 1852(e)(4) (42 U.S.C. 1395w-22(e)(4)) is amended to 
     read as follows:
       ``(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
       (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--

[[Page H12521]]

       (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
       ``(B) notwithstanding subparagraph (H)(i), the plan may 
     specify or limit the provider (or providers) of post-hospital 
     home health services or other post-hospital services under 
     the plan.''.

     SEC. 522. USER FEE FOR MEDICARE+CHOICE ORGANIZATIONS BASED ON 
                   NUMBER OF ENROLLED BENEFICIARIES.

       (a) In General.--Section 1857(e)(2) (42 U.S.C. 1395w-
     27(e)(2)) is amended--
       (1) in subparagraph (B), by striking ``Any amounts 
     collected are authorized to be appropriated only for'' and 
     inserting ``Any amounts collected shall be available without 
     further appropriation to the Secretary for'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated for the purposes described in 
     subparagraph (B) for each fiscal year beginning with fiscal 
     year 2001 an amount equal to $100,000,000, reduced by the 
     amount of fees authorized to be collected under this 
     paragraph for the fiscal year.'';
       (3) in subparagraph (D)(ii)--
       (A) in subclause (II), by striking ``and'';
       (B) in subclause (III), by striking `` and each subsequent 
     fiscal year.'' and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(IV) the Medicare+Choice portion (as defined in 
     subparagraph (E)) of $100,000,000 in fiscal year 2001 and 
     each succeeding fiscal year.''; and
       (4) by adding at the end the following:
       ``(E) Medicare+choice portion defined.--In this paragraph, 
     the term `Medicare+Choice portion' means, for a fiscal year, 
     the ratio, as estimated by the Secretary, of--
       ``(i) the average number of individuals enrolled in 
     Medicare+Choice plans during the fiscal year, to
       ``(ii) the average number of individuals entitled to 
     benefits under part A, and enrolled under part B, during the 
     fiscal year.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply to fees charged on or after January 1, 2001. The 
     Secretary of Health and Human Services may not increase the 
     fees charged under section 1857(e)(2) of the Social Security 
     Act (42 U.S.C. 1395w-27(e)(2)) for the 3-month period 
     beginning with October 2000 above the level in effect during 
     the previous 9-month period.

     SEC. 523. CLARIFICATION REGARDING THE ABILITY OF A RELIGIOUS 
                   FRATERNAL BENEFIT SOCIETY TO OPERATE ANY 
                   MEDICARE+CHOICE PLAN.

       Section 1859(e)(2) (42 U.S.C. 1395w-29(e)(2)) is amended in 
     the matter preceding subparagraph (A) by striking ``section 
     1851(a)(2)(A)'' and inserting ``section 1851(a)(2)''.

     SEC. 524. RULES REGARDING PHYSICIAN REFERRALS FOR 
                   MEDICARE+CHOICE PROGRAM.

       (a) In General.--Section 1877(b)(3) (42 U.S.C. 
     1395nn(b)(3)) is amended--
       (1) in subparagraph (C), by striking ``or'' at the end;
       (3) by adding at the end the following:
       (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.
       (b) Report.--Not later than July 1, 2001, the Secretary of 
     Health and Human Services shall submit to Congress a report 
     describing the results of any demonstration project conducted 
     under section 4079 of the Omnibus Budget Reconciliation Act 
     of 1987, and describing the data collected by the Secretary 
     relevant to the analysis of the results of such project, 
     including the most recently available data through the end of 
     2000.

     SEC. 533. MEDICARE+CHOICE COMPETITIVE BIDDING DEMONSTRATION 
                   PROJECT.

       Section 4011 of BBA (42 U.S.C. 1395w-23 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting the 
     following (and conforming the indentation for the remainder 
     of the subsection accordingly):
       ``(1) In general.--Subject to the succeeding provisions of 
     this subsection, the Secretary''; and
       (B) by adding at the end the following:
       ``(2) Delay in implementation.--The Secretary shall not 
     implement the project until January 1, 2002, or, if later, 6 
     months after the date the Competitive Pricing Advisory 
     Committee has submitted to Congress a report on each of the 
     following topics:
       ``(A) Incorporation of original medicare fee-for-service 
     program into project.--What changes would be required in the 
     project to feasibly incorporate the original medicare fee-
     for-service program into the project in the areas in which 
     the project is operational.
       ``(B) Quality activities.--The nature and extent of the 
     quality reporting and monitoring activities that should be 
     required of plans participating in the project, the estimated 
     costs that plans will incur as a result of these 
     requirements, and the current ability of the Health Care 
     Financing Administration to collect and report comparable 
     data, sufficient to support comparable quality reporting and 
     monitoring activities with respect to beneficiaries enrolled 
     in the original medicare fee-for-service program generally.
       ``(C) Rural project.--The current viability of initiating a 
     project site in a rural area, given the site specific budget 
     neutrality requirements of the project under subsection (g), 
     and insofar as the Committee decides that the addition of 
     such a site is not viable, recommendations on how the project 
     might best be changed so that such a site is viable.
       ``(D) Benefit structure.--The nature and extent of the 
     benefit structure that should be required of plans 
     participating in the project, the rationale for such benefit 
     structure, the potential implications that any benefit 
     standardization requirement may have on the number of plan 
     choices available to a beneficiary in an area designated 
     under the project, the potential implications of requiring 
     participating plans to offer variations on any standardized 
     benefit package the committee might recommend, such that a 
     beneficiary could elect to pay a higher percentage of out-of-
     pocket costs in exchange for a lower premium (or premium 
     rebate as the case may be), and the potential implications 
     of expanding the project (in conjunction with the 
     potential inclusion of the original medicare fee-for-
     service program) to require medicare supplemental 
     insurance plans operating in an area designated under the 
     project to offer a coordinated and comparable standardized 
     benefit package.
       ``(3) Conforming deadlines.--Any dates specified in the 
     succeeding provisions of this section shall be delayed (as 
     specified by the Secretary) in a manner consistent with the 
     delay effected under paragraph (2).''; and
       (2) in subsection (c)(1)(A)--
       (A) by striking ``and'' at the end of clause (i); and
       (B) by adding at the end the following new clause:

[[Page H12522]]

       ``(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 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 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;
       (B) includes medical diagnostic factors from all provider 
     settings (including hospital and nursing facility settings); 
     and
       (C) includes functional indicators of health status and 
     such other factors as may be necessary to achieve appropriate 
     payments for plans serving such beneficiaries.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commission shall submit a report 
     to Congress on the study conducted under paragraph (1), 
     together with any recommendations for legislation that the 
     Commission determines to be appropriate as a result of such 
     study.
       (b) Report on Medicare MSA (Medical Savings Account) 
     Plans.--Not later than 1 year after the date of the enactment 
     of this Act, the Medicare Payment Assessment Commission shall 
     submit to Congress a report on specific legislative changes 
     that should be made to make MSA plans (as defined in section 
     1859(b)(3) of the Social Security Act, 42 U.S.C. 1395w-
     29(b)(3)) a viable option under the Medicare+Choice program.

     SEC. 553. GAO STUDIES, AUDITS, AND REPORTS.

       (a) Study of Medigap Policies.--
       (1) In general.--The Comptroller General of the United 
     States (in this section referred to as the ``Comptroller 
     General'') shall conduct a study of the issues described in 
     paragraph (2) regarding medicare supplemental policies 
     described in section 1882(g)(1) of the Social Security Act 
     (42 U.S.C. 1395ss(g)(1)).
       (2) Issues to be studied.--The issues described in this 
     paragraph are the following:
       (A) The level of coverage provided by each type of medicare 
     supplemental policy.
       (B) The current enrollment levels in each type of medicare 
     supplemental policy.
       (C) The availability of each type of medicare supplemental 
     policy to medicare beneficiaries over age 65\1/2\.
       (D) The number and type of medicare supplemental policies 
     offered in each State.
       (E) The average out-of-pocket costs (including premiums) 
     per beneficiary under each type of medicare supplemental 
     policy.
       (2) Report.--Not later than July 31, 2001, the Comptroller 
     General shall submit a report to Congress on the results of 
     the study conducted under this subsection, together with any 
     recommendations for legislation that the Comptroller General 
     determines to be appropriate as a result of such study.
       (b) GAO Audit and Reports on the Provision of 
     Medicare+Choice Health Information to Beneficiaries.--
       (1) In general.--Beginning in 2000, the Comptroller General 
     shall conduct an annual audit of the expenditures by the 
     Secretary of Health and Human Services during the preceding 
     year in providing information regarding the Medicare+Choice 
     program under part C of title XVIII of the Social Security 
     Act (42 U.S.C. 1395w-21 et seq.) to eligible medicare 
     beneficiaries.
       (3) Reports.--Not later than March 31 of 2001, 2004, 2007, 
     and 2010, the Comptroller General shall submit a report 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.

[[Page H12523]]

                           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''.
       (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.--
       (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'';
       (2) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking the first comma after 
     ``(a)(10)(A)(i)(VII)''; and
       (3) in paragraph (4)(B), by inserting a comma after 
     ``(a)(10)(A)(i)(IV)''.
       (d) Section 1902(v) (42 U.S.C. 1396a(v)) is amended by 
     striking ``(1)''.
       (e) Section 1903(b)(4) (42 U.S.C. 1396b(b)(4)) is amended, 
     in the matter preceding subparagraph (A), by inserting ``of'' 
     after ``for the use''.
       (f) The left margins of clauses (i) and (ii) of section 
     1903(d)(3)(B) (42 U.S.C. 1396b(d)(3)(B)) are each realigned 
     so as to align with the left margin of section 1903(d)(3)(A).
       (g) Section 1903(f)(2) (42 U.S.C. 1396b(f)(2)) is amended 
     by striking the extra period at the end.
       (h) Section 1903(i)(14) (1396b(i)(14)) is amended by adding 
     ``or'' after the semicolon.
       (i) Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is 
     amended--
       (1) in clause (vi), by striking the semicolon the first 
     place it appears; and
       (2) by redesignating the clause (xi) added by section 
     4701(c)(3) of BBA (111 Stat. 493) as clause (xii).
       (j) Section 1903(o) (42 U.S.C. 1396b(o)) is amended by 
     striking ``1974))'' and inserting ``1974)''.
       (k) Section 1903(w) (42 U.S.C. 1396b(w)) is amended--
       (1) in paragraph (1)(B), by striking ``puroses'' and 
     inserting ``purposes'';
       (2) in paragraph (3)(B), by inserting a comma after 
     ``(D)''; and
       (3) by realigning the left margin of clause (viii) in 
     paragraph (7)(A) so as to align with the left margin of 
     clause (vii) of that paragraph.
       (l) Section 1905(b)(1) (42 U.S.C. 1396d(b)(1)) is amended 
     by striking ``per centum,,'' and inserting ``per centum,''.
       (m) Section 1905(l)(2)(B) (42 U.S.C. 1936d(l)(2)(B)) is 
     amended by striking ``a entity'' and inserting ``an entity''.
       (n) The heading for section 1910 (42 U.S.C. 1396i) is 
     amended by striking ``of'' the first place it appears.
       (o) Section 1915 (42 U.S.C. 1396n) is amended--
       (1) in subsection (b), by striking ``1902(a)(13)(E)'' and 
     inserting ``1902(a)(13)(C)'';
       (2) in the last sentence of subsection (d)(5)(B)(iii), by 
     striking ``75'' and inserting ``65''; and
       (3) in subsection (h), by striking ``90 day'' and inserting 
     ``90 days''.
       (p) Section 1919 (42 U.S.C. 1396r) is amended--
       (1) in subsection (b)(3)(C)(i)(I), by striking ``not later 
     than'' the first place it appears; and
       (2) in subsection (d)(4)(A), by striking ``1124'' and 
     inserting ``1124)''.
       (q) Section 1920(b)(2)(D)(i)(I) (42 U.S.C. 1396r-
     1(b)(2)(D)(i)(I)) is amended by striking ``329, 330, or 340'' 
     and inserting ``330 or 330A''.
       (r) Section 1920A(d)(1)(B) (42 U.S.C. 1396r-1a(d)(1)(B)) is 
     amended by striking ``a entity'' and inserting ``an entity''.
       (s) Section 1923(c)(3)(B) (42 U.S.C. 1396r-4(c)(3)(B)) is 
     amended by striking ``patients.'' and inserting 
     ``patients,''.

[[Page H12524]]

       (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.

      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.
       ``(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 
     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

[[Page H12525]]

     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.--
       ``(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''.
       (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.
       The Following is explanatory language on H.R. 3426, as 
     introduced on November 17, 1999.

                 TITLE I--PROVISIONS RELATING TO PART A

 Subtitle A-Adjustments to PPS Payments for Skilled Nursing Facilities 
                                 (SNFs)


 Sec. 101. Temporary Increase in Payment for Certain High Cost Patients

     Current law
       The SNF prospective payment system (PPS) includes 44 
     hierarchical resource utilization groups (RUGs). The RUGs are 
     utilized to formulate the per diem payments to SNFs on behalf 
     of Medicare patients. The RUG payments represent the average 
     cost for patients in each RUG category. During a phase-in 
     starting in 1998, the per diem payment is based partially on 
     the facility's specific costs and partially on a federal per 
     diem rate.
     H.R. 3075, as passed
       Increases temporarily the federal per diem payment by 10% 
     for 12 RUGs in the ``Extensive Services,'' ``Special Care,'' 
     and ``Clinically Complex'' categories. Increased payments 
     would be made from April 1, 2000 through September 30, 2000.
     S. 1788, as reported
       Increases temporarily the federal per diem payment by 25% 
     for ``Extensive Services'' and ``Special Care'' categories 
     and adds specified dollar amounts to per diem rates for five 
     RUGs for rehabilitation therapies. Increased payments would 
     be made from April 1, 2000 through September 30, 2001.
     Agreement
       The agreement includes the Senate provision with 
     amendments. For SNF services furnished on or after April 1, 
     2000, and before the later of October 1, 2000, or 
     implementation by the Secretary of Health and Human Services 
     (hereafter referred to as ``Secretary'') of a refined RUG 
     system, per diem payments are increased by 20% for 15 RUGs 
     falling under categories for Extensive Services, Special 
     Care, Clinically Complex, High Rehabilitation, and Medium 
     Rehabilitation. It is the intent of the parties to the 
     agreement that the implementation begin on April 1, 2000, and 
     that on this date, each payment shall increase by the 
     required amount so that the facilities will receive payment 
     authorized on April 1, 2000. In FY 2001 and 2002 the federal 
     per diem payment to a facility is increased by 4% in each 
     year, calculated exclusive of the 20% RUG rate increase.


   Sec. 102. Authorizing Facilities to Elect Immediate Transition to 
                              Federal Rate

     Current law
       Payments to SNFs under the federal per diem RUG system are 
     phased in over a period of time. Starting in 1998, a SNF 
     receives per diem rates that are a blend of 75% of the 
     facility-specific rate and 25% of the federal per diem rate. 
     The proportions shift annually by 25 percentage points until 
     the federal rate equals the full payment.
     H.R. 3075, as passed
       Permits SNFs to choose to receive payments based wholly on 
     the federal per diem rate if that would be more advantageous 
     to the facility; effective for elections made more than 60 
     days after enactment.
     S. 1788, as reported
       Permits SNFs to choose to receive payments based wholly on 
     the federal per diem rate if that would be more advantageous 
     to the facility; effective upon enactment.
     Agreement
       The agreement includes the House provision with 
     modification. SNFs may elect immediate transition to the 
     federal rate on or after December 15, 1999 for cost reporting 
     periods beginning on or after January 1, 2000. There is no 
     election for cost reporting periods beginning before January 
     1, 2000. SNFs may elect immediate transition up to 30 days 
     after the start of their cost reporting period.


Sec. 103. Part A Pass-Through Payments for Certain Ambulance Services, 
                   Prostheses, and Chemotherapy Drugs

     Current law
       SNF PPS payments are inclusive of ancillary services and 
     drugs (except for renal dialysis services) needed by patients 
     in specified RUGs.
     H.R. 3075, as passed
       Excludes certain items, starting April 1, 2000, from RUG 
     payments. Provides separate payment for ambulance services 
     for beneficiaries needing renal dialysis in a facility 
     outside of the SNF, specific chemotherapy items and services, 
     radioisotope services, and customized prosthetic devices 
     delivered to the beneficiary during an inpatient SNF stay. 
     Beginning with FY 2001, requires Secretary to reduce base RUG 
     rates to account for exclusion of these items to ensure 
     budget neutrality.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement include this provision in recognition that 
     skilled nursing facilities (SNFs) from time to time 
     experience high-cost, low probability events that could have 
     devastating financial impacts because their costs far exceed 
     the payment they receive under the prospective payment system 
     (PPS). This provision is an attempt to exclude from the PPS 
     certain services and costly items that are provided 
     infrequently in SNFs. For example, in the case of 
     chemotherapy drugs, Health Care Financing Administration 
     (HCFA) physicians excluded specific chemotherapy drugs from 
     the PPS because these drugs are not typically administered in 
     a SNF, or are exceptionally expensive, or are given as 
     infusions, thus requiring special staff expertise to 
     administer. Some chemotherapy drugs, which are relatively 
     inexpensive and are administered routinely in SNFs, were 
     excluded from this provision.
       While this provision exempts ambulance services for end-
     stage renal disease (ESRD) patients, the parties to the 
     agreement note that, in many cases, regularly scheduled trips 
     may be made in vehicles that are less costly than an Advanced 
     or Basic Life Support ambulance, and the parties to the 
     agreement urge that SNFs use these cost-saving services 
     appropriately.
       The parties to the agreement recognize that excluding 
     services or items from the PPS by specifying codes in 
     legislation may not be the most appropriate way to protect 
     SNFs from extraordinary events. Additionally, some items may 
     have been inadvertently excluded from the list. New, 
     extremely costly items may come into use or codes may change 
     over time. Therefore, the parties to the agreement expect the 
     Secretary to use her authority to review periodically and 
     modify, as needed, the list of excluded services and items to 
     reflect changes in codes and developments in medical 
     technology. The parties to the agreement also request the 
     General Accounting Office (GAO) to review the codes of the 
     excluded items and make recommendations on whether the 
     criteria for their exclusion are appropriate by July 1, 2000.
       Section 1888(e)(5)(A) of the Social Security Act directed 
     the Secretary to establish a SNF market basket index (MBI) 
     that ``reflects the changes over time in the prices of

[[Page H12526]]

     an appropriate mix'' of goods and services. The parties to 
     the agreement believe that the Secretary should ensure that 
     the current SNF MBI, as developed by the Secretary and based 
     on Fiscal Year 1992 costs, fulfills this mandate. The parties 
     to the agreement recognize that the Secretary revised and 
     rebased the 1992 costs when developing the MBI; however, the 
     Secretary should ensure that these types of modifications 
     adequately reflect the costs of the efficient delivery of 
     medically necessary new medications developed since 1992. 
     Innovative medical research techniques, combined with 
     significant technological advances, have led to the 
     development of numerous new medications over the past seven 
     years. The Secretary should ensure that these types of 
     changes are represented in the current SNF MBI.
       Accordingly, Congress expects the Secretary to: (1) 
     evaluate the appropriateness of the SNF MBI with respect to 
     medications used in the SNF population based on data from the 
     first fiscal year after full implementation of the SNF PPS 
     when they become available; (2) consider modification of the 
     current SNF MBI as appropriate; and (3) ensure that the MBI 
     continues to be responsive to new medications used by the SNF 
     population.


Sec. 104. Provision for Part B Add-ons for Facilities Participating in 
  the Nursing Home Case Mix and Quality (NHCMQ) Demonstration Project

     Current law
       SNFs that had participated in the NHCMQ demonstration that 
     preceded completion and implementation of the RUG/PPS do not 
     have the cost of Part B services to their Medicare patients 
     accounted for under the facility-specific component of the 
     PPS during the transition period as do other SNFs.
     H.R. 3075, as passed
       Includes the cost of Part B services in the computation of 
     the facility-specific component of the per diem payment 
     during the transition to the federal per diem PPS for SNFs 
     that had participated in the NHCMQ demonstration, including 
     updates of the SNF market basket increase minus 1 percentage 
     point, except for an increase in FY 2001 of the SNF market 
     basket plus 0.8 percentage points. The provision becomes 
     effective retroactively to implementation of the Balanced 
     Budget Act of 1997 (BBA 97).
     S. 1788, as reported
       Similar to the House provision, with updates of the market 
     basket increase minus 1 percentage point for cost reporting 
     periods after 1997 and with allowances for exceptions 
     payments.
     Agreement
       The agreement includes the House provision with a 
     modification to keep the FY 2001 update at market basket 
     minus 1 percentage point.


  Sec. 105. Special Consideration for Facilities Serving Specialized 
                          Patient Populations

     Current law
       No provision.
     H.R. 3075, as passed
       Provides temporarily for special per diem payments to be 
     based 50% on the facility-specific rate and 50% on the 
     federal rate for hospital-based SNFs: (1) that were certified 
     for Medicare before July 1, 1992; (2) in 1998 served patients 
     who were immuno-compromised secondary to an infectious 
     disease; and (3) for which such patients accounted for more 
     than 60% of the facility's total patient days in 1998. The 
     special rates apply for the first cost reporting period 
     starting after enactment and end on September 30, 2001. 
     Requires the Secretary to assess and report within 1 year of 
     enactment on the resource use of such patients and recommend 
     whether permanent adjustments should be made to the RUGs in 
     which they are classified.
     S. 1788, as reported
       Requires the Secretary to study and report to Congress 
     within 1 year of enactment on alternative payment methods for 
     SNFs specializing in caring for extremely high cost, 
     chronically ill populations.
     Agreement
       The agreement includes the House provision.


  Sec. 106. MedPAC Study on Special Payment for Facilities Located in 
                           Hawaii and Alaska

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the Medicare Payment Advisory Commission (MedPAC) 
     to study and report within 18 months of enactment on the need 
     for additional payments for SNFs in Alaska and Hawaii.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


Sec. 107. Study and Report Regarding State Licensure and Certification 
       Standards and Respiratory Therapy Competency Examinations

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires the Secretary to report within 1 year of enactment 
     on variations in state licensure and certification standards 
     for workers providing respiratory therapy in SNFs and to make 
     recommendations regarding Medicare requirements for licensing 
     or certification.
     Agreement
       The agreement includes the Senate provision with 
     modification.

                       Subtitle B--PPS Hospitals


  Sec. 111. Modification in Transition for Indirect Medical Education 
                      (IME) Percentage Adjustment

     Current law
       Medicare pays teaching hospitals for its share of the 
     direct costs of providing graduate medical education, and the 
     indirect costs associated with approved graduate medical 
     education programs. Prior to BBA 97, Medicare's indirect 
     medical education (IME) payments increased 7.7% for each 10% 
     increase in a hospital's ratio of interns and residents to 
     beds. BBA 97 reduced the IME adjustment to 6.5% in FY 1999; 
     to 6.0% in FY 2000 and to 5.5% in FY 2001 and subsequent 
     years.
     H.R. 3075, as passed
       Freezes the IME adjustment at 6.0% for FY 2001 and then 
     reduces the adjustment to 5.5% in FY 2002 and subsequent 
     years.
     S. 1788, as reported
       Freezes the IME adjustment at 6.5% through FY 2003 and then 
     reduces the adjustment to 5.5% in FY 2004 and subsequent 
     years.
     Agreement
       The agreement includes the Senate provision with 
     modifications. The IME adjustment would be frozen at 6.5% 
     through FY 2000. The adjustment would be reduced to 6.25% in 
     FY 2001 and then to 5.5% in FY 2002 and subsequent years.
       The parties to the agreement include in this provision a 
     special adjustment to achieve the 6.5 percent IME payment for 
     the first six months of FY 2000. Because the PPS rates for FY 
     2000 were set prior to enactment and claims have already been 
     paid at the IME percentage adjustment of 6.0 percent as 
     mandated in the Balanced Budget Act of 1997, reverting to the 
     6.5 percent IME percentage adjustment provided in this 
     legislation would require re-processing of beneficiary 
     claims. Due to necessary Year 2000 computer adjustments, the 
     Secretary is unable to make payment changes until April 1, 
     2000, thus requiring a special adjustment to accommodate the 
     changes made under this section. To prevent reprocessing of 
     over 5 million beneficiary claims and reissuing an FY 2000 
     PPS payment rule, the payment difference between a 6.0 and a 
     6.5 IME percentage adjustment will be accomplished through an 
     aggregate adjustment to teaching hospital payments.


Sec. 112. Decrease in Reductions for Disproportionate Share Hospitals; 
                      Data Collection Requirements

     Current law
       Medicare makes additional payments to hospitals that serve 
     a disproportionate share of low-income Medicare and Medicaid 
     patients. BBA 97 reduced the disproportionate share hospital 
     (DSH) payment formula by 1% in FY 1998; 2% in FY 1999; 3% in 
     FY 2000; 4% in FY 2001; 5% in FY 2002 and 0% in FY 2003 and 
     in each subsequent year.
     H.R. 3075, as passed
       Freezes the reduction in the DSH payment formula to 3% in 
     FY 2001. Changes the reduction to 4% in FY 2002.
       Requires the Secretary to collect hospital cost data on 
     uncompensated inpatient and outpatient care, including non-
     Medicare bad debt and charity care as well as Medicaid and 
     indigent care charges. Requires the submission of the data in 
     cost reports for cost reporting periods beginning on or after 
     the enactment date.
     S. 1788, as reported
       Freezes the reduction in the DSH payment formula to 3% in 
     FY 2001.
     Agreement
       The agreement includes the House provision with 
     modification by requiring the Secretary to have hospitals 
     submit the data requested in cost reports for cost reporting 
     periods beginning on or after October 1, 2001.
       This provision eases the financial burden of hospitals 
     caring for a disproportionate share of low-income 
     individuals. In addition, the Secretary is required to 
     collect additional data necessary to develop a DSH payment 
     methodology that takes into account the cost of serving 
     uninsured and underinsured patients, as recommended by 
     MedPAC. Presently, the DSH formula is based only on the costs 
     associated with Medicaid patients and Medicare patients 
     eligible for Supplementary Security Income (SSI). MedPAC has 
     recommended that the formula be amended to include inpatient 
     and outpatient costs associated with services provided to 
     low-income patients, defined broadly to include all care to 
     the poor.
       In order to develop such a revised formula, it is necessary 
     first to collect additional data. MedPAC recommends that data 
     be collected on patients enrolled in state and local indigent 
     care programs, as well as uncompensated care associated with 
     uninsured or

[[Page H12527]]

     underinsured patients. State and local indigent care programs 
     would include non-federally financed programs with specific 
     eligibility criteria for specified health care services. 
     Financial data on state and local appropriations that offset 
     uncompensated care expenses should also be collected. 
     Uncompensated care costs and charges are those identified 
     more typically as bad debt and charity care. While the 
     parties to the agreement recognize that there may be problems 
     in defining and appropriately measuring such costs and 
     charges in a way that avoids duplication, such problems can 
     best be overcome by developing standard definitions at the 
     national level. The parties to the agreement expect the 
     Secretary to report on the financial interactions and 
     potential for shifts between Federal and State governments.

                    Subtitle C--PPS-Exempt Hospitals


  Sec. 121. Wage Adjustment of Percentile Cap for PPS-Exempt Hospitals

     Current law
       BBA 97 established a national cap on the Tax Equity and 
     Fiscal Responsibility Act of 1982 (TEFRA) limits for PPS-
     exempt hospitals at 75% of the target amount for that class 
     of hospital.
     H.R. 3075, as passed
       Adjusts the labor-related portion of the 75% cap to reflect 
     differences between the wage-related costs in the area of the 
     hospital and the national average of such costs within the 
     same class of hospitals beginning for cost reporting periods 
     on or after October 1, 1999.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


    Sec. 122. Enhanced Payments for Long-Term Care and Psychiatric 
 Hospitals Until Development of Prospective Payment Systems (PPS) for 
                            those Hospitals

     Current law
       BBA 97 established the amount of bonus and relief payments 
     for eligible PPS-exempt providers.
     H.R. 3075, as passed
       Increases the amount of continuous bonus payments to the 
     eligible long-term care and psychiatric providers from 1% to 
     1.5% for cost reporting periods beginning on or after October 
     1, 2000 and before September 30, 2001 and 2% for cost 
     reporting periods beginning on or after October 1, 2001 and 
     before September 30, 2002.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


Sec. 123. Per Discharge Prospective Payment System (PPS) for Long-Term 
                             Care Hospitals

     Current law
       BBA 97 requires the Secretary to develop a legislative 
     proposal for a PPS for long-term care hospitals that includes 
     an adequate patient classification system by October 1, 1999.
     H.R. 3075, as passed
       Requires the Secretary to report to the appropriate 
     Congressional committees by October 1, 2001 on a discharge-
     based PPS with an adequate patient classification system for 
     long-term care hospitals which would be implemented in a 
     budget-neutral fashion for cost reporting periods beginning 
     on or after October 1, 2002. The Secretary may require such 
     long-term care hospitals to submit information to develop the 
     payment system.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. In developing 
     and evaluating the new PPS system, the parties to the 
     agreement encourage the Secretary to measure the quality of 
     outcomes.


  Sec. 124. Per Diem Prospective Payment System (PPS) for Psychiatric 
                               Hospitals

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the Secretary to report to the appropriate 
     Congressional committees by October 1, 2001 on a per diem-
     based PPS with an adequate patient classification system for 
     psychiatric hospitals and distinct-part units which would be 
     implemented in a budget-neutral fashion for cost reporting 
     periods beginning on or after October 1, 2002. The Secretary 
     may require such psychiatric hospitals and units to submit 
     information to develop the system.
     S. 1788, as reported
       Requires the Secretary to report to Congress within 2 years 
     of enactment on a PPS for psychiatric hospitals and units. 
     The study should take into account the unique circumstances 
     of psychiatric hospitals in rural areas.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement are aware that changes to payments for 
     psychiatric units and hospitals contained in this bill could 
     affect the provision of mental health services in rural 
     areas. Accordingly, the parties to the agreement request that 
     MedPAC evaluate the impact of these changes and make 
     recommendations if further modifications are needed to 
     maintain the availability of rural hospitals to provide 
     critical behavioral health services.


Sec. 125. Refinement of Prospective Payment System (PPS) for Inpatient 
                        Rehabilitation Hospitals

     Current law
       BBA 97 requires the Secretary to establish a case-mix 
     adjusted prospective payment system (PPS) for rehabilitation 
     hospitals and distinct-part units, effective beginning in FY 
     2001. PPS rates are to be phased-in between October 1, 2000 
     and before October 1, 2002 with an increasing percentage of 
     the hospitals' payment based on the PPS amount. For FY 2001 
     and FY 2002, the Secretary is required to establish 
     prospective payment amounts so that total payments for 
     rehabilitation hospitals equal 98% of the amount that would 
     have been paid if the PPS had not been enacted. The inpatient 
     rehabilitation hospital/distinct-part unit PPS will be fully 
     implemented by October 1, 2002.
     H.R. 3075, as passed
       Changes the phase-in requirements to permit rehabilitation 
     facilities to elect to have their payment based entirely on 
     the PPS amount in FY 2001 and FY 2002. Changes the budget 
     neutrality requirement for FY 2001 and FY 2002 to account for 
     the facilities that have elected to be fully reimbursed on 
     the PPS amount during the transition period. Requires the 
     Secretary, after obtaining substantially complete FY 2001 
     data, to analyze the extent to which changes in case-mix (or 
     changes in the severity of illnesses) are attributable to 
     changes in medical record coding and patient classification 
     and do not reflect real changes in case-mix. Based on the 
     analysis of the case-mix change attributable to coding and 
     classification change, the Secretary shall adjust FY 2004 PPS 
     rates by 150% of the estimate of the PPS percentage 
     adjustment that would have achieved budget neutrality in FY 
     2001 if it had applied to setting the rates for that fiscal 
     year. If this FY 2004 adjustment resulted in a percentage 
     decrease in the rates, the Secretary shall increase the FY 
     2005 PPS rates by a percentage equal to \1/3\ of such 
     percentage decrease. If this FY 2004 adjustment resulted in a 
     percentage increase in the rates, the Secretary shall 
     decrease the FY 2005 PPS rates by a percentage equal to 1/3 
     of such percentage increase.
       Requires the Secretary to base PPS on discharges. Requires 
     the Secretary to establish classes of patient discharges of 
     rehabilitation facilities by functional-related groups, 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 (FIMFRGs). 
     Clarifies that the Secretary may adjust payments to account 
     for the early transfer of a patient from a rehabilitation 
     facility to another site of care. Requires the Secretary to 
     submit a study to Congress not later than 3 years after the 
     implementation of the PPS of its impact on utilization and 
     access.
     S. 1788, as reported
       Bases the PPS on discharges classified according to 
     functional-related groups based on impairment, age, 
     comorbidities, and functional capability of the patient as 
     well as other factors deemed appropriate to improve the 
     explanatory power of FIMFRGs. Requires the Secretary to 
     submit a study to Congress, not later than 2 years after 
     implementation of PPS, of its impact on service utilization, 
     beneficiary access, non-therapy ancillary services and other 
     factors that the Secretary determines to be appropriate. The 
     study should include legislative recommendations on payment 
     adjustments as appropriate.
     Agreement
       The agreement includes the House provision with amendments.

                        Subtitle D--Hospice Care


        Sec. 131. Temporary Increase in Payment for Hospice Care

     Current law
       Hospice payments are based on one of four prospectively 
     determined daily rates which correspond to levels of care. 
     Before BBA 97, the rates were updated annually by the 
     hospital market basket; BBA 97 reduced the updates to market 
     basket minus 1 percentage point for FY 1999 through FY 2002 
     and required the Secretary to collect hospice cost data.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Changes the hospice update to market basket minus 0.5 
     percentage point through FY 2002.
     Agreement
       The agreement includes the Senate provision with an 
     amendment. For each of fiscal years 2001 and 2002, hospice 
     payment rates (otherwise in effect for those years) are 
     increased by 0.5 percent and 0.75 percent, respectively. The 
     Secretary is prohibited from including these additional 
     payments in the updates of payment rates after FY 2002.


 Sec. 132. Study and Report to Congress Regarding Modification of the 
                     Payment Rates for Hospice Care

     Current law
       The Secretary is required to collect data from hospices on 
     the costs of care provided for each fiscal year beginning 
     with FY 1999.

[[Page H12528]]

     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires the GAO to conduct a study on the feasibility and 
     advisability of updating the hospice rates and certain capped 
     payment amounts, including an evaluation of whether the cost 
     factors used to determine the rates should be modified, 
     eliminated, or supplemented with additional cost factors. The 
     report and recommendation are to be submitted to Congress 
     within 1 year of enactment.
     Agreement
       The agreement includes the Senate provision.

                      Subtitle E--Other Provisions


  Sec. 141. MedPAC Study on Medicare Payment for Non-Physician Health 
              Professional Clinical Training in Hospitals

     Current law
       BBA 97 required that, not later than 2 years after 
     enactment, MedPAC submit to Congress a study of Medicare's 
     graduate medical education payment policy and reimbursement 
     methodologies including whether and to what extent payments 
     are being made (or should be made) for training in nursing 
     and other allied health professions.
     H.R. 3075, as passed
       Requires MedPAC, within 18 months of enactment, to submit 
     to Congress a study of Medicare payment policy with respect 
     to professional clinical training of different types of non-
     physician health care professionals (such as nurses, nurse 
     practitioners, allied health professionals, physician 
     assistants, and psychologists).
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement recognize that MedPAC has considered non-
     physician clinical training in its report to the Congress on 
     long-term policies for graduate medical education. However, 
     the parties to the agreement require additional explicit 
     information on Medicare's role in financing clinical training 
     for non-physician health professionals. A continuation of the 
     existing effort, combined with quantitative analysis, will 
     provide the Congress with all aspects of Medicare's support 
     for health professional training, including possible 
     methodologies for making payments and the entities that 
     should receive them.
       The parties to the agreement are pleased that the 
     Secretary, consistent with language included in the 
     Conference Report (Report 105-217) of the Balanced Budget Act 
     of 1997, is considering a proposal to initiate graduate 
     medical education payments to institutions involved in the 
     training of clinical psychologists. The parties to the 
     agreement urge the Secretary to issue a notice of proposed 
     rulemaking to accomplish this modification before June 1, 
     2000.

                  Subtitle F--Transitional Provisions


           Sec. 151. Exception to CMI Qualifier for One Year

     Current law
       The Secretary is authorized to allow for exceptions and 
     adjustments to the amount paid under PPS for hospitals that 
     act as regional or national referral centers for patients 
     transferred from other hospitals. Generally, a referral 
     center is located in a rural area, has at least 275 or more 
     beds, can show that at least 50% of its Medicare patients 
     are referred from other hospitals, and that at least 60% 
     of its Medicare patients live more than 25 miles from the 
     hospital or that 60% of all the services that the hospital 
     furnishes to Medicare beneficiaries are furnished to those 
     that live more than 25 miles from the hospital.
       Alternatively, a hospital may meet certain other specified 
     criteria including (1) a case-mix index above the national 
     average or above the median case-mix value for urban 
     hospitals located in that region; (2) a number of discharges 
     greater than 5,000 or, if less, above the median number of 
     discharges for urban hospitals in the region; (3) more than 
     50% of the hospital's active medical staff are specialists; 
     (4) at least 60% of all its discharges are for patients who 
     live more than 25 miles from the hospital; or (5) at least 
     40% of all patients treated at the hospital are referred from 
     other hospitals or by physicians not on the hospital's staff. 
     These referral centers receive preferential treatment in the 
     Medicare inpatient PPS for the disproportionate share 
     hospital payment adjustment and when considered for 
     geographic reclassification.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Deems that Northwest Mississippi Regional Medical Center 
     meets the case-mix index criterion for classification as a 
     referral center for FY 2000.
     Agreement
       The agreement includes the Senate provision.


 Sec. 152. Reclassification of Certain Counties and Areas for Purposes 
              of Reimbursement Under the Medicare Program

     Current law
       Medicare's inpatient hospital PPS payments vary by urban/
     rural classification and the geographic area where a hospital 
     is located or to which a hospital is assigned.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Deems that: Iredell County, NC is to be considered part of 
     the Charlotte-Gastonia Rock Hill NC-SC Metropolitan 
     Statistical Area (MSA); and Orange County, NY is to be 
     considered part of the large urban area of New York, NY for 
     discharges occurring on or after October 1, 1999.
     Agreement
       The agreement contains the Senate provision with 
     modifications. For purposes of Medicare reimbursement, Lake 
     County, Indiana and Lee County, Illinois are deemed to be 
     considered part of the Chicago, Illinois MSA; Hamilton-
     Middletown, Ohio is deemed to be considered part of the 
     Cincinnati, Ohio-Kentucky-Indiana MSA; Brazoria County, Texas 
     is deemed to be considered part of the Houston, Texas MSA; 
     and Chittenden County, Vermont is deemed to be considered 
     part of the Boston-Worcester-Lawrence-Lowell-Brockton, 
     Massachusetts-New Hampshire MSA. These counties would be 
     reclassified for the purposes of the Medicare inpatient PPS 
     in FY 2000 and FY 2001.


                    Sec. 153. Wage Index Correction

     Current law
       Medicare's inpatient hospital PPS payments are adjusted to 
     reflect the wage level in the geographic area where a 
     hospital is located or to which a hospital is assigned. 
     Hospitals can only submit and correct wage data during 
     specified times. All payment changes that result from changes 
     to the wage data are implemented in a budget-neutral fashion.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires the Secretary to recalculate and apply the 
     Hattiesburg, MS MSA wage index for FY 2000 using FY 1996 wage 
     and hour data for Wesley Medical Center. The Secretary is 
     instructed to adjust PPS to take into account the corrected 
     wage index.
     Agreement
       The agreement includes the Senate provision with 
     modifications. The wage index recalculation would not affect 
     the wage indices for any other areas.


Sec. 154. Calculation and Application of Wage Index Floor for a Certain 
                                  Area

     Current law
       Medicare's inpatient hospital PPS payments are adjusted to 
     reflect the wage level in the geographic area where a 
     hospital is located or to which a hospital is assigned. 
     Hospitals can only submit and correct wage data during 
     specified times. All payment changes that result from changes 
     to the wage data are implemented in a budget-neutral fashion.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement would require the Secretary to calculate and 
     apply the wage index for the Allentown-Bethlehem-Easton MSA 
     for FY 2000 as if Lehigh Valley Hospital were classified in 
     such area. Such recalculation would not affect the wage index 
     for any other area. For FY 2001, Lehigh Valley Hospital would 
     be treated as being classified to the Allentown-Bethlehem-
     Easton MSA.


     Sec. 155. Special Rule for Certain Skilled Nursing Facilities

     Current law
       The SNF prospective payment system pays SNFs a per diem 
     amount for all covered services provided to Medicare 
     beneficiaries. During a transition period lasting through the 
     three cost reporting periods beginning on or after July 1, 
     1998, a portion of the per diem payment to a SNF will be 
     based on a facility-specific rate, and the remaining portion 
     on a federal rate. By the end of the transition, 100% of the 
     per diem payment will be based on the federal rate. Federal 
     and facility-specific payments are based on updated 1995 cost 
     reports.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes provisions to require the Secretary 
     to establish for each cost reporting period beginning in FY 
     2000 and in FY 2001, special per diem payments for SNFs: (1) 
     that began participation in the Medicare program before 
     January 1, 1995; (2) for which at least 80 percent of total 
     inpatient days of the facility in the cost reporting 
     beginning in 1998 were comprised of persons entitled to 
     Medicare; and (3) that are located in Baldwin or Mobile 
     County, Alabama. The payment amount would be equal to 100 
     percent of the facility-specific rate, which would be based 
     on allowable costs for the cost reporting period beginning in 
     FY 1998.

                TITLE II--PROVISIONS RELATING TO PART B


  Sec. 201. Outlier Adjustment; Transitional Pass-through for Certain 
                  Medical Devices, Drugs, Biologicals

     Current law
       Under the hospital outpatient PPS, payments will be uniform 
     for all patients undergoing a certain procedure in certain 
     hospitals. Currently, beneficiaries pay 20% of charges for 
     outpatient services. Under the outpatient PPS, beneficiary 
     copayments will

[[Page H12529]]

     be limited to frozen dollar amounts based on 20% of the 
     national median of charges for services in 1996, updated to 
     the year of implementation of the PPS.
     H.R. 3075, as passed
       For certain high cost (or ``outlier'') patients, permits 
     the Secretary to determine and provide additional payments to 
     hospitals for each covered service for which the hospital's 
     costs exceed a fixed multiple of the PPS amount, including 
     any ``transitional pass-through'' payments and including 
     other adjustments. The pool of funds for such outlier 
     payments may not exceed 2.5% of total program costs in years 
     before 2004 and 3.0% thereafter, but must be budget-neutral.
       Allows for 2 to 3 years of payments to be made in addition 
     to PPS payments (``transitional pass through'' payments) for 
     innovative medical devices, drugs, and biologicals, including 
     orphan drugs, cancer therapy drugs and biologicals, and 
     certain ``new'' medical devices, drugs, and biologicals. The 
     pool of funds for such items would be 2.5% for years up to 
     2004 and 2% thereafter, but must be budget-neutral.
       For the outpatient PPS, defines covered outpatient services 
     to include implantable medical devices; gives the Secretary 
     the option of basing the system's relative payment weights on 
     the mean or the median of hospital costs.
       Limits cost range of services and items (except for orphan 
     drugs) comprising a cost group on which a prospective payment 
     is based. Provides that beneficiary copayments will not 
     reflect Medicare payments to hospitals for outlier costs or 
     transitional pass through payments for certain drugs, 
     biologicals, and devices.
     S. 1788, as reported
       Similar to House provision with additional transitional 
     pass-through payments for radiopharmaceuticals.
     Agreement
       The agreement includes the House provision with amendments: 
     the agreement includes a transitional pass-through of costs 
     of radiopharmaceuticals. In addition, the agreement allows 
     the Secretary to apply outlier payments for covered 
     outpatient services furnished before January 1, 2002, for 
     individual outpatient encounters, using an appropriate cost-
     to-charge ratio for the hospital rather than for the specific 
     departments within the hospital.
       It is the intent of the conferees that the phase-down in 
     beneficiary coinsurance for hospital outpatient services 
     enacted by the Balanced Budget Act of 1997 not be delayed 
     further by any changes to the hospital outpatient prospective 
     payment system included in this bill. The BBA 97 provision 
     was intended to fix an anomaly in the law that resulted in 
     Medicare beneficiaries paying more than 20 percent in 
     coinsurance for hospital outpatient services. There has 
     already been a one-year delay in the implementation of the 
     BBA 97 provision. The conferees fully expect that the 
     beneficiary coinsurance phase-down will commence, as 
     scheduled, on July 1, 2000, and that beneficiary coinsurance 
     for outpatient department (OPD) services will be frozen until 
     it equals 20 percent of the Medicare OPD fee schedule amount, 
     which should be determined without regard to any outlier 
     adjustments, adjustments that limit payment declines, or 
     transitional add-on payments.
       The parties to the agreement believe that HCFA's plans for 
     implementing the outpatient prospective payment system (PPS), 
     as described in HCFA's September 7, 1998 proposed regulation, 
     raise many concerns. The proposal: (1) fails to provide 
     adjustments for high cost care; (2) does not adequately 
     provide a transition to include medical devices, drugs and 
     biologicals in the system, and; (3) will not be updated 
     annually to keep pace with changes in technology and medical 
     practice. The Committee is making several structural changes 
     to improve the design of the outpatient PPS and to assure 
     that patients are not denied access to needed care.
       In the proposed regulation, HCFA classified many different 
     services with varying costs into a single payment group. In 
     one example, brachytherapy has been placed in a group with 
     other procedures that are much less costly. This could 
     provide disincentives to use this technology. The Committee 
     believes that while some level of variation is unavoidable, 
     there should not be wide variation that could potentially 
     restrict access to the most costly services. To address this 
     problem, this agreement would place an upper limit on the 
     variation of costs among services included in the same group. 
     The most costly item or service in a group could not have a 
     mean or median cost that was more than twice the mean or 
     median cost of the least costly item or service in the group. 
     To provide additional flexibility, the parties to the 
     agreement give the Secretary the option to base the relative 
     payment weights on either the mean or median cost of the 
     items and services in a group. Further, in classifying drugs 
     and biologicals into payment categories, the parties to the 
     agreement expect that consideration will be given to products 
     that are therapeutically equivalent.
       The parties to the agreement recognize that there may be 
     unusual cases, such as low volume items and services, and the 
     Secretary is given discretion to exempt these exceptional 
     cases from the limitation. The parties expect that the 
     Secretary would not use this exception to include orphan 
     drugs in a group that contains very different resources.
       In the proposed regulation, HCFA stated its intention not 
     to update the payment groups and rates annually. This is 
     different from the agency's process of annually updating the 
     inpatient prospective payment system. Given the rapid pace of 
     technological change as well as changes in medical practice, 
     the parties to the agreement require the Secretary to review 
     the outpatient payment groups and amounts annually and to 
     update them as necessary.
       BBA 97 gave the Secretary the discretion to make additional 
     payments (called outlier payments) to hospitals for 
     particularly costly cases. The parties to the agreement 
     require the Secretary to make outlier payments in a budget 
     neutral manner and in a similar way as is currently done in 
     the inpatient PPS. The outlier pool would be established at 
     any level up to 2.5 percent of total payments for the first 
     three years under the new system. After the third year, the 
     pool could be set at any level up to 3 percent of total 
     payments.
       While the statutory provisions for the inpatient PPS 
     require an outlier pool equal to a level between 5 and 6 
     percent of total inpatient PPS payments, the Committee 
     believes that the lower levels of 2.5 and 3.0 percent are 
     more appropriate for the outpatient PPS because the 
     outpatient PPS will make separate payments for most 
     individual services performed during an outpatient encounter. 
     The allowed upper limit on the size of the pool is increased 
     after the third year because the need for outlier payments 
     may increase after the temporary add-on payments for drugs 
     and biologicals, described below, are replaced with a 
     transitional provision that applies only to new products.
       The parties to the agreement are concerned that HCFA's 
     proposed payment system does not adequately address issues 
     pertaining to the treatment of drugs, biologicals and new 
     technology. The parties believe that these oversights could 
     lead to restricted beneficiary access to drugs, biologicals 
     and new technology. The provisions would establish 
     transitional payments to cover the added costs of certain 
     services involving the use of medical devices, drugs and 
     biologicals. Hospitals using these drugs, biologicals and 
     devices would be eligible for additional payments.
       The duration of the transitional payment would be for a 
     period of at least two years but not more than three years. 
     For drugs, biologicals, and brachytherapy used in cancer 
     therapy and orphan drugs, the period would begin with the 
     implementation date of the outpatient PPS. This also would be 
     the period applicable to medical devices first paid as an 
     outpatient hospital service after 1996 but before 
     implementation of the outpatient PPS (as well as for any 
     other item or service eligible for the additional payments at 
     the inception of the outpatient PPS because of insufficient 
     data or use of the Secretary's discretion). For products 
     first paid as an outpatient service after implementation of 
     the outpatient PPS, the transitional payment would begin with 
     the first date on which payment is made for the device, drug 
     or biological as an outpatient hospital service and continue 
     for at least two, but not more than three, years.
       The parties to the agreement expect the Secretary to 
     develop a process to address new devices, drugs and 
     biologicals introduced after the outpatient fee schedule for 
     a particular year has been set. This process should include 
     assigning an appropriate code (or codes) to the product and 
     establishing the amount of the add-on payment. New codes and 
     add-on payment amounts should be made effective quarterly.
       The amount of the additional payment to hospitals, before 
     applying the limitation described below, should equal the 
     amount specified for the new technology less the average cost 
     included in the outpatient payment schedule for the existing 
     technology. Specifically, for drugs and biologicals, the 
     amount of the additional payment is the amount by which 95 
     percent of the Average Wholesale Price (AWP) exceeds the 
     portion of the applicable outpatient fee schedule amount that 
     the Secretary determines is associated with the drug or 
     biological. Similarly, for new medical devices, the add-on 
     payment is the amount by which the hospital's charges for the 
     device, adjusted to cost, exceed the outpatient fee schedule 
     amount associated with the device.
       The total amount of additional pass-through payments in a 
     year should not exceed a prescribed percentage of total 
     projected payments under the outpatient prospective payment 
     system. The applicable percentages are: (1) 2.5 percent for 
     the first three years after implementation of the new 
     outpatient payment system; and (2) up to 2.0 percent in 
     subsequent years. In setting the hospital outpatient 
     department (OPD) rates and add-on amounts for a particular 
     year, the Secretary will estimate the total amount of 
     additional payments that would be made based on the add-on 
     amounts specified above and the expected utilization for each 
     service. If the estimated total amount exceeds the percentage 
     limitation, the Secretary will apply a pro rata reduction to 
     the add-on payment amounts so that projected total payments 
     are within the limitation.
       The parties to the agreement believe that the current 
     DMEPOS fee schedule is not appropriate for certain 
     implantable items, since their use in the hospital setting 
     involves the provision of services by the hospital. It is the 
     parties' intent that payment for implantable medical items 
     (for example,

[[Page H12530]]

     pacemakers, defibrillators, cardiac sensors, venous grafts, 
     drug pumps, stents, neurostimulators, and orthopedic 
     implants), as well as for items that come into contact with 
     internal human tissue during invasive medical procedures (but 
     are not permanently implanted), will be made through the 
     outpatient PPS system--regardless of how these products might 
     be classified on current HCFA fee schedules.
       The parties to the agreement understand that the Secretary 
     is committed to creating separate payment categories for 
     blood, blood products, and plasma-based and recombinant 
     therapies. The parties to the agreement continue to be 
     concerned that the inadequate payment for these products and 
     therapies could represent a barrier to patient access. 
     Accordingly, the parties to the agreement expect the 
     Secretary to carefully analyze potential patient access 
     issues and create sufficient payment categories to adequately 
     differentiate these products.
       The agreement also requires the Secretary to conduct a 
     study of intravenous immune globulin (IVIG) services in 
     settings other than hospital outpatient departments and 
     physicians' offices to be completed within 1 year of 
     enactment. In addition, the agreement requires the Secretary 
     to make recommendations on the appropriate manner and 
     settings under which Medicare should pay for these services 
     in such settings.
       The parties to the agreement encourage the Secretary to 
     examine Medicare policies regarding outpatient rehabilitation 
     services (including cardiac and pulmonary rehabilitation 
     services) in hospital outpatient departments and other 
     ambulatory settings in light of advances in medical 
     technology.


 Sec. 202. Establishing a Transitional Corridor for Application of OPD 
                                  PPS

     Current law
       The hospital outpatient PPS is to be implemented in full 
     and simultaneously for all services and hospitals (estimated 
     for July 2000).
     H.R. 3075, as passed
       Provides payments in addition to PPS payments to a hospital 
     during the first 3 years of the PPS if its PPS payments are 
     less than the payments that would have been made prior to the 
     PPS. During the first year, a hospital would receive an 
     additional amount equal to 80% of the first 10% of the 
     difference between its payments under the prior system and 
     under the PPS, 70% of the next 10% of reduced payments, and 
     60% of the next 10%. If PPS payments are less than 70% of 
     prior levels, the additional sum is 21% of the pre-BBA 
     amount. During the second year, the payments as a proportion 
     of reduced payments would change to 70% of the first 10% and 
     60% of the second 10%. If PPS payments are less than 80% of 
     prior amounts the additional sum is 13% of the pre-BBA 
     amount. In the third year, the payment would be 60% of the 
     first 10% of reduced payments, and if the PPS payments are 
     less than 90% of the prior amounts, the additional payment is 
     6% of the pre-BBA amount. These additional payments would be 
     made through 2003.
       Until January 1, 2004, for rural hospitals with fewer than 
     100 beds, provides special payments to bring payments to 
     hospital outpatient departments up to their pre-PPS amounts 
     if their PPS payments are less than under the prior system. 
     Waives budget neutrality for these payments; applies BBA 97 
     beneficiary copayment rules. Requires the Secretary to report 
     by July 1, 2002, on whether the outpatient PPS should apply 
     to Medicare dependent small rural hospitals; sole community 
     hospitals; rural health clinics; rural referral centers; 
     rural hospitals with 100 or fewer beds; other rural hospitals 
     as determined by the Secretary.
     S. 1788, as reported
       Requires the Secretary to increase payments under the 
     hospital outpatient PPS in amounts such that the ratio of 
     Medicare payments (after correction for the formula-driven 
     overpayment) plus beneficiary copayments to hospital costs 
     would be no less than 90%, 85%, and 80% of the ratio of the 
     hospital's 1996 payments-to-costs in the first, second, and 
     third years of the new system, respectively. Authorizes the 
     Secretary to make interim payments to hospitals during 
     these 3 years and to make subsequent retroactive 
     adjustments. The budget neutrality requirement of the PPS 
     is waived. For each year beginning in 2000, the Secretary 
     is authorized to increase permanently PPS payments to 
     Medicare dependent small rural hospitals, sole community 
     hospitals, and cancer hospitals to amounts such that the 
     ratio of Medicare payments plus beneficiary copayments to 
     a hospital's costs would be not less than that ratio in 
     1996. Beneficiary copayment reductions in BBA 97 would be 
     protected for care in these facilities. The BBA 97 budget 
     neutrality requirements would be waived for these 
     payments.
     Agreement
       The agreement includes the House and Senate provisions with 
     amendments. The agreement includes the House corridor amounts 
     and a temporary hold harmless provision for small rural 
     hospitals with modifications. It also includes the Senate's 
     permanent hold harmless provision for cancer hospitals under 
     the PPS. For services furnished before January 1, 2004, by 
     rural hospitals with not more than 100 beds, Medicare 
     payments will equal 100% of the hospitals' pre-BBA outpatient 
     payment amounts if their PPS amount is less than the pre-BBA 
     amount. On a permanent basis, Medicare payments to cancer 
     hospitals will equal 100% of their pre-BBA amount if their 
     PPS amount is less than their pre-BBA amount. Pre-BBA amount 
     is defined as the 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, excluding formula-driven overpayments.


Sec. 203. Study and Report to Congress Regarding the Special Treatment 
 of Rural and Cancer Hospitals in Prospective Payment System (PPS) for 
                Hospital Outpatient Department Services

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the Secretary to submit a report and 
     recommendations to Congress by July 1, 2002 on whether a 
     hospital outpatient prospective payment system (PPS) should 
     continue to apply to Medicare Dependent Hospitals, Sole 
     Community Hospitals, rural health clinics, rural referral 
     centers, and other rural hospitals.
     S. 1788, as reported
       Requires MedPAC to prepare a report to the Secretary of HHS 
     and the Congress within 2 years of enactment regarding the 
     feasibility and advisability of including cancer hospitals 
     and rural hospitals in the outpatient PPS. After submission 
     of the report, the Secretary shall submit comments on the 
     report within 60 days.
     Agreement
       The agreement includes the Senate provision with 
     modifications.


Sec 204. Limitation on Outpatient Hospital Copayment for a Procedure to 
                     the Hospital Deductible Amount

     Current law
       When the hospital outpatient PPS is implemented, BBA 97 
     freezes beneficiary copayments at the dollar amount that is 
     equal to 20% of national median changes for a procedure in 
     1996 updated to 1999 (or the year of implementation of the 
     PPS).
     H.R. 3075, as passed
       Caps beneficiary copayments under the PPS for care and 
     services in hospital outpatient departments to the dollar 
     amount of the deductible for an inpatient hospital stay under 
     Part A. Provides Medicare payments to make up the difference 
     between the frozen copayment amount and the new limit. 
     Effective retroactively to enactment of the BBA 97.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.
     Subtitle B--Physician Services


Sec. 211. Modification of Update Adjustment Factor Provisions to Reduce 
           Update Oscillations and Require Estimate Revisions

     Current law
       Payments to physicians are made on the basis of a fee 
     schedule which assigns a relative value unit to each service. 
     The conversion factor is a dollar figure that converts the 
     geographically adjusted relative value into a dollar payment 
     amount. This amount is updated each year. Beginning in 1999, 
     the update percentage equals the Medicare Economic Index 
     (MEI), subject to an adjustment to match actual spending to 
     target spending for physicians services under the sustainable 
     growth rate (SGR) system.
     H.R. 3075, as passed
       Makes technical changes to limit oscillations in the annual 
     update to the conversion factor beginning in 2001 by: (a) 
     requiring that future update adjustment factors be calculated 
     using data measured on a calendar year basis; (b) modifying 
     the formula for determining the update by adding a new 
     component to the formula to measure past year variances 
     from allowed spending growth; and (c) mitigating the year-
     to-year impact of these measures on the update by the 
     addition of dampening multipliers. Provides for a budget-
     neutral transition to the revised system. Provides that 
     the SGR is to be calculated on a calendar basis. Requires 
     that an estimate of the conversion factor and SGR be made 
     available to MedPAC and the public by March 1 of each 
     year, MedPAC comments in its annual report, and final 
     publication November 1. Requires the Secretary to use the 
     best available data to revise prior SGR estimates for up 
     to 2 years after the estimate is first published. Provides 
     that provision would not apply to or affect any update for 
     any year before 2001.
     S. 1788, as reported
       Nearly identical provision. In addition, requires the 
     Secretary, acting through the Administrator of the Agency for 
     Health Care Policy and Research, to conduct a study on the 
     utilization of physicians services under the fee-for-service 
     program.
     Agreement
       The agreement includes the House provision with Senate 
     amendment to include the AHCPR study. With regard to 
     physician supervision of anesthesia services under Medicare's 
     Conditions of Participation, if the

[[Page H12531]]

     Secretary determines that there is insufficient current 
     scientific data comparing mortality and adverse outcome rates 
     in the provision of anesthesia services to Medicare patients, 
     the Secretary should conduct a comparative outcome study and 
     report back to the parties to the agreement. If the Secretary 
     believes that she has sufficient mortality and quality 
     information regarding the provision of anesthesia services by 
     nurse anesthetists and anesthesiologists, then she could make 
     the appropriate regulatory changes to ensure access to 
     quality care for Medicare beneficiaries.


   Sec. 212. Use of Data Collected by Organizations and Entities in 
              Determining Practice Expense Relative Values

     Current law
       The Social Security Act Amendments of 1994 (P.L. 103-432) 
     required the Secretary to develop a methodology for a 
     resource-based system for calculating practice expenses which 
     would be implemented in calendar year 1998. BBA 97 delayed 
     implementation of a resource-based practice expense 
     methodology for a year, until 1999. BBA 97 also reduced 
     certain practice expense relative value units in 1998. The 
     new resource-based system is being phased-in beginning in 
     calendar year 1999; 1998 is used as the base year for the 
     calculation. Beginning in 2002, the values will be totally 
     resource-based.
     H.R. 3075, as passed
       Requires the Secretary to establish by regulation a process 
     (including data collection standards) under which the 
     Secretary would accept for use and would use, to the maximum 
     extent practicable and consistent with sound data practices, 
     data collected by organizations and entities other than HHS. 
     Requires a report to the Secretary on the process and the 
     extent to which such data has been used.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement direct the Secretary to give fair consideration 
     to data submitted by external entities. The parties to the 
     agreement are particularly concerned about the instances when 
     HCFA may not have adequate data for rate setting.


Sec. 213. GAO Study on Resources Required to Provide Safe and Effective 
                       Outpatient Cancer Therapy

     Current law
       No provision.
     H.R. 3075, as passed
       Requires a study and report to Congress on resources 
     required to provide safe and effective outpatient cancer 
     therapy and the appropriate payment rates for such services.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement direct the Comptroller General to determine the 
     adequacy of practice expenses associated with the utilization 
     of outpatient cancer clinical resources, examine the current 
     level of work values in the practice expense formula, and 
     assess various standards to assure the provision of safe 
     outpatient cancer therapy services. The parties to the 
     agreement also direct the Comptroller General to submit to 
     Congress a report on this study. As part of the study, the 
     Comptroller General is directed to make recommendations 
     regarding adjustments to practice expense values in effect 
     under Part B of the Medicare program and the impact on 
     program costs. In addition, the parties to the agreement 
     encourage the Comptroller General to examine the variation in 
     Medicare payments for these services in hospital and non-
     hospital settings.

                       Subtitle C--Other Services


     Sec. 221. Revision of Provisions Relating to Therapy Services

     Current law
       BBA 97 set annual payment limits for all outpatient therapy 
     services provided by non-hospital providers. There are two 
     per beneficiary limits. The first is a $1,500 per beneficiary 
     annual cap for all outpatient physical therapy services and 
     speech language pathology services. The second is a $1,500 
     per beneficiary annual cap for all outpatient occupational 
     therapy services. The Secretary is required to report to 
     Congress by Jan. 1, 2001 on recommendations for establishing 
     a revised payment policy based on diagnostic groups.
     H.R. 3075, as passed
       Creates separate $1,500 caps for physical therapy and 
     speech-language pathology services which would be applied to 
     services furnished on a per beneficiary, per facility (or 
     provider) basis beginning in 2000. The cap on occupational 
     therapy services would also be applied on a per beneficiary, 
     per facility (or provider) basis. Directs the Secretary to 
     establish a process so that a facility or provider may apply 
     for an increase in the limitation for a beneficiary for 
     services furnished in 2000 or 2001; limits additional 
     payments to $40 million in FY2000, $60 million in FY2001, and 
     $20 million in FY2002.
       In addition, H.R. 3075 specifies that an optometrist may 
     meet the physician supervision requirement for outpatient 
     physical therapy services. Current law limits outpatient 
     occupational therapy services to services furnished to 
     individuals who are under the care of a medical doctor, 
     doctor of osteopathy, or podiatrist. Persons suffering from 
     low vision (visual impairments not correctable using 
     conventional eyewear) may be under the care of either a 
     medical doctor, doctor of osteopathy, or optometrist. The 
     provision would clarify that rehabilitation services for 
     these individuals may be covered when the patient is under 
     the care of, and the treatment plan has been ordered by, 
     either a medical doctor, doctor of osteopathy, or 
     optometrist.
     S. 1788, as reported
       Provides that the cap would not apply in 2000 and 2001. 
     Modifies current report to Congress to include recommendation 
     for assuring appropriate utilization and incorporation of 
     functional status in recommended payment modifications. 
     Requires Secretary to study utilization patterns in 2000 
     compared to those in 1998 and 1999.
     Agreement
       The agreement includes the Senate provision with a 
     modification requiring the Secretary to conduct focused 
     medical reviews of therapy services during 2000 and 2001, 
     with emphasis on claims for services provided to residents of 
     SNFs.
       The agreement also includes the House provision regarding 
     optometrists and the supervision of outpatient physical 
     therapy services. The parties to the agreement note that the 
     extent to which these rehabilitation services are covered is 
     a coverage decision made by carriers and the Health Care 
     Financing Administration. Based on an agreement between 
     organizations representing ophthalmology and optometry on 
     appropriate low vision rehabilitation services, the parties 
     to the agreement expect that referral for low vision 
     rehabilitation services by optometrists would be limited to 
     three codes--97530, 97535, and 97537.


           Sec. 222. Update in Renal Dialysis Composite Rate

     Current law
       Dialysis facilities providing care to beneficiaries with 
     end-stage renal disease (ESRD) receive a fixed prospective 
     payment amount for each dialysis treatment. The base 
     composite rate is $126 for hospital-based providers and $122 
     for free-standing facilities.
     H.R. 3075, as passed
       Updates the composite rate by 1.2% for dialysis services 
     furnished during CY2000 and an additional 1.2% for services 
     furnished in CY2001. Requires a MedPAC study on the use of 
     home dialysis services by Medicare beneficiaries.
     S. 1788, as reported
       Updates the rate for services furnished after October 1, 
     2000 by 2.0%.
     Agreement
       The agreement includes the House provision.


 Sec. 223. Implementation of the Inherent Reasonableness (IR) Authority

     Current law
       The Secretary has the authority to modify payment rates for 
     Part B services (other than physicians services) if such 
     rates (as determined by prevailing payment methodologies) are 
     ``grossly excessive or grossly deficient'' and therefore 
     inherently unreasonable. The Secretary is required, by 
     regulation, to describe the factors to be used in making 
     inherent reasonableness determinations. Interim final 
     regulations describing such factors were issued January 7, 
     1998.
     H.R. 3075, as passed
       Prohibits the Secretary from exercising inherent 
     reasonableness authority until after the Secretary has issued 
     final rule-making. Specifies that final rule-making must be 
     preceded by new proposed rule-making and a minimum 60-day 
     public comment period.
     S. 1788, as reported
       Prohibits the Secretary from using inherent reasonableness 
     authority until 90 days after the GAO issues a report 
     regarding this issue.
     Agreement
       The agreement includes the House and Senate provisions with 
     modifications to prohibit the Secretary from using inherent 
     reasonableness authority until after (1) the GAO releases a 
     report regarding the Secretary's recent use of the authority; 
     and (2) the Secretary has published a notice of final 
     rulemaking in the Federal Register that responds to the GAO 
     report and to comments received in response to the 
     Secretary's interim final regulation published January 7, 
     1998. In promulgating the final regulation, the Secretary is 
     required to (1) reevaluate the appropriateness of the 
     criteria included in the interim 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 the authority. The parties to the 
     agreement believe that the inherent reasonableness authority 
     provided by section 1842(b) should be administered 
     judiciously and applied only after public concerns and 
     suggestions about proposed administrative criteria have been 
     openly addressed. Also, the rules should include an 
     explanation of the Secretary's costing methodology which 
     should be based on statistically reliable and relevant data.


            Sec. 224. Increase Reimbursement for Pap Smears

     Current law
       Medicare pays for Pap smears under the clinical laboratory 
     fee schedule.

[[Page H12532]]

     H.R. 3075, as passed
       Sets the minimum payment for the test component of a Pap 
     smear at $14.60. Expresses Sense of Congress that HCFA should 
     institute appropriate increases for new cervical cancer 
     screening technologies approved by the FDA.
     S. 1788, as reported
       Similar payment provision, but does not include the 
     language relating to the sense of Congress.
     Agreement
       The agreement includes the House provision.


    Sec. 225. Refinement of Ambulance Services Demonstration Project

     Current law
       BBA 97 authorized a demonstration project under which a 
     unit of local government could enter into a contract with the 
     Secretary to furnish ambulance services for individuals 
     living in the local government unit. Capitated payments in 
     the first year are to equal 95% of the amount which would 
     otherwise be payable. Requires on a capitated basis the 
     Secretary to publish a request for proposals for the project 
     by July 1, 2000. Specifies that the capitation rate is to be 
     based on the most current data and that the aggregate 
     payments do not exceed what would otherwise be paid.
     H.R. 3075, as passed
       Requires the Secretary to publish a request for proposals 
     for the project by July 1, 2000. Specifies that the 
     capitation rate is to be based on the most current data and 
     that the aggregate payments do not exceed what would 
     otherwise be paid.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


    Sec. 226. Phase-in of PPS for Ambulatory Surgical Centers (ASC)

     Current law
       Medicare payments for services in ASCs have been based on a 
     fee schedule (a form of PPS) since such services were first 
     covered by Medicare in 1982. On June 12, 1998, HCFA published 
     proposed rules rebasing, regrouping, and revising ASC rates 
     which are to be implemented with the hospital outpatient PPS. 
     These new rates are based on 1994 survey data.
     H.R. 3075, as passed
       For ASC rates based on pre-1999 survey data, requires the 
     new rates to be phased in over a period of at least three 
     years. In the first year, new payment rates cannot exceed \1/
     3\ of the payment totals made to an ASC; in the second year, 
     new payment rates cannot exceed \2/3\ of the payment totals 
     made to an ASC.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement note that the data upon which HCFA's proposed 
     payment system is based was collected in 1994 and that 
     there have been substantial changes in costs and 
     technologies associated with these procedures since that 
     time. In addition, the parties to the agreement note that 
     HCFA is now completing a new cost survey intended to yield 
     more reliable information and encourages the Secretary to 
     obtain adequate cost data for rate setting. Should HCFA 
     move forward with its new payment policy, this provision 
     will ensure that the Agency has the flexibility necessary 
     to implement the new ASC system over a period of three 
     years or longer.


  Sec. 227. Extension of Medicare Benefits for Immunosuppressive Drugs

     Current law
       Medicare pays for drugs used in immunosuppressive therapy 
     during the first 36 months following a Medicare covered organ 
     transplant.
     H.R. 3075, as passed
       Requires the Secretary to provide for an extension of the 
     36-month time period. Prohibits any extension after September 
     30, 2004. Permits the Secretary to limit (or provide priority 
     in) eligibility to those persons who because of income or 
     other factors would be less likely to continue the regimen in 
     the absence of the extension. Limits total expenditures under 
     the extension to $40 million in FY2000 and $200 million 
     overall. Requires a report on the operation of the extension.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with amendments. 
     The extension would apply to beneficiaries whose benefits 
     under current law expire during the 5-year period beginning 
     January 1, 2000 and ending December 31, 2004. Beneficiaries 
     who current law benefits are set to expire in 2000 would be 
     provided an additional eight months of coverage. Those whose 
     benefits are set to expire in calendar year 2001 would 
     receive a minimum of eight months of additional coverage. 
     Beginning in 2001, the Secretary would be required to compute 
     and specify in May what period of such additional months 
     (which may be portions of months) qualifying beneficiaries 
     would receive in the following year. In May 2001, the 
     Secretary could also extend the period of coverage provided 
     in statute for 2001, if her actuarial estimates supported 
     such an extension. The Secretary is required to compute 
     additional months of coverage in such a manner as to limit 
     total expenditures for the extension to $150 million over the 
     5-year period. The Secretary would be required to adjust the 
     number of additional months of coverage specified for each 
     year beginning in 2001 and ending 2004 to the extent 
     necessary to take into account differences between actual and 
     estimated expenditures and to assure compliance with the 
     limitation on spending for the extension. The Secretary's 
     computations for any given year is to be based on the best 
     data available to her at the time of computation in the 
     preceeding May. The additional months of coverage established 
     for a given year would apply to an individual who exhausts 
     their 36-month period of coverage during that year. The 
     Secretary's report on the extension would be due March 1, 
     2003.


  Sec. 228. Temporary Increase in Payment Amount for Durable Medical 
                       Equipment (DME) and Oxygen

     Current law
       The DME fee schedules are updated annually by the CPI-U; 
     BBA 97 eliminated the updates for 1998 through 2002.
     H.R. 3075, as passed
       Provides an update to the DME payments in 2001 and 2002 by 
     the CPI minus 2 percentage points, for the 12-month period 
     ending with June of the previous year.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision, with a 
     modification to provide temporary adjustments to the DME fee 
     schedule payments equaling 0.3 percent in FY 2001 and 0.6 
     percent in FY 2002. The Secretary is prohibited from 
     including the additional payments for FY 2001 and 2002 in 
     updates for future years.


                     Sec. 229. Studies and Reports

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the following studies: (1) MedPAC study on cost-
     effectiveness of covering services of a post-surgical 
     recovery center (that provides an intermediate level of 
     recovery care following surgery); (2) AHCPR study comparing 
     differences in the quality of ultrasound and other imaging 
     services provided by credentialed individuals versus those 
     provided by non-credentialed individuals; (3) MedPAC 
     comprehensive study of the regulatory burdens placed on all 
     classes of providers under fee-for-service Medicare and the 
     associated costs; and (4) GAO monitoring of Department of 
     Justice application of guidelines on use of False Claims Act 
     in civil health care matters.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement are concerned that federal regulations 
     governing health care providers participating in the Medicare 
     program are overly complex and administratively burdensome. 
     Therefore, the parties direct MedPAC to conduct 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. The purpose of the study is to 
     determine the costs these burdens impose on the nation's 
     health care system and the impact on patients and providers, 
     and their ability to deliver cost-effective quality care to 
     Medicare beneficiaries.
       The parties to the agreement note that the Congress has 
     expressed concern regarding the application of the False 
     Claims Act (FCA) to Medicare billing errors that are the 
     result of a complex regulatory system. The Department of 
     Justice issued written guidance (``Guidance'') to the United 
     States Attorneys on the appropriate use of the FCA in health 
     care investigations. In 1998, the Congress directed the 
     General Accounting Office (GAO) to monitor the implementation 
     of and compliance with the ``Guidance'' and report to 
     Congress. The provision directs the GAO to continue its 
     monitoring of the issue.
       The parties to the agreement request that AHCPR focus its 
     report on the role and the value of credentialing. In 
     designing the study, the Administrator should consult with 
     groups with expertise in ultrasound procedures, including the 
     Society of Diagnostic Medical Sonographers, the Society of 
     Vascular Technology, the American Society of Echocardiography 
     and the American Registry of Diagnostic Medical Sonographers.

            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

     Current law
       Home health agency workers are required to collect clinical 
     and social data on new home health patients using the 
     standard Outcome and Assessment Information Set (OASIS) data 
     collection instrument.
     H.R. 3075, as passed
       Authorizes payments to home health agencies of $10 for each 
     beneficiary served during

[[Page H12533]]

     a cost reporting period beginning in FY 2000. By April 1, 
     2000, the Secretary shall pay an estimated 50% of the 
     aggregate annual amount. The payments are to be made from the 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund as determined appropriate by the 
     Secretary. Requires the GAO to report to Congress within 180 
     days of enactment on the cost of OASIS data collection and 
     the effects on patient privacy. Requires the GAO to perform 
     an audit of the costs of OASIS and report to Congress 180 
     days after the first cost and privacy report.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


Sec. 302. Delay in Application of 15 Percent Reduction in Payment Rates 
     for Home Health Services Until 1 year after Implementation of 
                    Prospective Payment System (PPS)

     Current law
       PPS is to be designed to reduce Medicare payments to home 
     health agencies by 15% from pre-PPS payments; if PPS is not 
     implemented by October 1, 2000, payment limits per visit and 
     per beneficiary are to be reduced by 15%.
     H.R. 3075, as passed
       Delays the 15% reduction in home health payments under the 
     PPS until 12 months after implementation of the PPS. Total 
     Medicare payments to home health agencies in the first year 
     of the PPS shall be the same in total as would have been paid 
     had the PPS not been in effect. The 15% reduction to begin 12 
     months after the start of the PPS shall be applied to the 
     level of total payments in FY 2001 with updates. Within 6 
     months of implementation of the PPS, the Secretary shall 
     report to Congress on the need for the 15% or other 
     reduction.
     S. 1788, as reported
       Repeals the 15% reduction to the interim cost limits if PPS 
     is not ready for implementation on October 1, 2000. Phases in 
     the 15% reduction under the PPS by 5% over 3 years, starting 
     in FY 2001.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement encourage the Secretary to consider what 
     changes would be necessary to provide home health care 
     agencies with the flexibility to adopt new market innovations 
     and new technologies that can improve health outcomes while 
     maintaining the goals of quality of care and cost 
     containment. The parties to the agreement also encourage the 
     Secretary to eliminate barriers to the use of branch offices, 
     by allowing the use of technology for means of supervision 
     and oversight by the parent agency. The adequate level of 
     onsite supervision from the parent agency should be 
     determined based on quality outcomes.


              Sec. 303. Increase in Per Beneficiary Limits

     Current law
       Under the home health care interim payment system 
     established in BBA 97, aggregate payments to home health 
     agencies are computed using the least of reasonable costs, 
     payments based on per visit limits (applied in the 
     aggregate), or payments based on an average payment per 
     beneficiary in FY 1994, with certain updates, applied in the 
     aggregate. No limit applies to individual beneficiaries.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Increases agency per beneficiary limits by 1% starting in 
     October 1, 1999. The increase does not affect per visit 
     limits and is not included in the payment base for 
     establishing the PPS.
     Agreement
       The agreement includes the Senate provision with an 
     amendment to raise the increase in per beneficiary limits for 
     cost reporting periods beginning during or after FY 2000 by 
     2% for home health agencies with per beneficiary limits below 
     the national median per beneficiary limit for agencies with 
     cost reporting periods starting during or before FY 1994. 
     This increase will not be included in the base on which 
     payments under the home health PPS are determined.


          Sec. 304. Clarification of Surety Bond Requirements

     Current law
       Home health agencies must provide the Secretary on a 
     continuing basis with a surety bond that is not less than 
     $50,000. HCFA regulations require the bond to be not less 
     than 15% of the agency's Medicare payments in the previous 
     year.
     H.R. 3075, as passed
       Establishes the lesser of $50,000 or 10% of the agency's 
     Medicare payments in the previous year as the annual amount 
     of an agency's surety bond requirement. Requires the bond to 
     be in effect for 4 years, or longer if agency ownership 
     changes; prior periods covered by a bond may be counted. 
     Coordinates Medicare and Medicaid surety bonds.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement encourage the Secretary to provide home health 
     agencies with the opportunity to repay overpayments (due to 
     incorrect interim payment system estimates) over a three-year 
     period without interest costs.


    Sec. 305. Refinement of Home Health Agency Consolidated Billing

     Current law
       When the home health PPS is implemented, home health 
     agencies will be responsible for billing Medicare and paying 
     all other providers for services supplied on behalf of 
     individual home health beneficiaries.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Excludes durable medical equipment, including oxygen and 
     oxygen supplies, from the consolidated billing requirement.
     Agreement
       The agreement includes the Senate provision.


   Sec. 306. Technical Amendment Clarifying Applicable Market Basket 
             Increase for Prospective Payment System (PPS)

     Current law
       When the home health PPS is in effect, the payments are to 
     be updated in FY 2002 ``or'' 2003 by the market basket minus 
     1.1 percentage points.
     H.R. 3075, as passed
       Clarifies that the PPS market basket increase minus 1.1 
     percentage points applies to FY 2002 and FY 2003.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


Sec. 307. Study and Report to Congress Regarding the Exemption of Rural 
Agencies and Populations from Inclusion in the Home Health Prospective 
                          Payment System (PPS)

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires MedPAC to report to Congress within 2 years on the 
     feasibility and advisability of exempting rural home health 
     agencies or services to individuals residing in rural areas 
     from the home health PPS.
     Agreement
       The agreement includes the Senate provision.

             Subtitle B--Direct Graduate Medical Education


  Sec. 311. Use of National Average Payment Methodology in Computing 
               Direct Graduate Medical Education Payments

     Current law
       Medicare pays hospitals for its share of direct graduate 
     medical education (DGME) costs in approved training programs 
     using a hospital-specific historic cost per resident, updated 
     for inflation and multiplied by a hospital's number of full-
     time equivalent (FTE) residents.
     H.R. 3075, as passed
       Establishes a national average per resident payment amount, 
     adjusted for differences in area wages, starting on or after 
     October 1, 2000. Hospitals would receive the greater of the 
     national average per resident amount or a blended amount of 
     the hospital-specific amount and the national average amount 
     for a transition period for cost reporting periods on or 
     after October 1, 2000 and before October 1, 2004. For cost 
     reports starting on or after October 1, 2004, teaching 
     hospitals would receive Medicare's share of a wage-adjusted 
     national average per resident amount. The national per 
     resident amount would be calculated using each hospital's 
     combined primary care and non-primary care per resident 
     amount, weighted by the number of full time equivalent 
     residents in each hospital with an approved program, and 
     standardized for differences in area wages. The amount would 
     be calculated with data from cost reporting periods ending 
     during FY 1997 updated by the CPI to the midpoint of the FY 
     2001 cost reporting period. Subsequent updates would be based 
     on the CPI. During the transition period, a hospital with a 
     wage index of less than 1.00 would not have its payment based 
     on the national average adjusted by its area wage index.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with amendments. 
     This provision establishes a direct graduate medical 
     education payment methodology based on the national average 
     per resident amount modified by the geographic adjustment 
     factor (GAF) used to adjust physician payments, that is the 
     weighted average of the three geographic practice cost 
     indices (GPCIs) weighted by the national average percentage 
     as published in the Federal Register on October 31, 1997. A 
     national average per resident payment amount, based on FY 
     1997 data, would be calculated from each hospital's combined 
     primary care and non-primary care per resident amounts and 
     would be standardized by the average of the three geographic 
     index values (weighted by the national average weight for 
     each of the work, practice expense, and malpractice 
     components) as applied for 1999 in

[[Page H12534]]

     the fee schedule in which the hospital is located. The 
     national average per resident amount, standardized for 
     locality, would be calculated using each hospital's amount 
     weighted by the number of FTE residents and would be updated 
     to FY 2001 by the consumer price index for urban areas (CPI).
       Beginning during FY 2001, a lower bound would be calculated 
     at 70% of the locality-adjusted, or standardized, national 
     average per resident amount. An upper bound of 140% of the 
     locality-adjusted national average per resident amount also 
     would be calculated. Each hospital's FY 2001 per resident 
     amount would then be compared to the upper and lower bounds 
     adjusted by the GAF for the locality in which the hospital is 
     situated. Hospitals with per resident amounts below 70% of 
     the locality-adjusted threshold would have their per resident 
     amounts increased to the 70% locality-adjusted threshold. 
     Hospitals with per resident amounts that exceed 140% of their 
     locality-adjusted upper bound would receive no update to 
     their per resident amounts for two years (FY 2001 and FY 
     2002), and would receive updates of CPI minus two percentage 
     points (but not below zero) for three years (FY 2003, FY 2004 
     and FY 2005). Hospitals with per resident amounts within the 
     locality-adjusted boundaries of 70% and 140% would 
     continue to be paid portions of their per resident amounts 
     and would receive updates for inflation.
       The parties to the agreement concur that the GAF seems to 
     be an appropriate measure for adjusting per resident payment 
     amounts, and represents an initial attempt to adjust for 
     differences among geographic areas in the costs related to 
     physician training. The parties to the agreement request that 
     MedPAC study the use of the GAF for this purpose and, if 
     appropriate, make recommendations by March 2002 on the 
     development of a more sophisticated or refined index to 
     adjust payment amounts for physician training.


   Sec. 312. Initial Residency Period for Child Neurology Residency 
                           Training Programs

     Current law
       Each full-time intern and resident is counted as a 1.0 full 
     time equivalent (FTE) resident during the initial residency 
     period. After the initial residency period, a full-time 
     resident can be counted only as 0.5 FTE for Medicare's direct 
     graduate medical education payment. Generally, the initial 
     residency period is the minimum number of years in which a 
     resident must train to be eligible for certification in a 
     medical specialty as listed in the American Medical 
     Association's (AMA) Graduate Medical Education Directory. 
     With a combined primary care specialty program, such as 
     internal medicine-pediatrics, the initial residency period is 
     defined as the minimum number of years for the longer of the 
     two programs, plus one additional year. However, with a 
     combined program where one of the programs is not primary 
     care, then the initial residency period is based on the 
     minimum years to qualify for the longer of the composite 
     programs.
     H.R. 3075, as passed
       Establishes a 3-year period where an individual in a child 
     neurology residency program shall be treated as part of the 
     initial residency period and shall not be counted against any 
     limitation of the initial residency period.
       Requires MedPAC to include in its March 2001 report to 
     Congress a recommendation on whether the initial residency 
     period for other combined residency training programs should 
     be extended.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with amendment. 
     A resident enrolled in a child neurology residency training 
     program would have a period of board eligibility and initial 
     residency of the board eligibility for pediatrics plus 2 
     years. This provision would be effective on or after July 1, 
     2000 to residency programs that began before, on, or after 
     the enactment of this division.
       MedPAC would be required to include in its March 2001 
     report to Congress a recommendation on whether the initial 
     residency period for other combined residency training 
     programs should be extended.


                  Sec. 321. BBA Technical Corrections

     H.R. 3075, as passed
       Includes various technical corrections to the Balanced 
     Budget Act of 1997.
     S. 1788, as reported
       Includes various technical corrections to the Balanced 
     Budget Act of 1997.
     Agreement
       The agreement includes amendments to Medicare law that are 
     needed as a result of the Balanced Budget Act of 1997.

                  TITLE IV--RURAL PROVIDER PROVISIONS

                      Subtitle A--Rural Hospitals


  Sec. 401. Permitting Reclassification of Certain Urban Hospitals as 
                            Rural Hospitals

     Current law
       Medicare's inpatient hospital PPS payments vary by urban/
     rural classification and the geographic area where a hospital 
     is located or to which a hospital is reassigned. Several 
     mechanisms within the Medicare program permit hospitals that 
     meet certain criteria to apply to the Secretary to change 
     their geographic designation.
     H.R. 3075, as passed
       Instructs the Secretary to treat certain urban hospitals as 
     rural hospitals no later than 60 days after their application 
     for such treatment if the hospitals: (1) are located in a 
     rural census tract of a Metropolitan Statistical Area (as 
     determined by the Goldsmith Modification published in the 
     Federal Register on February 27, 1992); (2) are located in an 
     area designated by State law or regulation as a rural area or 
     designated by the State as rural providers; or (3) meet other 
     criteria as the Secretary specifies. Permits otherwise 
     qualifying urban hospitals to be classified as sole 
     community hospitals, regional referral centers, rural 
     referral centers, or national referral centers. Extends 
     this rural designation for use in outpatient PPS. Updates 
     other federal criteria used to designate rural providers.
       Provides that a hospital in an urban area may apply to the 
     Secretary to be treated as if the hospital were located in a 
     rural area of the State in which the hospital is located. 
     Hospitals qualifying under this section shall be eligible to 
     qualify for all categories and designations available to 
     rural hospitals, including sole community, Medicare 
     dependent, critical access, and referral centers. 
     Additionally, qualifying hospitals shall be eligible to apply 
     to the Medicare Geographic Reclassification Review Board for 
     geographic reclassification to another area. The Board shall 
     regard such hospitals as rural and as entitled to the 
     exceptions extended to referral centers and sole community 
     hospitals, if such hospitals are so designated.
     S. 1788, as reported
       Provides alternative federal criteria to designate 
     providers as rural.
     Agreement
       The agreement includes the House provision with 
     clarification that the most recent Goldsmith Modification 
     will be used.


 Sec. 402. Update of Standards Applied for Geographic Reclassification 
                         for Certain Hospitals

     Current law
       Section 1886(d)(8)(B) of the Social Security Act requires 
     the Secretary to treat a hospital located in a rural county 
     adjacent to one or more urban areas as being located in the 
     urban Metropolitan Statistical Area (MSA) to which the 
     greatest number of rural workers commute if the rural 
     county's aggregate commuting rate (to all the contiguous 
     MSAs) meets the standards for designating outlier counties to 
     MSAs (and New England County Metropolitan Statistical Areas) 
     that were published in the Federal Register on January 3, 
     1980.
     H.R. 3075, as passed
       Updates the standards which are used to classify hospitals 
     located between two Metropolitan Statistical Areas (MSAs) 
     from 1980 to 1990 census data and then to the most recently 
     available decennial population data for FY 2003 and 
     subsequent years. For FY 2000, the 1980 census data would be 
     used. A transition is provided for discharges occurring 
     during cost report periods during FY 2001 and 2002 for 
     hospitals to choose between the standards published in 1980 
     and 1990. Beginning with cost reporting periods during FY 
     2003, standards would be based on the most recent decennial 
     population data published by the Bureau of the Census as 
     revised by the Office of Management and Budget. This 
     provision is effective with discharges occurring during cost 
     reporting periods beginning on or after October 1, 1999.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement believe that a transition period for hospitals 
     that might be negatively affected by the change in the 
     standard is appropriate.


  Sec. 403. Improvements in the Critical Access Hospital (CAH) Program

     Current law
       BBA 97 established criteria for a small, rural, limited 
     service hospital to be designated as a critical access 
     hospital (CAH). These are geographically remote, rural 
     nonprofit or public hospitals that are certified by the state 
     as a necessary provider and have hospital stays of no more 
     than 96 hours except under certain circumstances.
     H.R. 3075, as passed
       Applies the 96-hour length of stay limitation on an average 
     annual basis. Permits for-profit hospitals and hospitals that 
     have closed within the past 10 years to be CAHs. Permits 
     States to designate a facility as a CAH if the facility: (1) 
     was a hospital that ceased operations on or after 10 years 
     before enactment of this legislation; (2) is a State-licensed 
     health clinic or health center; (3) was a hospital that was 
     downsized to a health clinic or health center; and (4) meets 
     the criteria for designation as a CAH. Permits CAHs to elect 
     either a cost-based hospital outpatient service payment plus 
     a fee schedule payment for professional services or an all-
     inclusive rate. Eliminates coinsurance for clinical 
     laboratory tests. Clarifies CAH's ability to participate in 
     the swing bed program.
     S. 1788, as reported
       Applies the 96-hour length of stay limitation on an average 
     annual basis.
     Agreement
       The agreement includes the House provision.

[[Page H12535]]

Sec. 404. 5-Year Extension of Medicare Dependent Hospital (MDH) Program

     Current law
       Medicare dependent hospitals (MDH) are small rural 
     hospitals, not classified as sole community hospitals, that 
     treat relatively high proportions of Medicare patients. BBA 
     97 reinstated and extended the MDH program to FY 2001.
     H.R. 3075, as passed
       Extends the Medicare Dependent Hospital program through FY 
     2006.
     S. 1788, as reported
       Authorizes Medicare Dependent Hospitals to receive the 
     market basket update in FY 2000 and subsequent years.
       Extends the Medicare Dependent Hospital program through FY 
     2003.
     Agreement
       The agreement includes the House provision.


        Sec. 405. Rebasing for Certain Sole Community Hospitals

     Current law
       Sole community hospitals are paid based on whichever of the 
     following amounts yields the greatest Medicare reimbursement: 
     (1) a hospital-specific amount based on its updated FY 1982 
     costs; (2) a hospital-specific amount based on its updated FY 
     1987 costs; or (3) the federal amount.
     H.R. 3075, as passed
       Permits sole community hospitals that are now paid the 
     federal rate to transition over time to Medicare payment 
     based on their FY 1996 costs.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


      Sec. 406. One-Year Sole Community Hospital Payment Increase

     Current law
       Sole community hospitals are paid based on whichever of the 
     following amounts yields the greatest Medicare reimbursement: 
     (1) a hospital-specific amount based on its updated FY 1982 
     costs; (2) a hospital-specific amount based on its updated FY 
     1987 costs; or (3) the federal amount.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Provides for market basket update for sole community 
     hospitals and Medicare Dependent Hospitals in FY 2000 and 
     subsequent years.
     Agreement
       The agreement includes the Senate provision with 
     modifications. Sole community hospitals will receive a market 
     basket update for one year only for discharges occurring in 
     FY 2001.


    Sec. 407. Increased Flexibility in Providing Graduate Physician 
                   Training in Rural and Other Areas

     Current law
       BBA 97 limited the number of residents that a hospital may 
     count for graduate medical education (GME) to the number of 
     full-time equivalent residents recognized in the hospital's 
     most recent cost reporting period ending on or before 
     December 31, 1996.
     H.R. 3075, as passed
       Permits rural hospitals to increase their resident limits 
     by 30% for direct graduate medical education payments for 
     cost reporting periods starting on or after October 1, 1999 
     and indirect medical education payments for discharges 
     occurring on or after October 1, 1999.
       Permits non-rural facilities that operate separately 
     accredited rural training programs in underserved rural 
     areas, or that operate accredited training programs with 
     integrated rural tracks, to increase their resident limits 
     for purposes of calculating direct graduate medical education 
     payments effective for cost reporting periods starting on or 
     after October 1, 1999 and for indirect medical education 
     payments effective for discharges occurring on or after 
     October 1, 1999.
     S. 1788, as reported
       Expands the number of residents reimbursed by Medicare to 
     those appointed by the hospitals for periods ending on or 
     before December 31, 1996; allows hospitals with only one 
     residency program to increase their resident count by one per 
     year, up to a maximum of three; allows hospitals to count 
     residents associated with new training programs 
     established on or after January 1, 1995 and before 
     September 30, 1999; gives special consideration to 
     facilities that are not located in a rural area but have 
     established separately accredited rural training tracks.
       Provides an exception to the count of residents to include 
     those who participated in GME at a Veterans Affairs (VA) 
     facility and were subsequently transferred on or after 
     January 1, 1997 and before July 31, 1998 to the hospital 
     because the program would lose accreditation if residents 
     were trained at the VA facility. If the Secretary determines 
     that the hospital is owed retroactive payments, these 
     payments shall be made within 60 days of enactment.
     Agreement
       The agreement includes the House provision with amendment. 
     It would allow hospitals to increase the number of primary 
     care residents that it counts in the base year limit by up to 
     3 full-time equivalent residents if those individuals were on 
     maternity, disability, or a similar approved leave of 
     absence. The provision also permits non-rural facilities that 
     operate separately accredited rural training programs in 
     rural areas, or that operate accredited training programs 
     with integrated rural tracks, to receive direct graduate 
     medical education and indirect medical education payments for 
     cost reporting periods beginning on of after April 1, 2000 
     and for discharges occurring on or after April 1, 2000. In 
     addition, the agreement includes the Senate provision 
     regarding an exception to the count of residents to include 
     those who participated in GME at a Veterans Affairs (VA) 
     facility and were subsequently transferred.


Sec. 408. Elimination of Certain Restrictions with Respect to Hospital 
                           Swing Bed Program

     Current law
       Medicare permits certain rural hospitals with fewer than 50 
     beds to use their inpatient facilities, as necessary, to 
     furnish long-term care services. Rural hospitals with less 
     than 100 beds can operate swing beds under certain 
     circumstances.
     H.R. 3075, as passed
       Eliminates requirement that States review the need for 
     swing beds through the Certificate of Need (CON) process. 
     Constraints on length of stay are also eliminated.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


 Sec. 409. Grant Program for Rural Hospital Transition to Prospective 
                                Payment

     Current law
       BBA 97 replaced and modified the existing Essential Access 
     Community Hospital (EACH) program. The Secretary was 
     authorized to award grants for certain limited purposes.
     H.R. 3075, as passed
       Permits rural hospitals with fewer than 50 beds to apply 
     for grants not to exceed $50,000 for meeting the costs of 
     implementing data systems required to meet BBA 97 amendments. 
     A hospital receiving a grant may use the funds for the 
     purchase of computer software and hardware, for the education 
     and training of hospital staff, and costs related to the 
     implementation of PPS systems. Requires the Secretary to 
     report to Congressional committees at least annually on the 
     grant program including the number of grants, the nature of 
     projects that are funded, the geographic distribution of the 
     grant recipients, and other matters that are deemed 
     appropriate. Requires the Secretary to submit a final report 
     no later than 180 days after the completion of all projects 
     funded by such grants.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


           Sec. 410. GAO Study on Geographic Reclassification

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the GAO to submit a report to Congress no later 
     than 18 months after enactment on the current laws and 
     regulations for geographic reclassification of hospitals 
     under Medicare. The purpose of the GAO study is to determine 
     the need for geographic reclassification, whether 
     reclassification is appropriate for the application of wage 
     indices, and whether reclassification results in more 
     accurate payments to all hospitals. The study shall evaluate: 
     (1) the magnitude of the effect of geographic 
     reclassification on rural hospitals that do not reclassify; 
     (2) whether the current thresholds used in geographic 
     reclassification assign hospitals to appropriate labor 
     markets; (3) the effect of eliminating geographic 
     reclassification through the use of data on occupational mix; 
     (4) the group reclassification process; (5) changes in the 
     number of reclassifications and the compositions of the 
     groups; (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 
     wage data reported by hospitals.
     S. 1788, as reported
       Requires the Secretary, in consultation with the Medicare 
     Geographic Classification Review Board, to conduct a study to 
     determine whether acute hospital PPS payment rates are an 
     adequate proxy for the costs of inpatient hospital services 
     and whether the standard for county-wide geographic 
     reclassification needs to be updated or revised.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement note that in recent years the geographic 
     reclassification process and the increasing number of special 
     designations for groups of hospitals have resulted in a 
     system that is administratively cumbersome. In addition, the 
     system, which relies on exceptions and waivers, lacks 
     consistency and undermines the ability of hospitals to 
     implement long-term planning. Most hospitals are required to 
     reapply annually for geographic reclassification with no 
     certainty that they will receive the desired wage index or 
     standardized amount.
       The parties to the agreement expect the GAO study to assess 
     the background, rationale, and analytic justification for the 
     current

[[Page H12536]]

     rural definitions and exceptions process. The parties to the 
     agreement hope that this report will be an important tool in 
     helping the Congress craft a more objective and equitable 
     approach to Medicare payment for rural hospitals. This will 
     only become more critical as the Congress considers extending 
     geographic reclassification to other types of prospective 
     payment systems. The parties to the agreement specifically 
     ask the GAO to consider in its analysis whether the 
     geographic reclassification process should be extended to 
     other types of providers, particularly to skilled nursing 
     facilities.

                   Subtitle B--Other Rural Provisions


               Sec. 411. MedPAC Study of Rural Providers

     Current law
       No provision.
     H.R. 3075, as passed
       Requires MedPAC to conduct a study of rural providers, 
     evaluate the adequacy and appropriateness of the categories 
     of special Medicare payments (and payment methodologies) for 
     rural hospitals, and their impact on beneficiary access and 
     quality of health services. MedPAC shall submit its 
     recommendations to Congress no later than 18 months after the 
     date of enactment.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.


Sec. 412. Expansion of Access to Paramedic Intercept Services in Rural 
                                 Areas

     Current law
       BBA 97 authorized coverage of advanced life support (ALS) 
     services provided by a paramedic intercept service provider 
     in a rural area when medically necessary for the individual 
     being transported and provided under contract with one or 
     more qualified volunteer ambulance services. The volunteer 
     ambulance service is certified, provides only basic life 
     support services, and is prohibited by State law from billing 
     for any services. The entity supplying the advanced life 
     support services is Medicare-certified and bills all 
     recipients who receive ALS services, regardless of whether 
     the recipients are Medicare-eligible.
     H.R. 3075, as passed
       Expands the areas to be treated as rural areas to include 
     those designated as rural areas by any State law or 
     regulation or those located in a rural census tract of a 
     Metropolitan Statistical Area (as determined under the 
     Goldsmith Modification, published in the Federal Register on 
     February 27, 1992).
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with 
     modification to clarify that the most recent Goldsmith 
     Modification should be used. The parties to the agreement 
     believe that a State-determined designation of a rural area 
     or an area located in a rural census tract of a Metropolitan 
     Statistical Area should be acceptable for purposes of 
     expanding access to paramedic intercept services.


Sec. 413. Promoting Prompt Implementation of Informatics, Telemedicine, 
                  and Education Demonstration Project

     Current law
       BBA 97 authorized Medicare payment for professional 
     consultations via telecommunications systems to beneficiaries 
     residing in rural areas designated as health professional 
     shortage areas (HPSA). HPSAs encompass either a full county 
     or part of a county. BBA 97 also authorized a telehealth 
     demonstration project for beneficiaries with diabetes 
     mellitus in medically underserved rural or inner-city 
     areas.
     H.R. 3075, as passed
       Requires the Secretary to award without additional review 
     the diabetes mellitus demonstration project no later than 3 
     months after enactment to the best technical proposal as of 
     the bill's enactment date. Clarifies that qualified medically 
     underserved rural or urban inner-city areas are federally-
     designated medically underserved areas or HPSAs at the time 
     of enrollment in the project. Changes the project's data 
     requirements. Limits beneficiary cost sharing.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.

 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

     Current law
       Beneficiaries enrolled in a Medicare+Choice (M+C) plan that 
     terminates its contract with HCFA are guaranteed access to 
     certain Medicare supplemental insurance policies (i.e. 
     ``Medigap'' policies) offered in their area of residence if 
     they sign up within 63 days of their Medicare+Choice plan 
     termination.
       In addition, beneficiaries, at their election, may enroll 
     or disenroll from a M+C plan offered in their area any time 
     during the year. Beginning in 2002, however, beneficiaries 
     generally will be able to enroll in a M+C plan or change 
     plans only during an annual, month-long, open enrollment 
     period.
       If a M+C plan withdrawals from a M+C payment area 
     (typically a county), enrollees who reside in that county may 
     only elect to retain their enrollment in the plan (and travel 
     to neighboring counties to obtain covered services) in 
     certain circumstances.
     H.R. 3075, as passed
       Specifies that an individual who is enrolled in a M+C plan 
     that announces its intention to withdrawal from the M+C 
     program may elect to exercise their guaranteed issue rights 
     with (respect to obtaining a Medicare supplemental insurance 
     policy) within 63 days of being notified of the plan's 
     intention to terminate.
       Permits continuous open enrollment in M+C plans after 2002 
     for institutionalized beneficiaries. Permits a plan leaving a 
     M+C payment area (typically a county) to offer enrollees in 
     that county the option of continuing enrollment in the plan, 
     so long as they agree to obtain all basic services through 
     plan providers located in other counties.
     S. 1788, as reported
       Similar provision regarding Medigap special election 
     period.
     Agreement
       The agreement includes the House provision with a 
     modification clarifying that the continuous open enrollment 
     provisions for the institutionalized only permit enrollment 
     in a M+C plan or changing from one M+C plan to another.


    Sec. 502. Change in Effective Date of Elections and Changes of 
                   Elections of Medicare+Choice Plans

     Current law
       Medicare+Choice plan enrollees may elect to disenroll from 
     their M+C plan at any time, and either switch to another M+C 
     plan offered in their area or elect to obtain benefits 
     through the fee-for-service Medicare program. Beginning in 
     2002, generally enrollees will be only be able to change 
     coverage options once a year.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Specifies that any request to enroll in or disenroll from a 
     M+C plan made after the 10th of the month will not be 
     effective until the first day of the second calendar month 
     thereafter.
     Agreement
       The agreement includes the Senate provision.


         Sec. 503. 2-Year Extension of Medicare Cost Contracts

     Current law
       Prior to enactment of BBA 97, beneficiaries were able to 
     enroll in organizations with cost contracts. BBA 97 specified 
     that cost-based contracts could not be renewed after December 
     31, 2002.
     H.R. 3075, as passed
       Extends the cost contract program through 2004.
     S. 1788, as reported
       Similar provision. However, after December 31, 2003, no new 
     persons could enroll in a plan.
     Agreement
       The agreement includes the House provision.

      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

     Current law
       Currently, M+C payments to plans are adjusted using only 
     demographic factors, including age, gender, coverage by 
     Medicaid, institutionalized status, and working status. The 
     law requires implementation of a risk adjustment payment 
     methodology based on health status, effective January 1, 
     2000.
       The Secretary has proposed use of the principal inpatient 
     diagnostic cost groups (PIP-DCG) method of risk adjustment, 
     which is based on diagnoses of beneficiaries with an 
     inpatient hospitalization as well as demographic 
     characteristics.
       The Secretary has proposed a phase-in of the new risk 
     adjustment methodology by blending the current demographic 
     method with the new PIP-DCG method. The proposed phase-in 
     schedule would be:

------------------------------------------------------------------------
               Year                    Demographics         PIP-DCG
------------------------------------------------------------------------
2000..............................  90 percent.......  10 percent
2001..............................  70 percent.......  30 percent
2002..............................  45 percent.......  55 percent
2003..............................  20 percent.......  80 percent
------------------------------------------------------------------------

       A new comprehensive risk adjustment method based on 
     inpatient and other settings would be used beginning in 2004.
     H.R. 3075, as passed
       The phase-in schedule is modified as follows:

------------------------------------------------------------------------
               Year                    Demographic       Health status
------------------------------------------------------------------------
2000..............................  90 percent.......  10 percent
2001..............................  90 percent.......  10 percent
2002..............................  80 percent.......  20 percent
2003..............................  70 percent.......  30 percent
------------------------------------------------------------------------

       Beginning in 2004, M+C rates would be adjusted by a risk 
     adjuster based 100% on data from multiple settings.

[[Page H12537]]

     S. 1788, as reported
       The Senate phase-in would be identical to the House 
     provision from 2000 through 2003.
       In 2004, the risk adjuster would be 45% demographic/55% 
     health status based, with 67% of health status rate based on 
     data from inpatient settings and 33% based on data from 
     inpatient and other settings. In 2005, it would be 20% 
     demographic/80% health status based, with 33% of health 
     status rate based on data from inpatient settings and 67% on 
     data from inpatient and other settings. Beginning in 2006, 
     100% of the risk adjuster would be based health status data, 
     and be completely determined using data from inpatient and 
     other settings.
       Exempts frail elderly beneficiaries enrolled in EverCare 
     demonstration projects for the frail elderly from the new 
     risk adjustment system in 2000.
       Requires Secretary to: (a) conduct a study on the effects, 
     costs, and feasibility of requiring fee-for-service providers 
     and entities to comply with quality standards and related 
     reporting requirements which are comparable to those required 
     for M+C plans; and (b) study and report to Congress regarding 
     data submissions used to establish risk adjustment 
     methodology under M+C.
     Agreement
       The agreement includes the identical House/Senate 
     provisions for 2000-2002, only. The parties to the agreement 
     note that in 1997, when Congress required the Secretary to 
     develop a risk adjuster for Medicare+Choice plans, it was 
     concerned that those plans that treated the most severely ill 
     enrollees were not adequately paid. The Congress envisioned a 
     risk adjuster that would be more clinically-based than the 
     old method of adjusting payments. The Congress did not 
     instruct HCFA to implement the provision in a manner that 
     would reduce aggregate Medicare+Choice payments. In 
     addition, the Congressional Budget Office did not estimate 
     that the provision would reduce aggregate Medicare+Choice 
     payments. Consequently, the parties to the agreement urge 
     the Secretary to revise the regulations implementing the 
     risk adjuster so as to provide for more accurate payments, 
     without reducing overall Medicare+Choice payments.
       The parties to the agreement also note that as currently 
     designed, the proposed Medicare+Choice risk adjuster fails to 
     account for several unique aspects of Medicare's frail 
     elderly population. The parties to the agreement note that 
     the Secretary recently acknowledged her authority to address 
     this problem by waiving application of the risk adjuster 
     within the frail elderly demonstration project commonly known 
     as EverCare. The parties to the agreement note that the 
     Secretary will begin implementation of a multi-setting risk 
     adjuster for all enrollees in 2004, and that such a risk 
     adjuster should be designed to better predict the unique 
     costs associated with caring for frail elderly beneficiaries. 
     Consequently, the parties to the agreement encourage the 
     Secretary to consider her ability to waive the application of 
     the new risk adjuster to such beneficiaries until that time.
       The parties to the agreement also believe Medicare 
     enrollees with end-stage renal disease (ESRD) could benefit 
     by being offered the opportunity to enroll in Medicare+Choice 
     plans. However, the parties to the agreement understand that 
     the current risk adjuster may not adequately reflect the 
     varying costs of these patients and requests further 
     information from the Secretary so that it might address this 
     issue in the future. The parties to the agreement also 
     encourage the Secretary to develop proposed quality of care 
     requirements for Medicare beneficiaries with ESRD in this 
     report.
       The parties agreed to the Senate proposed study requiring 
     the Secretary to: (a) conduct a study on the effects, costs, 
     and feasibility of requiring fee-for-service providers and 
     entities to comply with quality standards and related 
     reporting requirements which are comparable to those required 
     for M+C plans; and (b) study and report to Congress regarding 
     data submission used to establish risk adjustment methodology 
     under M+C.


   Sec. 512. Encouraging Offering of Medicare+Choice Plans in Areas 
                             Without Plans

     Current law
       A M+C plan receives the M+C payment rate applicable to the 
     payment area (typically a county) in which the enrollee 
     resides, adjusted for risk. This rate is based on a formula 
     which assigns to the county the highest of three different 
     rates--a floor, a minimum update or a blended rate.
     H.R. 3075, as passed
       Would establish added bonus payments to encourage new M+C 
     plans to enter counties that would otherwise not have a plan 
     participating. The first plan to enter a previously unserved 
     county would receive a 5% added payment during their first 
     year and a 3% added payment during their second year.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. In some 
     counties, beneficiaries have access to only one Medicare 
     option: the fee-for-service Medicare program. The parties to 
     the agreement expect that this temporary enhancement of 
     payments will encourage new plans to enter areas without 
     Medicare+Choice options.


      Sec. 513. Modification of 5-Year Re-Entry Rule for Contract 
                              Terminations

     Current law
       The Secretary cannot enter into a M+C contract with a M+C 
     organization, if within the preceding 5 years, that 
     organization had a M+C contract which it did not renew. This 
     prohibition may be waived under special circumstances.
     H.R. 3075, as passed
       Allows, under certain circumstances, a plan to re-enter a 
     county if a legislative or regulatory change that would 
     increase M+C payments in the area occurred within 6 months of 
     the plan's notification to the Secretary of its intent to 
     terminate its M+C contract. Permits re-entry only if, at the 
     time it notified the Secretary, there is no more than one 
     other M+C plan offered in the area.
     S. 1788, as reported
       Reduces the exclusion period from 5 years to 2 years.
     Agreement
       The agreement includes the House and Senate provisions with 
     modifications. The parties recognize that some plans left the 
     Medicare+Choice program because of increased administrative 
     requirements and payment growth that was lower than expected. 
     Since this bill would make payment changes affecting 
     Medicare+Choice plans, this provision would provide an 
     opportunity for the plans to return to a county, and 
     therefore, increase options for beneficiaries.
       The general exclusion period is reduced from 5 to 2 years, 
     with specific exceptions permitted where there is a change in 
     payment policy. Further, nothing is to be construed as 
     affecting the authority of the Secretary to provide 
     additional exceptions, including those specified in 
     Operational Policy Letter Number 103.


 Sec. 514. Continued Computation and Publication of Medicare Original 
        Fee-for-Service Expenditures on a County-Specific Basis

     Current law
       The Secretary is required to announce each year the M+C 
     payment rates for each payment area, as well as risk and 
     other factors that are used in adjusting those payments. The 
     Secretary is not currently required to publish adjusted 
     annual per capita cost (AAPCC) data.
     H.R. 3075, as passed
       Requires the Secretary to continue to publish estimates of 
     adjusted annual per capita cost data (AAPCCs) for each M+C 
     payment area, which represent county-specific per capita fee-
     for-service expenditure information.
     S. 1788, as reported
       Requires Secretary to provide county-level data on fee-for-
     service spending.
     Agreement
       The agreement includes the Senate provision with 
     modifications to require the Secretary to publish for the 
     original Medicare fee-for-service program under Parts A and B 
     for each M+C payment area: 1) total expenditures per capita 
     separately for Parts A and B; 2) expenditures as in ``1'' 
     reduced by best estimates of expenditures (such as graduate 
     medical education and disproportionate share hospital 
     payments ) not related to payment of claims; 3) average risk 
     factors based on diagnoses reported for medicare inpatient 
     services; and 4) average risk factors based on diagnoses 
     reported for inpatient and other sites of service. The 
     Secretary is required to provide information for 1998 and 
     1999 in the 2001 report.


  Sec. 515. Flexibility to Tailor Benefits Under Medicare+Choice Plans

     Current law
       In general, M+C managed care plans offer benefits in 
     addition to those provided under Medicare's benefit package, 
     and may, subject to regulation, charge for these additional 
     benefits. Under current law, the monthly basic and 
     supplemental premiums and benefits cannot vary among 
     individuals enrolled in the plan.
     H.R. 3075, as passed
       Permits a M+C plan to waive part or all of a premium if the 
     M+C capitation rates the plan receives vary, so long as 
     premiums do not vary within payment areas.
     S. 1788, as reported
       Allows plans to vary premiums, benefits, and cost-sharing 
     across individuals enrolled in the plan so long as these are 
     uniform within a separate segment of a service area. A 
     segment would comprise one or more counties within the plan's 
     service area.
     Agreement
       The agreement includes the Senate provision. The parties to 
     the agreement are also concerned about allegations that some 
     Medicare beneficiaries enrolled in the Medicare+Choice 
     program are being denied certain Medicare-covered benefits. 
     It was the clear intent of Congress in passing the 
     Medicare+Choice program in BBA 97 that all beneficiaries 
     enrolled in Medicare+Choice plans should be guaranteed access 
     to all benefits covered by the traditional Medicare fee-for-
     service program. Therefore, the parties to the agreement 
     would like to clarify that, pursuant to this fundamental 
     requirement of the Balanced Budget Act of 1997, all Medicare 
     beneficiaries enrolled in a Medicare+Choice plan under Part C 
     are entitled to treatment by means of manual manipulation of 
     the spine to correct a subluxation.

[[Page H12538]]

 Sec. 516. Delay in Deadline for Submission of Adjusted Community Rates

     Current law
       BBA 97 required M+C plans to submit adjusted community rate 
     (ACR) proposals by May 1 of the previous calendar year. The 
     Secretary is required to make available, during the open 
     enrollment period, comparative information on plans.
     H.R. 3075, as passed
       Changes the date for ACR submission from May 1st to July 
     1st. Specifies that, the Secretary will provide information 
     to the extent it is available.
     S. 1788, as reported
       Similar provision. Also specifies that if a M+C 
     organization intends to terminate a contract, it must provide 
     notice to the Secretary 6 months in advance.
     Agreement
       The agreement includes the Senate provision with an 
     amendment which retains the current law provisions relating 
     to the information the Secretary is required to make 
     available during the open enrollment period, and which 
     reduces the required period of advance notification from 6 
     months to 4 months.
       Despite this change, the parties to the agreement note that 
     HCFA will know by mid-August of each year what the final plan 
     premiums and benefits will be for each Medicare+Choice 
     plan for the following calendar year. To help employers 
     who sponsor retiree health benefits coordinate their own 
     annual enrollment procedures, the parties to the agreement 
     urge the Secretary to make this information available to 
     such employers as soon as possible.


       Sec. 517. Reduction in Adjustment in National Per Capita 
               Medicare+Choice Growth Percentage for 2002

     Current law
       The M+C payment rate is based on a formula which gives the 
     payment area (generally a county) the highest of three 
     different rates--a floor, a minimum update, or a blended 
     rate. The blended capitation rates are subject to a budget 
     neutrality provision. Each year, the Secretary projects 
     national per capita growth rates in expenditures in fee-for-
     service Medicare. These projected rates are reduced by 0.8 
     percentage points for 1998, and by 0.5 percentage points 
     annually from 1999 through 2002 to determine the national M+C 
     growth percentage for that year. Growth rates are used to 
     update the floor and blend payments in the M+C payment rate 
     formula. Because the blend payments are subject to budget 
     neutrality, they may not always be fully funded; thus annual 
     increases in payment rates to these counties may be limited.
     H.R. 3075, as passed
       The provision would increase the national per capita M+C 
     growth rate by 0.2 percentage points in 2002, by replacing 
     the adjustment of -0.5 percentage points with -0.3 percentage 
     points. The adjustment would remain at 0 for a year after 
     2002.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision. The parties to 
     the agreement expect that the increase in payments that will 
     result from this provision will help to increase the number 
     of counties paid a blended capitation payment rate.


 Sec. 518. Deeming of Medicare+Choice Organization to Meet Requirements

     Current law
       A M+C organization is required to meet certain standards. 
     It is deemed to meet standards relating to quality assurance 
     and confidentiality of records if it is accredited by a 
     private organization that applies standards that are no less 
     strict than M+C standards.
     H.R. 3075, as passed
       Requires the Secretary, within 210 days of receiving an 
     application from a private accrediting organization, to 
     determine whether such organization's accreditation 
     procedures meet the requirements. If it does, the Secretary 
     would be required to deem a M+C organization accredited by 
     such accrediting entity as meeting the requirements relating 
     to quality assurance and confidentiality of records.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with amendments. 
     The Secretary would be required to recognize accreditation 
     with respect to M+C requirements relating to anti-
     discrimination, access to services, information on advance 
     directives, and provider participation. In approving 
     accrediting bodies for M+C program purposes, the Secretary 
     would be required to use the same basic organizational 
     criteria that are used to approve accrediting bodies who 
     survey hospitals under the fee-for-service program. The 
     agreement also clarifies that the accreditation bodies may 
     choose to deem M+C plans' compliance with one or more of the 
     specified requirements.
       This provision would clarify the deeming process so that it 
     is consistent with deeming in the Medicare fee-for-service 
     program. The provision puts in place incentives for M+C plans 
     to seek higher standards achievable through accreditation and 
     would reduce redundancy in the oversight process. This will 
     help ensure that improvements in the quality of care are made 
     available through M+C plans.
       Although accredited plans will be deemed to meet HCFA's 
     standards, the parties to the agreement note that HCFA will 
     continue to have broad authority to establish the actual 
     standards that the accrediting bodies enforce. Moreover, HCFA 
     continues to have broad authority to conduct independent 
     oversight activities with respect to plans and to respond to 
     any concerns beneficiaries may raise about a M+C plan. HCFA 
     will also be able to approve or disapprove of the deeming 
     process submitted by private accreditation bodies and 
     maintain its authority to review periodically an approved 
     accreditation body's standards and performance in the field. 
     Nevertheless, the parties to the agreement emphasize that the 
     intent of Congress in 1997 was clear that private 
     accreditation procedures should be utilized in the 
     Medicare+Choice program. The parties to the agreement's 
     intent in this regard has not changed. Consequently, the 
     parties to the agreement expect that the Secretary shall 
     recognize and utilize qualified accreditation entities that 
     have the ability to certify and enforce any of the 
     requirements specified in the provision.


      Sec. 519. Timing of Medicare+Choice Health Information Fairs

     Current law
       There is an annual coordinated period in November of each 
     year during which beneficiaries may sign up for or change 
     their M+C plan. Beginning in 2002, this enrollment period 
     generally will be the only time during the calendar year 
     that such an election or change of election may be made. A 
     nationally coordinated information and publicity campaign 
     is held in November each year to provide beneficiaries 
     with information about their plan options.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Permits HCFA to conduct the annual information campaign 
     during the fall season.
     Agreement
       The agreement includes the Senate provision. The parties 
     intend to give HCFA the flexibility to begin the annual 
     information campaign earlier. For the purpose of this 
     provision the parties intent for the Fall season to mean the 
     months of September, October or November.


    Sec. 520. Quality Assurance Requirements for Preferred Provider 
                           Organization Plans

     Current law
       M+C program requirements mandate that participating plans 
     maintain ongoing quality assurance programs. Quality 
     assurance program requirements are more extensive for 
     coordinated care plans (which rely upon networks of providers 
     with whom they contract to provide coordinated services) than 
     they are from MSA and fee-for-service M+C plans. In 
     implementing these quality assurance requirements, the 
     Secretary has required that participating plans meet Quality 
     Improvement System for Managed Care (QISMC) standards and 
     guidelines.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Exempts M+C preferred provider organizations from the QISMC 
     requirements unless the Secretary establishes similar 
     requirements for Medicare fee-for-service providers.
     Agreement
       The agreement includes the Senate provision with 
     modifications. The provision would clarify that preferred 
     provider organizations (PPOs) only be required to meet the 
     quality assurance requirements currently applied to private 
     fee-for-service and MSA plans. The provision further requires 
     MedPAC to conduct a study on the appropriate quality 
     assurance standards that should apply to each type of M+C 
     plan (including each type of coordinated care plan) and to 
     the original Medicare program. A report on this study is due 
     within 2 years of enactment.
       The changes incorporated in this provision are in response 
     to the lack of preferred provider organizations participating 
     in the M+C program, especially in rural counties. The parties 
     to the agreement have taken these steps to help ensure that 
     PPOs can reasonably comply with the quality assurance 
     requirements under Part C, and strongly encourage PPO plans 
     to begin offering coverage in rural counties.


 Sec. 521. Clarification of Nonapplicability of Certain Provisions of 
          Discharge Planning Process to Medicare+Choice Plans

     Current law
       BBA 97 modified hospital discharge planning process to 
     assure that patients are not directed to a single post-acute 
     facility.
     H.R. 3075, as passed
       Provides an exemption for M+C enrollees.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with a 
     modification specifying that a M+C discharge planning 
     evaluation is not required to include information on the 
     availability of home health services provided by individuals 
     or entities that do not have a contract with the M+C 
     organization. Further, the plan may specify or limit the 
     provider or providers of post-hospital home

[[Page H12539]]

     health services or other post-hospital services.


Sec. 522. User Fee for Medicare+Choice Organizations Based on Number of 
                         Enrolled Beneficiaries

     Current law
       Requires the Secretary to collect a user fee from each M+C 
     organization for use in carrying out Medicare+Choice 
     education and enrollment activities. The activities are 
     directed at all Medicare beneficiaries, including the 84% 
     still enrolled in the original medicare fee-for-service 
     program under Parts A and B. The user fee is equal to the 
     organization's pro rata share of the aggregate amount of fees 
     authorized to be collected from M+C organizations. The 
     Secretary is authorized to collect $100 million in user fees 
     each year.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Specifies that the aggregate amount of fees collected from 
     M+C organizations would be limited to a pro rata share of the 
     total budget for the education and enrollment related 
     activities. This pro rata share is to be based on the number 
     of beneficiaries in M+C plans as compared to the total number 
     of Medicare beneficiaries. Limits total amount available in a 
     fiscal year to the Secretary to carry out functions to $100 
     million. Authorizes the Secretary to draw upon the trust 
     funds to finance that portion of authorized activities that 
     are not financed by user fees imposed on M+C plans.
     Agreement
       The agreement includes the Senate provision with 
     modifications. The program is authorized for $100 million per 
     year. A Medicare+Choice plan's share of the total is the same 
     proportion as their share of the total Medicare population. 
     For example, if a particular Medicare+Choice plans enrolled 
     2.5 percent of the total Medicare population, that plan would 
     be responsible for 2.5 percent of the costs associated with 
     the information campaign, up to the $100,000,000 authorized.


Sec. 523. Clarification Regarding the Ability of a Religious Fraternal 
          Benefit Society to Operate any Medicare+Choice Plan

     Current law
       Religious fraternal benefit societies may restrict 
     enrollment in their M+C plans to their members. This 
     allowable restriction applies only to coordinated care plans.
     H.R. 3075, as passed
       Extends the authority to all M+C plans.
     S. 1788, as reported
       Extends the authority to all M+C plans except MSAs.
     Agreement
       The agreement includes the House provision.


   Sec. 524. Rules Regarding Physician Referrals for Medicare+Choice 
                                Program

     Current law
       Currently it is unlawful for physicians who bill Medicare 
     to refer patients to certain entities if the physician has an 
     ownership interest in or a compensation arrangement with the 
     entity to which the patient is referred. There is an 
     exception for referrals to certain specified health plans 
     that agree to provide care on a prepaid basis.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Specifies that the exception applies to M+C coordinated 
     care plans.
     Agreement
       The agreement includes the Senate provision.

  Subtitle C--Demonstration Projects and Special Medicare Populations


 Sec. 531. Extension of Social Health Maintenance Organization (SHMO) 
                    Demonstration Project Authority

     Current law
       Under waivers from the Secretary of HHS, SHMOs provide 
     integrated health and long-term care services on a prepaid 
     capitation basis. Medicare demonstration project waivers are 
     to expire on December 31, 2000. The Secretary is required to 
     submit to Congress by January 1, 1999, a report with a plan 
     for integration and transition of SHMOs into an option under 
     Medicare+Choice (this report is not yet completed) and a 
     final report on the demonstration projects by March 31, 2001. 
     Permits enrollment limits per site to be no fewer than 
     36,000.
     H.R. 3075, as passed
       Extends the Medicare demonstration project waivers until 18 
     months after the Secretary submits an integration and 
     transition plan report to Congress. Within 6 months after the 
     Secretary's final report (due March 31, 2001), requires 
     MedPAC to submit a report to Congress with recommendations 
     regarding the demonstration project. Increases the aggregate 
     limit on participants at all sites to not less than 324,000.
     S. 1788, as reported
       Extends Medicare demonstration project waivers until 1 year 
     after the Secretary submits an integration and transition 
     plan report to Congress. Requires the Secretary to submit 
     a final report on the demonstration projects to Congress 1 
     year after the integration and transition plan report.
     Agreement
       The agreement includes the House provision.


    Sec. 532. Extension of Medicare Community Nursing Organization 
                         Demonstration Project

     Current law
       The community nursing organization demonstration project 
     began on January 1, 1994 to test in four sites a system of 
     capitated payments for specified community nursing services 
     covered by Medicare. Experimental and control groups were 
     followed for health care utilization and costs. The 
     experiment ended at the end of 1997. BBA 97 extended the 
     availability of services through 1999. A final report is in 
     progress.
     H.R. 3075, as passed
       Extends the demonstration project for 2 years; requires the 
     Secretary to submit a report to Congress on the results of 
     the demonstration project no later than July 1, 2001.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with an 
     amendment requiring the Secretary to provide for such 
     reductions in payments under the project, in either year, 
     which are necessary to ensure that federal expenditures under 
     the project do not exceed those which would have been made in 
     the absence of the project extension.


  Sec. 533. Medicare+Choice Competitive Bidding Demonstration Project

     Current law
       BBA 97 requires the Secretary to establish a demonstration 
     project under which payments to Medicare+Choice organizations 
     are determined by a competitive pricing methodology, in 
     accordance with the recommendations of the Competitive 
     Pricing Advisory Committee (CPAC), the composition and 
     responsibilities of which were also established under BBA 97.
     H.R. 3075, as passed
       Delays implementation of the project until January 1, 2002 
     or, if later, 6 months after CPAC submits reports on (a) 
     incorporating original fee-for-service Medicare into the 
     demonstration; (b) quality activities required by 
     participating plans; (c) the viability of expanding the 
     demonstration project to a rural site; and (d) the nature of 
     the benefit structure required from plans that participate in 
     the demonstration. The Secretary is also required, subject to 
     recommendations by CPAC, to allow plans that make bids below 
     the established government contribution rate, to offer 
     beneficiaries rebates on their Part B premiums.
       This provision is designed to give both CPAC and Congress 
     more time to resolve some of the initial concerns that have 
     been raised about the demonstration project, as it is 
     currently designed. By delaying the start date an additional 
     year, and by tasking CPAC to report back on the identified 
     areas of concern, the parties to the agreement believe 
     appropriate modifications to the project can be implemented 
     before its inauguration so as to improve its chances of 
     success. Similarly, the additional time provided by the delay 
     will afford the Secretary, CPAC and the area advisory 
     committees additional time to work with the communities 
     designated under the project to resolve outstanding issues of 
     concern.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.
       Sec. 534. Extension of Medicare Municipal Health Services 
     Demonstration Projects (MHSP)
     Current law
       The MHSP is a multi-site demonstration to improve access to 
     primary care services. BBA 97 extended the project through 
     Dec. 2000 to provide a transition to mainstream Medicare.
     H.R. 3075, as passed
       Extends the project through December 31, 2001.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision, with an 
     amendment to extend the project through December 31, 2002.


       Sec. 535. Medicare Coordinated Care Demonstration Project

     Current law
       BBA 97 provided for a coordinated care demonstration 
     project in a cancer hospital. Funds would only be available 
     as provided in any law making appropriations for the District 
     of Columbia.
     H.R. 3075, as passed
       Specifies that the funding is to be made from Medicare 
     trust funds in such amounts as are necessary to cover the 
     costs of the project.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.
       The parties to the agreement are concerned that the 
     Secretary has not acted upon a previously expressed 
     Congressional mandate contained in the Balanced Budget Act of 
     1997 with respect to best practices in the area of 
     coordinated care. Specifically, the mandate contained in 
     Subchapter D, Section 4016 of the law required the Secretary 
     no

[[Page H12540]]

     later than two years after enactment to conduct nine 
     demonstration projects, that among other things, would 
     evaluate best practices in the management of chronic illness. 
     The parties to the agreement are aware that a solicitation 
     for such proposals in the areas of, but not limited to, 
     congestive heart failure and diabetes mellitus contained in 
     the Health Care Financing Administration Federal Register 
     Notice of June 11, 1998, Vol. 63, No. 112 has not yet been 
     acted upon by the Department, despite clear Congressional 
     interest to evaluate and understand the potential benefits of 
     these programs for better delivery of care to Medicare 
     beneficiaries.
       Therefore, the parties direct the Secretary to implement no 
     later than 90 days after enactment of this law demonstrations 
     enunciated in BBA 97, including a demonstration focused on 
     the best practices available in chronic illness. 
     Specifically, the parties also direct the Secretary no later 
     than 90 days after enactment of this law to implement the 
     case management demonstration focused on congestive heart 
     failure and diabetes mellitus contained in the HCFA Federal 
     Register solicitation of June 11, 1998.


        Sec. 536. Medigap Protections for PACE Program Enrollees

     Current law
       The law guarantees issuance of specified Medigap policies 
     to certain persons in terminating plans and, within their 
     first twelve months of Medicare eligibility, to persons who 
     enter directly into a M+C plan when becoming eligible for 
     Medicare.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Extends protections to PACE enrollees in similar 
     circumstances.
     Agreement
       The agreement includes the Senate provision with a 
     modification to limit application of the provision to persons 
     65 years of age and older. The agreement does not include an 
     extension of the disenrollment window for involuntarily 
     terminated enrollees.
       Subtitle D--Medicare+Choice Nursing and Allied Health 
     Professional Education Payments


   Sec. 541. Medicare+Choice Nursing and Allied Health Professional 
                           Education Payments

     Current law
       Medicare's calculation of managed care rates incorporates 
     the additional payments made to teaching hospitals that 
     operate residency training programs. BBA 97 reduced these 
     rates by carving out the costs attributable to graduate 
     medical education payments for physicians. The payment 
     reduction is phased in over 5 years. Teaching hospitals will 
     receive additional payments depending upon the number of 
     Medicare managed care beneficiaries they serve.
     H.R. 3075, as passed
       Authorizes hospitals that operate approved nursing and 
     allied health professional training programs to receive 
     additional payments to reflect utilization of Medicare+Choice 
     enrollees. The relationship of allied health direct graduate 
     medical education (DGME) payments for Medicare+Choice 
     enrollees to physician DGME payments for Medicare+Choice 
     enrollees shall be in the same proportion as total allied 
     health DGME payments to total DGME payments. The allied 
     health payments to different hospitals are proportional to 
     the direct costs of each hospital for such programs. In no 
     case can this payment exceed $60 million. Physician DGME 
     payment for Medicare+Choice utilization will be adjusted by 
     the amount of additional payments that will be made for 
     allied health professions under this provision.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with technical 
     modifications. Hospitals that operate approved nursing and 
     allied health professional training programs and receive 
     Medicare reasonable cost reimbursement for these programs 
     would receive additional payments to reflect utilization of 
     Medicare+Choice enrollees for portions of the cost reporting 
     periods occurring in a year beginning in 2000. As specified 
     by the Secretary, the payment amount would be calculated 
     based on the proportion of physician direct graduate medical 
     education (DGME) payments for Medicare+Choice enrollees to 
     total physician DGME payments multiplied by the Secretary's 
     estimate of total reasonable cost reimbursement for approved 
     nursing and allied health professional training programs. In 
     no case could this payment exceed $60 million. Hospitals 
     would receive these allied health payments in proportion to 
     amount of Medicare reasonable cost reimbursement for nursing 
     and allied health programs received in the cost reporting 
     period in the second preceding fiscal year to the total paid 
     to all hospitals for such cost reporting period. Physician 
     DGME payment for Medicare+Choice utilization would be reduced 
     by the amount of additional payments that would be made for 
     nursing and allied health professions under this provision.

                    Subtitle E--Studies and Reports


Sec. 551. Report on Accounting for VA and DOD Expenditures for Medicare 
                             Beneficiaries

     Current law
       No provision.
     H.R. 3075, as passed
       Requires the Secretaries of HHS, DOD, and VA no later than 
     a year from enactment to submit to Congress a report on the 
     use of health services furnished by DOD and VA to Medicare 
     beneficiaries including Medicare+Choice enrollees and 
     Medicare fee-for-service beneficiaries.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision with an 
     amendment. The amendment requires the study to be conducted 
     no later than April 1, 2001.
       On a similar matter, the parties to the agreement are also 
     concerned about the ability of Medicare beneficiaries who are 
     also entitled to Veterans Administration health care services 
     to obtain the full benefit of these separate entitlements. 
     This issue is of particular concern in areas where VA health 
     facilities are inadequate to fully meet the needs of these 
     veteran beneficiaries. While beneficiaries in these areas are 
     often able to readily obtain Medicare covered services from 
     Medicare providers, the lack of Veterans Health 
     Administration facilities often prevents them from obtaining 
     more generous VA benefits for their health care needs. As a 
     result, these beneficiaries often have to pay more in out-of-
     pocket health spending than similarly entitled veterans who 
     reside near VA facilities.
       To address this problem, the parties to the agreement 
     encourage the Secretary to consult with the Secretary of the 
     Department of Veterans Affairs and consider ways in which the 
     two Secretaries could institute procedures that would allow 
     for the greater coordination of benefits--and consequently 
     greater access to needed care--for this special population.


  Sec. 552. Medicare Payment Advisory Commission (MedPAC) Studies and 
                                Reports

     Current law
       No provision.
     H.R. 3075, as passed
       Requires MedPAC to submit to Congress a report on specific 
     legislative changes that would make MSA plans a viable option 
     under the M+C program.
     S. 1788, as reported
       Requires MedPAC to conduct a study that evaluates the 
     methodology used by the Secretary in developing risk 
     adjustment factors for M+C capitation rates. Requires MedPAC 
     to conduct a study on the development of a payment 
     methodology under M+C for frail elderly beneficiaries 
     enrolled in specialized programs.
     Agreement
       The agreement includes the House and Senate provisions.


               Sec. 553. GAO Studies, Audits, and Reports

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires the GAO to conduct a study of Medigap policies. 
     Requires the GAO to conduct annual audits of the Secretary's 
     expenditures for providing M+C information to beneficiaries.
     Agreement
       The agreement includes the Senate provision.

                           TITLE VI--MEDICAID


Sec. 601. Increase in DSH Allotment for Certain States and the District 
                              of Columbia

     Current law
       The federal share of Medicaid disproportionate share 
     payments is capped at amounts specified for each state.
     H.R. 3075, as passed
       Increases the ceiling on the federal share of DSH payments 
     for the District of Columbia, from $23 million to $32 million 
     for each of fiscal years 2000 through 2002; for Minnesota, 
     from $16 million to $33 million for each of fiscal years 1999 
     through 2002; for New Mexico, from $5 million to $9 million 
     for each of fiscal years 1998 through 2002; and for Wyoming, 
     from 0 to $.1 million for each of fiscal years 1999 through 
     2002.
     S. 1788, as reported
       Same as House provision.
     Agreement
       The agreement follows the House bill and the Senate bill.


  Sec. 602. Removal of Fiscal Year Limitation On Certain Transitional 
                    Administrative Costs Assistance

     Current law
       The Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 replaced the Aid to Families with 
     Dependent Children (AFDC) program and established the 
     Temporary Assistance for Needy Families (TANF) program. Under 
     the old program, people who qualified for AFDC were 
     automatically eligible for Medicaid. Welfare reform de-linked 
     Medicaid and TANF eligibility. Concerned that state Medicaid 
     programs would face large new administrative costs for 
     conducting Medicaid eligibility determinations that would 
     otherwise not have occurred, Congress established a fund of 
     $500 million to assist with the transitional costs of the new 
     eligibility activities. The funds are available at an 
     increased federal match for states that can demonstrate to 
     the satisfaction of the Secretary that such additional

[[Page H12541]]

     administrative costs were attributable to welfare reform. The 
     increased matching funds are available for the period 
     beginning with fiscal year 1997 and ending with fiscal year 
     2000 and must relate to costs incurred during the first 12 
     quarters following the welfare reform effective date.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Extends the availability of the transitional increased 
     federal matching funds beyond fiscal year 2000 and allows 
     costs for which the increased matching funds are claimed to 
     relate to costs incurred for the calender quarters beyond the 
     first 12 following the effective date of welfare reform.
     Agreement
       The agreement includes the Senate provision.


  Sec. 603. Two-Year Moratorium on Phase-Out of Payment for Federally-
Qualified Health Center Services and Rural Health Clinic Services Based 
                          On Reasonable Costs

     Current law
       States pay FQHCs and RHCs a percentage of the facilities' 
     reasonable costs for providing services. This percentage 
     decreases for specified fiscal years--100% of costs for 
     services furnished during FY1998 and FY1999; 95% for FY2000; 
     90% for FY2001; 85% for FY2002; and 70% for FY2003. For 
     services furnished on or after October 1, 2003, no required 
     payment percentage will apply. Two special payment rules are 
     applicable during FY1998-FY2002. In the case of a contract 
     between an FQHC or RHC and a managed care organization (MCO), 
     the MCO must pay the FQHC or RHC at least as much as it would 
     pay any other provider for similar services. States are 
     required to make supplemental payments to the FQHCs and RHCs, 
     equal to the difference between the contracted amounts and 
     the cost-based amounts.
     H.R. 3075, as passed
       Creates a new Medicaid prospective payment system for FQHCs 
     and RHCs beginning with FY2000. For the base year (defined as 
     FY2000 for existing entities and the initial year of FQHC or 
     RHC qualification for new entities established after FY1999), 
     per visit payments are equal to 100% of the reasonable costs 
     during the previous year for existing entities and the base 
     year for new entities, adjusted for any increase in the scope 
     of services furnished. For each fiscal year thereafter, per 
     visit payments are equal to amounts for the preceding 
     fiscal year increased by the percentage increase in the 
     Medicare Economic Index applicable to primary care 
     services for that fiscal year, and adjusted for any 
     increase in the scope of services furnished during that 
     fiscal year. In managed care contracts, States must make 
     supplemental payments equal to the difference between 
     contracted amounts and the cost-based amounts. Alternative 
     payment methods are permitted only when payments are at 
     least equal to amounts otherwise provided.
     S. 1788, as reported
       Retains the phase-out of cost-based reimbursement under 
     Medicaid for FQHCs and RHCs as delineated in current law, and 
     adds a new grant program. Beginning in FY2001, transitional 
     grants outside the Medicaid program may be awarded to 
     qualifying states to pay for services allowable under 
     Medicaid when provided by FQHC and RHC to individuals who are 
     not eligible for Medicaid. These grants will be made only to 
     states that are paying 100% of reasonable costs to FQHCs and 
     RHCs under Medicaid with one exception--states that have 
     elected to pay FQHCs and RHCs 95% of reasonable costs in 
     FY2000 and which revert to paying 100% of reasonable costs 
     for FY2001 through FY2003 may also qualify for this new 
     grant. For each of fiscal years 2001 through 2003, grant 
     amounts are based on the ratio of the number of low-income 
     persons in a state to the total number of such persons in all 
     states. Counts of low-income persons equal the average number 
     of such persons estimated using the 3 most recent March 
     supplements of the CPS before the beginning of the calendar 
     year in which the fiscal year begins. Annual grant amounts 
     for any state will be no less than $400,000, and the 
     Secretary will make pro rata adjustments as needed to achieve 
     this requirement. There are no matching fund requirements for 
     states. Also, each state awarded a grant will have 3 years in 
     which to spend the funds allotted for a given fiscal year. 
     States must distribute funds among all FQHCs and RHCs using 
     uniform criteria based on factors such as size of caseload 
     and treatment costs. Up to 15% of grant amounts per fiscal 
     year may be used by states for administrative costs 
     associated with this program. Total annual appropriations are 
     $25 million for each of fiscal years 2001 through 2003. The 
     GAO will conduct an annual study (due on November 1 of each 
     year for 2000 through 2003) to determine the impact of the 
     phase-out of cost-based reimbursement for FQHCs and RHCs and 
     will report related recommendations for legislation.
     Agreement
       The agreement imposes a two-year moratorium on the phase-
     down of the cost-based reimbursement system set forth in the 
     Balanced Budget Act of 1997. This will freeze the phase-down 
     at 95 percent for fiscal years 2001 and 2002, and then the 
     phase-down will resume at 90 percent in 2003, 85 percent in 
     2004. Cost-based reimbursement will be repealed in 2005. The 
     General Accounting Office (GAO) will conduct an analysis of 
     the impact of reducing or modifying payments based on the 
     reasonable cost standard for federally qualified health 
     centers and rural health clinics and the populations they 
     serve. The GAO shall report back to Congress within 12 months 
     with their findings and recommendations. This study shall 
     evaluate a sampling of different payment approaches.


 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

     Current law
       Current Medicaid law provides that States will receive 75% 
     federal financial participation (FFP) when contracting with a 
     Peer Review Organization (PRO) for medical and utilization 
     reviews and for quality reviews. In addition, states can 
     receive 75% FFP when they contract with a PRO-like entity but 
     only for external quality reviews of Medicaid managed care. 
     For all other reviews and entities, the standard 50% FFP 
     applies.
       A PRO is an entity that has a Medicare contract to perform 
     medical and utilization reviews. A PRO-like entity is one 
     that is certified by the Secretary as meeting the 
     requirements of Section 1152 which defines standards for PROs 
     under Medicare.
     H.R. 3075, as passed
       States will receive 75% FFP when PRO-like entities conduct 
     medical and utilization reviews for fee-for-service Medicaid, 
     and quality reviews for Medicaid managed care.
     S. 1788, as reported
       No provision.
     Agreement
       The agreement includes the House provision.

b. Elimination of Duplicative Requirements for External Quality Review 
                 of Medicaid Managed Care Organizations

     Current law
       Medicaid managed care organizations are required to obtain 
     annual independent, external reviews using either a 
     utilization and quality control peer review organization, a 
     PRO defined under section 1152, or a private accreditation 
     body. The results must be made available to the State and 
     upon request to the Secretary, the Inspector General of HHS 
     and the Comptroller General. This requirement is contained in 
     three different sections of Medicaid law.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Deletes the external review requirements of Section 
     1902(a)(30)(C) and related parts of Sections 1902(d), 
     1903(a)(3)(C)(i) and 1903(m)(6)(B). Also requires the 
     Secretary of HHS to certify to Congress that the external 
     review requirement in Section 1932(c)(2) is fully 
     implemented.
     Agreement
       The agreement includes the Senate provision.


Sec. 605. Inapplicability of Enhanced Match Under the State Children's 
           Health Insurance Program to Medicaid DSH Payments

     Current law
       States have a great deal of flexibility in determining the 
     formula used to calculate DSH payments to individual 
     hospitals within minimum and maximum federal criteria. Those 
     payments are matched by the federal government at the federal 
     medical assistance percentage (FMAP), the same percentage 
     that the federal government matches most other Medicaid 
     payments for benefits. On the other hand, Medicaid payments 
     for children who are eligible for benefits on the basis of 
     being a targeted low-income child under Title XXI are matched 
     at an enhanced federal matching percentage which is 
     considerably higher than the basic Medicaid FMAP.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Clarifies that Medicaid DSH payments are matched at the 
     FMAP and not at the enhanced federal matching percentage 
     authorized under Title XXI.
     Agreement
       The agreement includes the Senate provision.


Sec. 606. Optional Deferment of the Effective Date for Outpatient Drug 
                               Agreements

     Current law
       Medicaid law requires that rebate agreements between the 
     Secretary (or, if authorized by the Secretary, with the 
     States) and drug manufacturers that were not in effect before 
     March 1, 1991 become effective the first day of the calendar 
     quarter that begins more than 60 days after the date the 
     agreement is entered into.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Allows rebate agreements entered into after the date of 
     enactment of this act to become effective on the date on 
     which the agreement is entered into, or at State option, any 
     date before or after the date on which the agreement is 
     entered into.

[[Page H12542]]

     Agreement
       The agreement includes the Senate provision.


        Sec. 607. Making Medicaid DSH Transition Rule Permanent

     Current law
       Medicaid authorizes states to make special disproportionate 
     share (DSH) payments to certain hospitals treating large 
     numbers of low-income and Medicaid patients. States determine 
     the formula used to calculate DSH payments to individual 
     hospitals within minimum and maximum federal criteria. For 
     the period July 1, 1997 through July 1, 1999, hospital-
     specific disproportionate share payments for the State of 
     California may be as high as 175% of the cost of care 
     provided to Medicaid recipients and individuals who have no 
     health insurance or other third-party coverage for services 
     during the year (net of non-disproportionate share Medicaid 
     payments and other payments by uninsured individuals).
     H.R. 3075, as passed
       Removes the July 1, 1999, end date for increased hospital-
     specific disproportionate share payments for the State of 
     California, extending the transition period indefinitely.
     S. 1788, as reported
       Same as House provision.
     Agreement
       The agreement follows the House bill and the Senate bill.


                Sec. 608. Medicaid Technical Corrections

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Makes technical corrections to cross-references in Title 
     XIX.
     Agreement
       The agreement includes the Senate provision.

      TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)


  Sec. 701. Stabilizing the State Children's Health Insurance Program 
                           Allotment Formula

     Current law
       States and the District of Columbia are allotted funds for 
     SCHIP using a distribution formula based on the product of 
     the ``number of children'' and a ``state cost factor.'' For 
     FY1998 through FY2000, the number of children is equal to the 
     3-year average of uninsured children in families with income 
     below 200% FPL, using the three most recent March supplements 
     of the Current Population Survey. For subsequent fiscal 
     years, the number of children is a combination of low-income 
     uninsured children and low-income children (75/25 percent 
     split for FY2001 and a 50/50 percent split for FY2002 and 
     thereafter). The state cost factor for a fiscal year equals 
     the sum of .85 multiplied by the ratio of the annual average 
     wages per employee to the national average wages per employee 
     and .15. The measure for the annual average wages per 
     employee is based on the 3 most recent years for employees in 
     the health services industry. SCHIP allotments are subject to 
     a floor of $2 million.
     H.R. 3075, as passed
       Accelerates the phase-in of the use of low-income children 
     in calculating the ``number of children'' in the allotment 
     distribution formula. Changes the data set to be used to 
     estimate the number of children for a fiscal year from the 
     three most recent March supplements of the CPS to the three 
     most recent supplements available before the calendar year in 
     which the fiscal year begins. Specifies new methods for 
     determining floors and ceilings on allotments for the states 
     and the District of Columbia for FY2000 and beyond. The floor 
     remains $2 million, stated as a proportion of the total 
     amount available for allotments for a fiscal year. For each 
     fiscal year, the floor will not be less than 90% of a state's 
     allotment proportion for the preceding year. The cumulative 
     floor is set at 70% of the proportion for FY1999. The 
     cumulative ceiling is capped at 145% of a state's allotment 
     proportion for FY1999. If these methods create a deficit in a 
     given year, there will be a ceiling on the maximum increase 
     permitted in that year to ensure budget neutrality; if these 
     methods create a surplus in a given year, there will be a 
     pro-rata increase for all states below the ceiling. These new 
     methods do not apply to unspent allotments that are 
     redistributed to states as specified in Section 2104(f) of 
     Title XXI.
     S. 1788, as reported
       Same as House provision.
     Agreement
       The agreement follows the House bill and the Senate bill.


    Sec. 702. Increased Allotments for Territories Under the State 
                  Children's Health Insurance Program

     Current law
       Of the total amount available for allotment for the SCHIP 
     program, commonwealths and territories are allotted .25%, to 
     be divided among them based on specified percentages. In 
     addition, for fiscal year 1999, commonwealths and territories 
     were allotted $32 million. This additional allotment amount 
     was also divided among them based on the same specified 
     percentages as the basic allotment.
     H.R. 3075, as passed
       Requires additional allotments for the commonwealths and 
     territories of $34.2 million for each of fiscal years 2000 
     and 2001, $25.2 million for each of fiscal years 2002 through 
     2004, $32.4 million for each of fiscal years 2005 and 2006, 
     and $40 million for fiscal year 2007.
     S. 1788, as reported
       Same as House provision.
     Agreement
       The agreement follows the House bill and the Senate bill.


    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

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires that the Secretary of Commerce make appropriate 
     adjustments to the annual CPS to produce statistically 
     reliable annual State-level data on the number of low-income 
     children without health insurance. Data should be stratified 
     by family income, age, and race or ethnicity. Appropriate 
     adjustments to the CPS may include expanding sample size and/
     or sampling units within States, and appropriate verification 
     methods. Requires that $10 million be appropriated for FY-
     2000 and for each year thereafter. These changes to the CPS 
     will improve critical data for evaluation purposes. They will 
     also affect State-specific counts of number of low-income 
     children and the number of such children who have no health 
     insurance coverage that feed into the formula in existing law 
     that determines annual State-specific allotments from federal 
     SCHIP appropriations.
     Agreement
       The agreement includes the Senate provision.

 b. Funding for Children's Health Care Access and Utilization State-by-
                               State Data

                              Current law

       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires the Secretary of HHS, acting through the National 
     Center for Health Statistics (NCHS), to collect data on 
     children's health insurance through the State and Local Area 
     Integrated Telephone Survey (SLAITS) for the 50 States and 
     the District of Columbia. The data collected must provide 
     reliable, annual State-by-State information on health care 
     access and utilization by low-income children. Data must also 
     allow for stratification by family income, age, and race or 
     ethnicity. The Secretary must obtain input from appropriate 
     sources, including States, in designing the survey and its 
     content. Requires that $9 million be appropriated for FY-2000 
     and for each year thereafter. At State request, the Secretary 
     may also collect additional SLAITS data to assist with 
     individual State SCHIP evaluations, for which the States must 
     reimburse NCHS for such services.
     Agreement
       The Senate provision is not included.

  c. Federal Evaluation of State Children's Health Insurance Programs

                              Current law

       The Secretary is required to submit to Congress by December 
     31, 2001, a report based on the annual evaluations submitted 
     by States, with conclusions and recommendations, as 
     appropriate.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Adds a new federal evaluation to current law. The Secretary 
     of HHS, directly or through contracts or interagency 
     agreements, would be required to conduct an independent 
     evaluation of 10 States with approved SCHIP plans. The 
     selected States must represent diverse approaches to 
     providing child health assistance, a mix of geographic areas 
     (including rural and urban areas), and a significant portion 
     of uninsured children. The federal evaluation will include, 
     but not be limited to: (1) a survey of the target population, 
     (2) an assessment of effective and ineffective outreach and 
     enrollment practices for both SCHIP and Medicaid, (3) an 
     analysis of Medicaid eligibility rules and procedures that 
     are a barrier to enrollment in Medicaid, and how coordination 
     between Medicaid and SCHIP has affected enrollment under both 
     programs, (4) an assessment of the effects of cost-sharing 
     policies on enrollment, utilization and retention, and (5) an 
     analysis of disenrollment patterns and factors influencing 
     this process. The Secretary must submit the results of the 
     federal evaluation to Congress no later than December 31, 
     2001. Requires that $10 million be appropriated for FY-2000. 
     This appropriation shall remain available without fiscal year 
     limitation.
     Agreement
       The agreement includes the Senate provision.

[[Page H12543]]

  d. Inspector General Audit and GAO Report on Enrollees Eligible for 
                                Medicaid

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires that the Inspector General of HHS conduct an audit 
     to determine how many Medicaid-eligible children are 
     incorrectly enrolled in SCHIP among a sample of States that 
     provide child health assistance through separate programs 
     only (not via a Medicaid expansion). This audit will also 
     assess progress in reducing the number of uninsured children 
     relative to the goals stated in approved SCHIP plans. The 
     first such audit will be conducted in FY2000, and will be 
     repeated every third fiscal year thereafter. Requires the GAO 
     to monitor these audits and report their results to Congress 
     within six months of audit completion (i.e., by March 1 of 
     the fiscal year following each audit).
     Agreement
       The agreement includes the Senate provision.

  e. Coordination of Data Collection with Data Requirements Under the 
             Maternal and Child Health Services Block Grant

     Current law
       States are required to submit annual reports detailing 
     their activities under the Maternal and Child Health (MCH) 
     Services Block Grant. These reports must include, among other 
     items, information (by racial and ethnic group) on: (1) the 
     number of deliveries to pregnant women who were provided 
     prenatal, delivery or postpartum care under the block grant 
     or who were entitled to benefits with respect to such 
     deliveries under Medicaid, and (2) the number of infants 
     under one year of age who were provided services under the 
     block grant or were entitled to benefits under Medicaid.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Adds to the existing reporting requirement under the MCH 
     Block Grant authority inclusion of information (by racial and 
     ethnic group) on the number of deliveries to pregnant women 
     entitled to benefits under SCHIP, and the number of infants 
     under age one year entitled to SCHIP benefits.
     Agreement
       The agreement includes the Senate provision.

              f. Coordination of Data Surveys and Reports

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Requires that the Secretary of HHS establish a 
     clearinghouse for the consolidation and coordination of all 
     federal data bases and reports regarding children's health.
     Agreement
       The agreement includes the Senate provision.


  Sec. 704. References to SCHIP and State Children's Health Insurance 
                                Program

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       No provision.
     Agreement
       Requires that the Secretary of Health and Human Services 
     use the term State children's health insurance program and 
     SCHIP instead of children's health insurance program and 
     CHIP.


     Sec. 705. State Children's Health Insurance Program Technical 
                              Corrections

     Current law
       No provision.
     H.R. 3075, as passed
       No provision.
     S. 1788, as reported
       Makes technical corrections to selected sections of Title 
     XXI.
     Agreement
       The agreement includes the Senate provision.
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Admiral James W. Nance and 
     Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
     2000 and 2001''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Act.--This Act is organized into two divisions as 
     follows:
       (1) Division a.--Department of State Provisions.
       (2) Division b.--Arms Control, Nonproliferation, and 
     Security Assistance Provisions.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1.  Short title.
Sec. 2.  Organization of act into divisions; table of contents.
Sec. 3.  Definitions.

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

               TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                    Subtitle A--Department of State

Sec. 101.  Administration of foreign affairs.
Sec. 102.  International commissions.
Sec. 103.  Migration and refugee assistance.
Sec. 104.  United States informational, educational, and cultural 
              programs.
Sec. 105.  Grants to the Asia Foundation.
Sec. 106.  Contributions to international organizations.
Sec. 107.  Contributions for international peacekeeping activities.
Sec. 108.  Voluntary contributions to international organizations.

    Subtitle B--United States International Broadcasting Activities

Sec. 121.  Authorizations of appropriations.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201.  Office of Children's Issues.
Sec. 202.  Strengthening implementation of the Hague Convention on the 
              Civil Aspects of International Child Abduction.
Sec. 203.  Report concerning attack in Cambodia.
Sec. 204.  International expositions.
Sec. 205.  Responsibility of the AID Inspector General for the Inter-
              American Foundation and the African Development 
              Foundation.
Sec. 206.  Report on Cuban drug trafficking.
Sec. 207.  Revision of reporting requirement.
Sec. 208.  Foreign language proficiency.
Sec. 209.  Continuation of reporting requirements.
Sec. 210.  Joint funds under agreements for cooperation in 
              environmental, scientific, cultural and related areas.
Sec. 211.  Report on international extradition.

                    Subtitle B--Consular Authorities

Sec. 231.  Machine readable visas.
Sec. 232.  Fees relating to affidavits of support.
Sec. 233.  Passport fees.
Sec. 234.  Deaths and estates of United States citizens abroad.
Sec. 235.  Duties of consular officers regarding major disasters and 
              incidents abroad affecting United States citizens.
Sec. 236.  Issuance of passports for children under age 14.
Sec. 237.  Processing of visa applications.
Sec. 238.  Feasibility study on further passport restrictions on 
              individuals in arrears on child support.

                          Subtitle C--Refugees

Sec. 251.  United States policy regarding the involuntary return of 
              refugees.
Sec. 252.  Human rights reports.
Sec. 253.  Guidelines for refugee processing posts.
Sec. 254.  Gender-related persecution task force.
Sec. 255.  Eligibility for refugee status.

    TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                    Subtitle A--Organization Matters

Sec. 301.  Legislative liaison offices of the Department of State.
Sec. 302.  State Department official for Northeastern Europe.
Sec. 303.  Science and Technology Adviser to the Secretary of State.
Sec. 304.  Application of certain laws to public diplomacy funds.
Sec. 305.  Reform of the diplomatic telecommunications service office.

            Subtitle B--Personnel of the Department of State

Sec. 321.  Award of Foreign Service star.
Sec. 322.  United States citizens hired abroad.
Sec. 323.  Limitation on percentage of Senior Foreign Service eligible 
              for performance pay.
Sec. 324.  Placement of Senior Foreign Service personnel.
Sec. 325.  Report on management training.
Sec. 326.  Workforce planning for Foreign Service personnel by Federal 
              agencies.
Sec. 327.  Records of disciplinary actions.
Sec. 328.  Limitation on salary and benefits for members of the Foreign 
              Service recommended for separation for cause.
Sec. 329.  Treatment of grievance records.
Sec. 330.  Deadlines for filing grievances.
Sec. 331.  Reports by the Foreign Service Grievance Board.
Sec. 332.  Extension of use of Foreign Service personnel system.
Sec. 333.  Border equalization pay adjustment.
Sec. 334.  Treatment of certain persons reemployed after service with 
              international organizations.
Sec. 335.  Transfer allowance for families of deceased Foreign Service 
              personnel.
Sec. 336.  Parental choice in education.
Sec. 337.  Medical emergency assistance.
Sec. 338.  Report concerning financial disadvantages for administrative 
              and technical personnel.
Sec. 339.  State Department Inspector General and personnel 
              investigations.
Sec. 340.  Study of compensation for survivors of terrorist attacks 
              overseas.
Sec. 341.  Preservation of diversity in reorganization.

   TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                 Subtitle A--Authorities and Activities

Sec. 401.  Educational and cultural exchanges and scholarships for 
              Tibetans and Burmese.
Sec. 402.  Conduct of certain educational and cultural exchange 
              programs.
Sec. 403.  National security measures.

[[Page H12544]]

Sec. 404.  Sunset of United States Advisory Commission on Public 
              Diplomacy.
Sec. 405.  Royal Ulster Constabulary training.

    Subtitle B--Russian and Ukrainian Business Management Education

Sec. 421.  Purpose.
Sec. 422.  Definitions.
Sec. 423.  Authorization for training program and internships.
Sec. 424.  Applications for technical assistance.
Sec. 425.  Restrictions not applicable.
Sec. 426.  Authorization of appropriations.

      TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

Sec. 501.  Reauthorization of Radio Free Asia.
Sec. 502.  Nomination requirements for the Chairman of the Broadcasting 
              Board of Governors.
Sec. 503.  Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
Sec. 504.  Immunity from civil liability for Broadcasting Board of 
              Governors.

        TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

Sec. 601.  Short title.
Sec. 602.  Findings.
Sec. 603.  United States diplomatic facility defined.
Sec. 604.  Authorizations of appropriations.
Sec. 605.  Obligations and expenditures.
Sec. 606.  Security requirements for United States diplomatic 
              facilities.
Sec. 607.  Report on overseas presence.
Sec. 608.  Accountability review boards.
Sec. 609.  Increased anti-terrorism training in Africa.

         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

 Subtitle A--International Organizations Other than the United Nations

Sec. 701.  Conforming amendments to reflect redesignation of certain 
              interparliamentary groups.
Sec. 702.  Authority of the International Boundary and Water Commission 
              to assist State and local governments.
Sec. 703.  International Boundary and Water Commission.
Sec. 704.  Semiannual reports on United States support for membership 
              or participation of Taiwan in international 
              organizations.
Sec. 705.  Restriction relating to United States accession to the 
              International Criminal Court.
Sec. 706.  Prohibition on extradition or transfer of United States 
              citizens to the International Criminal Court.
Sec. 707.  Requirement for reports regarding foreign travel.
Sec. 708.  United States representation at the International Atomic 
              Energy Agency.

                 Subtitle B--United Nations Activities

Sec. 721.  United Nations policy on Israel and the Palestinians.
Sec. 722.  Data on costs incurred in support of United Nations 
              peacekeeping operations.
Sec. 723.  Reimbursement for goods and services provided by the United 
              States to the United Nations.
Sec. 724.  Codification of required notice of proposed United Nations 
              peacekeeping operations.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 801.  Denial of entry into United States of foreign nationals 
              engaged in establishment or enforcement of forced 
              abortion or sterilization policy.
Sec. 802.  Technical corrections.
Sec. 803.  Reports with respect to a referendum on Western Sahara.
Sec. 804.  Reporting requirements under PLO Commitments Compliance Act 
              of 1989.
Sec. 805.  Report on terrorist activity in which United States citizens 
              were killed and related matters.
Sec. 806.  Annual reporting on war crimes, crimes against humanity, and 
              genocide.

                Subtitle B--North Korea Threat Reduction

Sec. 821.  Short title.
Sec. 822.  Restrictions on nuclear cooperation with North Korea.
Sec. 823.  Definitions.

                 Subtitle C--People's Republic of China

Sec. 871.  Findings.
Sec. 872.  Funding for additional personnel at diplomatic posts to 
              report on political, economic, and human rights matters 
              in the People's Republic of China.
Sec. 873.  Prisoner information registry for the People's Republic of 
              China.

                 TITLE IX--ARREARS PAYMENTS AND REFORM

                     Subtitle A--General Provisions

Sec. 901.  Short title.
Sec. 902.  Definitions.

              Subtitle B--Arrearages to the United Nations

Chapter 1--Authorization of Appropriations; Obligation and Expenditure 
                                of Funds

Sec. 911.  Authorization of appropriations.
Sec. 912.  Obligation and expenditure of funds.
Sec. 913.  Forgiveness of amounts owed by the United Nations to the 
              United States.

                  Chapter 2--United States Sovereignty

Sec. 921.  Certification requirements.

   Chapter 3--Reform of Assessments and United Nations Peacekeeping 
                               Operations

Sec. 931.  Certification requirements.

                 Chapter 4--Budget and Personnel Reform

Sec. 941.  Certification requirements.

                  Subtitle C--Miscellaneous Provisions

Sec. 951.  Statutory construction on relation to existing laws.
Sec. 952.  Prohibition on payments relating to UNIDO and other 
              international organizations from which the United States 
              has withdrawn or rescinded funding.

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

Sec. 1001. Short title.

              TITLE XI--ARMS CONTROL AND NONPROLIFERATION

Sec. 1101. Short title.
Sec. 1102. Definitions.

                        Subtitle A--Arms Control

   Chapter 1--Effective Verification of Compliance With Arms Control 
                               Agreements

Sec. 1111. Key Verification Assets Fund.
Sec. 1112. Assistant Secretary of State for Verification and 
              Compliance.
Sec. 1113. Enhanced annual (``Pell'') report.
Sec. 1114. Report on START and START II Treaties monitoring issues.
Sec. 1115. Standards for verification.
Sec. 1116. Contribution to the advancement of seismology.
Sec. 1117. Protection of United States companies.
Sec. 1118. Requirement for transmittal of summaries.

    Chapter 2--Matters Relating to the Control of Biological Weapons

Sec. 1121. Short title.
Sec. 1122. Definitions.
Sec. 1123. Findings.
Sec. 1124. Trial investigations and trial visits.

   Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

Sec. 1131. Congressional notification of nonproliferation activities.
Sec. 1132. Effective use of resources for nonproliferation programs.
Sec. 1133. Disposition of weapons-grade material.
Sec. 1134. Provision of certain information to Congress.
Sec. 1135. Amended nuclear export reporting requirement.
Sec. 1136. Adherence to the Missile Technology Control Regime.
Sec. 1137. Authority relating to MTCR adherents.
Sec. 1138. Transfer of funding for science and technology centers in 
              the former Soviet Union.
Sec. 1139. Research and exchange activities by science and technology 
              centers.

                     TITLE XII--SECURITY ASSISTANCE

Sec. 1201. Short title.

            Subtitle A--Transfers of Excess Defense Articles

Sec. 1211. Excess defense articles for Central and Southern European 
              countries.
Sec. 1212. Excess defense articles for certain other countries.
Sec. 1213. Increase in annual limitation on transfer of excess defense 
              articles.

             Subtitle B--Foreign Military Sales Authorities

Sec. 1221. Termination of foreign military training.
Sec. 1222. Sales of excess Coast Guard property.
Sec. 1223. Competitive pricing for sales of defense articles.
Sec. 1224. Notification of upgrades to direct commercial sales.
Sec. 1225. Unauthorized use of defense articles.

   Subtitle C--Stockpiling of Defense Articles for Foreign Countries

Sec. 1231. Additions to United States war reserve stockpiles for 
              allies.
Sec. 1232. Transfer of certain obsolete or surplus defense articles in 
              the war reserves stockpile for allies.

                 Subtitle D--Defense Offsets Disclosure

Sec. 1241. Short title.
Sec. 1242. Findings and declaration of policy.
Sec. 1243. Definitions.
Sec. 1244. Sense of Congress.
Sec. 1245. Reporting of offset agreements.
Sec. 1246. Expanded prohibition on incentive payments.
Sec. 1247. Establishment of review commission.
Sec. 1248. Multilateral strategy to address offsets.

   Subtitle E--Automated Export System Relating to Export Information

Sec. 1251. Short title.
Sec. 1252. Mandatory use of the Automated Export System for filing 
              certain Shippers' Export Declarations.
Sec. 1253. Voluntary use of the Automated Export System.
Sec. 1254. Report to appropriate committees of Congress.
Sec. 1255. Acceleration of Department of State licensing procedures.
Sec. 1256. Definitions.

    Subtitle F--International Arms Sales Code of Conduct Act of 1999

Sec. 1261. Short title.
Sec. 1262. International arms sales code of conduct.

   Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

Sec. 1271. Authority to transfer naval vessels.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Publication of arms sales certifications.

[[Page H12545]]

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 
     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.
       (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.
       (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 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''.

[[Page H12546]]

       (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 (A), $1,000,000 
     for fiscal year 2000 and $1,000,000 for the fiscal year 2001 
     is authorized to be appropriated only for a fellowship 
     program, to be known as the ``Reagan-Fascell Democracy 
     Fellows'', for democracy activists and scholars from around 
     the world at the International Forum for Democratic Studies 
     in Washington, D.C., to study, write, and exchange views with 
     other activists and scholars and with Americans.
       (3) Dante b. fascell north-south center.--For ``Dante B. 
     Fascell North-South Center'' $2,500,000 for the fiscal year 
     2000 and $2,500,000 for the fiscal year 2001.
       (4) Center for cultural and technical interchange between 
     east and west.--For the ``Center for Cultural and Technical 
     Interchange between East and West'', $12,500,000 for the 
     fiscal year 2000 and $12,500,000 for the fiscal year 2001.
       (b) Muskie Fellowships.--
       (1) Exchanges with russia.--Of the amounts authorized to be 
     appropriated by this or any other Act for the fiscal years 
     2000 and 2001 for exchange programs with the Russian 
     Federation, $5,000,000 for fiscal year 2000 and $5,000,000 
     for fiscal year 2001 shall be available only to carry out the 
     Edmund S. Muskie Program under section 227 of the Foreign 
     Relations Authorization Act, Fiscal Years 1992 and 1993 
     (Public Law 102-138; 22 U.S.C. 2452 note).
       (2) Doctoral graduate studies for nationals of the 
     independent states of the former soviet union.--Of the 
     amounts authorized to be appropriated by this or any other 
     Act for the fiscal years 2000 and 2001 for exchange programs, 
     $1,500,000 for fiscal year 2000 and $1,500,000 for fiscal 
     year 2001 shall be available only to provide scholarships for 
     doctoral graduate study in economics to nationals of the 
     independent states of the former Soviet Union under the 
     Edmund S. Muskie Fellowship Program authorized by section 227 
     of the Foreign Relations Authorization Act, Fiscal Years 1992 
     and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
       (c) Vietnam Fulbright Academic Exchange Program.--Of the 
     amounts authorized to be appropriated by subsection 
     (a)(1)(A), $4,000,000 for the fiscal year 2000 and $4,000,000 
     for the fiscal year 2001 shall be available only to carry out 
     the Vietnam scholarship program established by section 229 of 
     the Foreign Relations Authorization Act, Fiscal Years 1992 
     and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

     SEC. 105. GRANTS TO THE ASIA FOUNDATION.

       Section 404 of The Asia Foundation Act (title IV of Public 
     Law 98-164; 22 U.S.C. 4403) is amended to read as follows:
       ``Sec. 404. There are authorized to be appropriated to the 
     Secretary of State $15,000,000 for each of the fiscal years 
     2000 and 2001 for grants to The Asia Foundation pursuant to 
     this title.''.

     SEC. 106. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     under the heading ``Contributions to International 
     Organizations'' $940,000,000 for the fiscal year 2000 and 
     such sums as may be necessary for the fiscal year 2001 for 
     the Department 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
       (B) by striking ``Inspector General'' each place it appears 
     and inserting ``Office of Internal Oversight Services''.
       (d) Prohibition on Certain Global Conferences.--None of the 
     funds made available under subsection (a) shall be available 
     for any United States contribution to pay for any expense 
     related to the holding of any United Nations global 
     conference, except for any conference scheduled prior to 
     October 1, 1998.
       (e) Prohibition on Funding Other Framework Treaty-Based 
     Organizations.--None of the funds made available for the 
     1998-1999 biennium budget under subsection (a) for United 
     States contributions to the regular budget of the United 
     Nations shall be available for the United States 
     proportionate share of any other framework treaty-based 
     organization, including the Framework Convention on Global 
     Climate Change, the International Seabed Authority, the 
     Desertification Convention, and the International Criminal 
     Court.
       (f) Foreign Currency Exchange Rates.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated by subsection (a), 
     there are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2000 and 2001 to offset 
     adverse fluctuations in foreign currency exchange rates.
       (2) Availability of funds.--Amounts appropriated under this 
     subsection shall be available for obligation and expenditure 
     only to the extent that the Director of the Office of 
     Management and Budget determines and certifies to Congress 
     that such amounts are necessary due to such fluctuations.
       (g) Refund of Excess Contributions.--The United States 
     shall continue to insist that the United Nations and its 
     specialized and affiliated agencies shall credit or refund to 
     each member of the agency concerned its proportionate share 
     of the amount by which the total contributions to the agency 
     exceed the expenditures of the regular assessed budgets of 
     these agencies.

     SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 
                   ACTIVITIES.

       There are authorized to be appropriated under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     $500,000,000 for the fiscal year 2000 and such sums as may be 
     necessary for the fiscal year 2001 for the Department of 
     State to carry out the authorities, functions, duties, and 
     responsibilities in the conduct of the foreign affairs of the 
     United States with respect to international peacekeeping 
     activities and to carry out other authorities in law 
     consistent with such purposes.

     SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated for ``Voluntary Contributions to 
     International Organizations'', $293,000,000 for the fiscal 
     year 2000 and such sums as may be necessary for the fiscal 
     year 2001.
       (b) Limitations on Authorizations of Appropriations.--
       (1) World food program.--Of the amounts authorized to be 
     appropriated under subsection (a), $5,000,000 for the fiscal 
     year 2000 and $5,000,000 for the fiscal year 2001 is 
     authorized to be appropriated only for a United States 
     contribution to the World Food Program.
       (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

[[Page H12547]]

     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
       (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 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.

     SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE 
                   CONVENTION ON THE CIVIL ASPECTS OF 
                   INTERNATIONAL CHILD ABDUCTION.

       Section 2803(a) of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (as contained in division G of 
     Public Law 105-277) is amended--
       (1) in the first sentence, by striking ``1999,'' and 
     inserting ``2001,'';
       (2) in paragraph (1), by striking ``United States 
     citizens'' and inserting ``applicants in the United States'';
       (3) in paragraph (2), by striking ``abducted.'' and 
     inserting ``abducted, are being wrongfully retained in 
     violation of United States court orders, or which have failed 
     to comply with any of their obligations under such convention 
     with respect to applications for the return of children, 
     access to children, or both, submitted by applicants in the 
     United States.'';
       (4) in paragraph (3)--
       (A) by striking ``children'' and inserting ``children, 
     access to children, or both,''; and
       (B) by striking ``United States citizens'' and inserting 
     ``applicants in the United States'';
       (5) in paragraph (4), by inserting before the period at the 
     end the following: ``, including the specific actions taken 
     by the United States chief of mission in the country to which 
     the child is alleged to have been abducted''; and
       (6) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) A list of the countries that are parties to the 
     Convention in which, during the reporting period, parents who 
     have been left-behind in the United States have not been able 
     to secure prompt enforcement of a final return or access 
     order under a Hague proceeding, of a United States custody, 
     access, or visitation order, or of an access or visitation 
     order by authorities in the country concerned, due to the 
     absence of a prompt and effective method for enforcement of 
     civil court orders, the absence of a doctrine of comity, or 
     other factors.
       ``(7) A description of the efforts of the Secretary of 
     State to encourage the parties to the Convention to 
     facilitate the work of nongovernmental organizations within 
     their countries that assist parents seeking the return of 
     children under the Convention.''.

     SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

       Not later than 30 days after the date of the enactment of 
     this Act, and one year thereafter unless the investigation 
     referred to in this section is completed, the Secretary of 
     State, in consultation with the Attorney General, shall 
     submit a report to the appropriate congressional committees, 
     in classified and unclassified form, containing the most 
     current information on the investigation into the March 30, 
     1997, grenade attack in Cambodia.

     SEC. 204. INTERNATIONAL EXPOSITIONS.

       (a) Limitation.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, the Department of 
     State may not obligate or expend any funds appropriated to 
     the Department of State for a United States pavilion or other 
     major exhibit at any international exposition or world's fair 
     registered by the 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

[[Page H12548]]

     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.

     SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE 
                   INTER-AMERICAN FOUNDATION AND THE AFRICAN 
                   DEVELOPMENT FOUNDATION.

       (a) Responsibilities.--Section 8A(a) of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) shall supervise, direct, and control audit and 
     investigative activities relating to programs and operations 
     within the Inter-American Foundation and the African 
     Development Foundation.''.
       (b) Conforming Amendment.--Section 8A(f) of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended by inserting 
     before the period at the end the following: ``, an employee 
     of the Inter-American Foundation, and an employee of the 
     African Development Foundation''.

     SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees an unclassified 
     report (with a classified annex) on the extent of 
     international drug trafficking through Cuba since 1990. The 
     report shall include the following:
       (1) Information concerning the extent to which the Cuban 
     Government or any official, employee, or entity of the 
     Government of Cuba has engaged in, facilitated, or condoned 
     such trafficking.
       (2) The extent to which agencies of the United States 
     Government have investigated or prosecuted such activities.
       (b) Limitation.--The report need not include information 
     about isolated instances of conduct by low-level employees, 
     except to the extent that such information may suggest 
     improper conduct by more senior officials.

     SEC. 207. REVISION OF REPORTING REQUIREMENT.

       Section 3 of Public Law 102-1 is amended by striking ``60 
     days'' and inserting ``90 days''.

     SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

       (a) Report on Language Proficiency.--Section 702 of the 
     Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by 
     adding at the end the following new subsection:
       ``(c) Not later than March 31 of each year, the Director 
     General of the Foreign Service shall submit a report to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives summarizing the number of positions in each 
     overseas mission requiring foreign language competence that--
       ``(1) became vacant during the previous calendar year; and
       ``(2) were filled by individuals having the required 
     foreign language competence.''.
       (b) Repeal.--Section 304(c) of the Foreign Service Act of 
     1980 (22 U.S.C. 3944(c)) is repealed.

     SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

       (a) Reports on Claims by United States Firms Against the 
     Government of Saudi Arabia.--Section 2801(b)(1) of the 
     Foreign Affairs Reform and Restructuring Act of 1998 (as 
     enacted by division G of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999; Public Law 
     105-277) is amended by striking ``third'' and inserting 
     ``seventh''.
       (b) Reports on Determinations Under Title IV of the 
     Libertad Act.--Section 2802(a) of the Foreign Affairs Reform 
     and Restructuring Act of 1998 (as enacted by division G of 
     the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999; Public Law 105-277) is amended by 
     striking ``September 30, 1999,'' and inserting ``September 
     30, 2001,''.
       (c) Relations With Vietnam.--Section 2805 of the Foreign 
     Affairs Reform and Restructuring Act of 1998 (as enacted by 
     division G of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999; Public Law 105-277) is 
     amended by striking ``September 30, 1999,'' and inserting 
     ``September 30, 2001,''.
       (d) Reports on Ballistic Missile Cooperation With Russia.--
     Section 2705(d) of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (as enacted by division G of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999; Public Law 105-277) is amended by 
     striking ``and January 1, 2000,'' and inserting ``January 1, 
     2000, and January 1, 2001,''.
       (e) Continuation of Reports Terminated by the Federal 
     Reports Elimination and Sunset Act of 1995.--Section 
     3003(a)(1) of the Federal Reports Elimination and Sunset Act 
     of 1995 (Public Law 104-66; 31 U.S.C. 1113 note) does not 
     apply to any report required to be submitted under any of the 
     following provisions of law:
       (1) Section 1205 of the International Security and 
     Development Cooperation Act of 1985 (Public Law 99-83; 22 
     U.S.C. 2346 note) (relating to annual reports on economic 
     conditions in Egypt, Israel, Turkey, and Portugal).
       (2) Section 1307(f)(1)(A) of the International Financial 
     Institutions Act (Public Law 95-118) (relating to an 
     assessment of the environmental impact of proposed 
     multilateral development bank actions).
       (3) Section 118(f) of the Foreign Assistance Act of 1961 
     (Public Law 87-195; 22 U.S.C. 2151p-1) (relating to the 
     protection of tropical forests).
       (4) Section 586J(c)(4) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1991 
     (Public Law 101-513) (relating to sanctions taken by other 
     nations against Iraq).
       (5) Section 3 of the Authorization for Use of Military 
     Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3) 
     (relating to the status of efforts to obtain Iraqi compliance 
     with United Nations Security Council resolutions).
       (6) Section 124 of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 
     2680 note) (relating to expenditures for emergencies in the 
     diplomatic and consular service).
       (7) Section 620C(c) of the Foreign Assistance Act of 1961 
     (Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress 
     made toward the conclusion of a negotiated solution to the 
     Cyprus problem).
       (8) Section 533(b) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 19991 
     (Public Law 101-513) (relating to international natural 
     resource management initiatives).
       (9) Section 3602 of the Omnibus Trade and Competitiveness 
     Act of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to 
     foreign treatment of United States financial institutions).
       (10) Section 1702 of the International Financial 
     Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) 
     (relating to operating summaries of the multilateral 
     development banks).
       (11) Section 1303(c) of the International Financial 
     Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c)) 
     (relating to international environmental assistance 
     programs).
       (12) Section 1701(a) of the International Financial 
     Institutions Act (Public Law 95-118; 22 U.S.C. 262r) 
     (relating to United States participation in international 
     financial institutions).
       (13) Section 163(a) of the Trade Act of 1974 (Public Law 
     93-618; 19 U.S.C. 2213) (relating to the trade agreements 
     program and national trade policy agenda).
       (14) Section 8 of the Export-Import Bank Act (Public Law 
     79-173; 12 U.S.C. 635g) (relating to Export-Import Bank 
     activities).
       (15) Section 407(f) of the Agricultural Trade Development 
     and Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 
     1736a) (relating to Public Law 480 programs and activities).
       (16) Section 239(c) of the Foreign Assistance Act of 1961 
     (Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC 
     audit report).
       (17) Section 504(i) of the National Endowment for Democracy 
     Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the 
     activities of the National Endowment for Democracy).
       (18) Section 5(b) of the Japan-United States Friendship Act 
     (Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-
     United States Friendship Commission activities).

     SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN 
                   ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED 
                   AREAS.

       Amounts made available to the Department of State for 
     participation in joint funds under agreements for cooperation 
     in environmental, scientific, cultural and related areas 
     prior to fiscal year 1996 which, pursuant to express terms of 
     such international agreements, were deposited in interest-
     bearing accounts prior to disbursement may earn interest, and 
     interest accrued to such accounts may be used and retained 
     without return to the Treasury of the United States and 
     without further appropriation by Congress. The Department of 
     State shall take action to ensure the complete and timely 
     disbursement of appropriations and associated interest within 
     joint funds covered by this section and final disposition of 
     such agreements.

     SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.

       (a) Report to Congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of State shall 
     review extradition treaties and other agreements containing 
     extradition

[[Page H12549]]

     obligations to which the United States is a party (only with 
     regard to those treaties where the United States has 
     diplomatic relations 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 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.
       ``(c) Implementing Regulations.--The Secretary of State 
     shall prescribe such regulations as may be necessary to carry 
     out this section.

     ``SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

       ``(a) Conservation of Estates Abroad.--
       ``(1) Authority to act as conservator.--Whenever a United 
     States citizen or national dies abroad, a consular officer 
     shall act as the provisional conservator of the portion of 
     the decedent's estate located abroad and, subject to 
     paragraphs (3), (4), and (5), shall--
       ``(A) take possession of the personal effects of the 
     decedent within his jurisdiction;
       ``(B) inventory and appraise the personal effects of the 
     decedent, sign the inventory, and annex thereto a certificate 
     as to the accuracy of the inventory and appraised value of 
     each article;
       ``(C) when appropriate in the exercise of prudent 
     administration, collect the debts due to the decedent in the 
     officer's jurisdiction and pay from the estate the 
     obligations owed by the decedent;
       ``(D) sell or dispose of, as appropriate, in the exercise 
     of prudent administration, all perishable items of property;
       ``(E) sell, after reasonable public notice and notice to 
     such next of kin as can be ascertained with reasonable 
     diligence, such additional items of property as necessary to 
     provide funds sufficient to pay the decedent's debts and 
     property taxes in the country of death, funeral expenses, and 
     other expenses incident to the disposition of the estate;
       ``(F) upon the expiration of the one-year period beginning 
     on the date of death (or after such additional period as may 
     be required for final settlement of the estate), if no 
     claimant shall have appeared, after reasonable public notice 
     and notice to such next of kin as can be ascertained with 
     reasonable diligence, sell or dispose of the residue of the 
     personal estate, except as provided in subparagraph (G), in 
     the same manner as United States Government-owned foreign 
     excess property;
       ``(G) transmit to the custody of the Secretary of State in 
     Washington, D.C. the proceeds of any sales, together with all 
     financial instruments (including bonds, shares of stock, and 
     notes of indebtedness), jewelry, heirlooms, and other 
     articles of obvious sentimental value, to be held in trust 
     for the legal claimant; and
       ``(H) in the event that the decedent's estate includes an 
     interest in real property located within the jurisdiction of 
     the officer and such interest does not devolve by the 
     applicable laws of intestate succession or otherwise, provide 
     for title to the property to be conveyed to the Government of 
     the United States unless the Secretary declines to accept 
     such conveyance.
       ``(2) Authority to act as administrator.--Subject to 
     paragraphs (3) and (4), a consular officer may act as 
     administrator of an estate in exceptional circumstances if 
     expressly authorized to do so by the Secretary of State.
       ``(3) Exceptions.--The responsibilities described in 
     paragraphs (1) and (2) may not be performed to the extent 
     that the decedent has left or there is otherwise appointed, 
     in the country where the death occurred or where the decedent 
     was domiciled, a legal representative, partner in trade, or 
     trustee appointed to take care of his personal estate. If the 
     decedent's legal representative shall appear at any time 
     prior to transmission of the estate to the Secretary and 
     demand the proceeds and effects being held by the consular 
     officer, the officer shall deliver them to the representative 
     after having collected any prescribed fee for the services 
     performed under this section.
       ``(4) Additional requirement.--In addition to being subject 
     to the limitations in paragraph (3), the responsibilities 
     described in paragraphs (1) and (2) may not be performed 
     unless--
       ``(A) authorized by treaty provisions or permitted by the 
     laws or authorities of the country wherein the death occurs, 
     or the decedent is domiciled; or
       ``(B) permitted by established usage in that country.
       ``(5) Statutory construction.--Nothing in this section 
     supersedes or otherwise affects the authority of any military 
     commander under title 10 of the United States Code with 
     respect to the person or property of any decedent who died 
     while under a military command or jurisdiction or the 
     authority of the Peace Corps with respect to a Peace Corps 
     volunteer or the volunteer's property.
       ``(b) Disposition of Estates by the Secretary of State.--
       ``(1) Personal estates.--
       ``(A) In general.--After receipt of a personal estate 
     pursuant to subsection (a), the Secretary may seek payment of 
     all outstanding debts to the estate as they become due, may 
     receive any balances due on such estate, may endorse all 
     checks, bills of exchange, promissory notes, and other 
     instruments of indebtedness payable to the estate for the 
     benefit thereof, and may take such other action as is 
     reasonably necessary for the conservation of the estate.
       ``(B) Disposition as surplus united states property.--If, 
     upon the expiration of a period of 5 fiscal years beginning 
     on October 1 after a consular officer takes possession of a 
     personal estate under subsection (a), no legal claimant for 
     such estate has appeared, title to the estate shall be 
     conveyed to the United States, the property in the estate 
     shall be under the custody of the Department of State, and 
     the Secretary shall dispose of the estate in the same manner 
     as surplus United States Government-owned property is 
     disposed or by such means as may be appropriate in light of 
     the nature and value of the property involved. The expenses 
     of sales shall be paid from the estate, and any lawful claim 
     received thereafter shall be payable to the extent

[[Page H12550]]

     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.--
       ``(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 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 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 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

[[Page H12551]]

     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 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 should examine existing liaison 
     offices of other executive departments that are located in 
     the congressional office buildings, including the liaison 
     offices of the military services.
       (b) Assessment Considerations.--The assessment required by 
     subsection (a) shall consider--
       (1) space requirements;
       (2) cost implications;
       (3) personnel structure; and
       (4) the feasibility of modifying the Pearson Fellowship 
     program in order to have members of the Foreign Service who 
     serve in such fellowships serve a second year in a 
     legislative liaison office.
       (c) Transmittal of Assessment.--Not later than 6 months 
     after the date of the enactment of this Act, the Secretary of 
     State shall submit to the Committee on International 
     Relations and the Committee on House Administration of the 
     House of Representatives and the Committee on Foreign 
     Relations and the Committee on Rules and Administration of 
     the Senate the assessment developed under subsection (a).

     SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

       The Secretary of State shall designate a senior-level 
     official of the Department of State with responsibility for 
     promoting regional cooperation in and coordinating United 
     States policy toward Northeastern Europe.

     SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF 
                   STATE.

       (a) Designation.--The Secretary of State shall designate a 
     senior-level official of the Department of State as the 
     Science and Technology Adviser to the Secretary of State (in 
     this section referred to as the ``Adviser''). The Adviser 
     shall have substantial experience in the area of science and 
     technology. The Adviser shall report to the Secretary of 
     State through the appropriate Under Secretary of State.
       (b) Duties.--The Adviser shall--
       (1) advise the Secretary of State, through the appropriate 
     Under Secretary of State, on international science and 
     technology matters affecting the foreign policy of the United 
     States; and
       (2) perform such duties, exercise such powers, and have 
     such rank and status as the Secretary of State shall 
     prescribe.

     SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY 
                   FUNDS.

       Section 1333(c) of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (as enacted in division G of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999; Public Law 105-277) is amended--
       (1) after ``diplomacy programs'' by inserting ``, 
     identified as public diplomacy funds in any Congressional 
     Presentation Document described in subsection (e), or 
     reprogrammed for public diplomacy purposes,'';
       (2) by striking ``Except'' and inserting ``(1) Except''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2) Construction.--Nothing in paragraph (1) may be 
     construed (A) to interfere with the integration of 
     administrative 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.
       (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)--

[[Page H12552]]

       ``(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
       (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).''.

     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.

     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--
       ``(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

[[Page H12553]]

     amended by inserting after the item relating to section 413 
     the following new item:

``Sec. 414. Border equalization pay adjustment.''.

     SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER 
                   SERVICE WITH INTERNATIONAL ORGANIZATIONS.

       (a) In General.--Title 5 of the United States Code is 
     amended by inserting after section 8432b the following new 
     section:

     ``Sec. 8432c. Contributions of certain persons reemployed 
       after service with international organizations

       ``(a) In this section, the term `covered person' means any 
     person who--
       ``(1) transfers from a position of employment covered by 
     chapter 83 or 84 or subchapter I or II of chapter 8 of the 
     Foreign Service Act of 1980 to a position of employment with 
     an international organization pursuant to section 3582;
       ``(2) pursuant to section 3582 elects to retain coverage, 
     rights, and benefits under any system established by law for 
     the retirement of persons during the period of employment 
     with the international organization and currently deposits 
     the necessary deductions in payment for such coverage, 
     rights, and benefits in the system's fund; and
       ``(3) is reemployed pursuant to section 3582(b) to a 
     position covered by chapter 83 or 84 or subchapter I or II of 
     chapter 8 of the Foreign Service Act of 1980 after separation 
     from the international organization.
       ``(b)(1) Each covered person may contribute to the Thrift 
     Savings Fund, in accordance with this subsection, an amount 
     not to exceed the amount described in paragraph (2).
       ``(2) The maximum amount which a covered person may 
     contribute under paragraph (1) is equal to--
       ``(A) the total amount of all contributions under section 
     8351(b)(2) or 8432(a), as applicable, which the person would 
     have made over the period beginning on the date of transfer 
     of the person (as described in subsection (a)(1)) and ending 
     on the day before the date of reemployment of the person (as 
     described in subsection (a)(3)), minus
       ``(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.
       ``(2) A transfer allowance under this subsection may not be 
     granted with respect to the spouse or a dependent of the 
     employee unless, at the time of death, such spouse or 
     dependent was residing--
       ``(A) at the employee's post of assignment; or
       ``(B) at a place, outside the United States, for which a 
     separate maintenance allowance was being furnished under 
     section 5924(3).
       ``(3) The President may prescribe any regulations necessary 
     to carry out this subsection.''.

     SEC. 336. PARENTAL CHOICE IN EDUCATION.

       Section 5924(4) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``between that post 
     and the nearest locality where adequate schools are 
     available,'' and inserting ``between that post and the school 
     chosen by the employee, not to exceed the total cost to the 
     Government of the dependent attending an adequate school in 
     the nearest locality where an adequate school is 
     available,''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) In those cases in which an adequate school is 
     available at the post of the employee, if the employee 
     chooses to educate the dependent at a school away from post, 
     the education allowance which includes board and room, and 
     periodic travel between the post and the school chosen, 
     shall not exceed the total cost to the Government of the 
     dependent attending an adequate school at the post of the 
     employee.''.

     SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

       Section 5927 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 5927. Advances of pay

       ``(a) Up to three months' pay may be paid in advance--
       ``(1) to an employee upon the assignment of the employee to 
     a post in a foreign area;
       ``(2) to an employee, other than an employee appointed 
     under section 303 of the Foreign Service Act of 1980 (and 
     employed under section 311 of such Act), who--
       ``(A) is a citizen of the United States;
       ``(B) is officially stationed or located outside the United 
     States pursuant to Government authorization; and
       ``(C) requires (or has a family member who requires) 
     medical treatment outside the United States, in circumstances 
     specified by the President in regulations; and
       ``(3) to a foreign national employee appointed under 
     section 303 of the Foreign Service Act of 1980, or a 
     nonfamily member United States citizen appointed under such 
     section 303 (and employed under section 311 of such Act) for 
     service at such nonfamily member's post of residence, who--
       ``(A) is located outside the country of employment of such 
     foreign national employee or nonfamily member (as the case 
     may be) pursuant to Government authorization; and
       ``(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:
       ``(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

[[Page H12554]]

     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.''.

   TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                 Subtitle A--Authorities and Activities

     SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS 
                   FOR TIBETANS AND BURMESE.

       (a) Designation of Ngawang Choephel Exchange Programs.--
     Section 103(a) of the Human Rights, Refugee, and Other 
     Foreign Relations Provisions Act of 1996 (Public Law 104-319) 
     is amended by inserting after the first sentence the 
     following: ``Exchange programs under this subsection shall be 
     known as the `Ngawang Choephel Exchange Programs'.''.
       (b) Scholarships for Tibetans and Burmese.--Section 
     103(b)(1) of the Human Rights, Refugee, and Other Foreign 
     Relations Provisions Act of 1996 (Public Law 104-319; 22 
     U.S.C. 2151 note) is amended by striking ``for the fiscal 
     year 1999'' and inserting ``for the fiscal year 2000''.
       (c) Scholarships for Preservation of Tibet's culture, 
     language, and religion.--Section 103(b)(1) of the Human 
     Rights, Refugee, and Other Foreign Relations Provisions Act 
     of 1996 (Public Law 104-319; 22 U.S.C. 2151 note) is further 
     amended by striking ``Tibet,'' and inserting ``Tibet 
     (whenever practical giving consideration to individuals who 
     are active in the preservation of Tibet's culture, language, 
     and religion),''.

     SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL 
                   EXCHANGE PROGRAMS.

       Section 102 of the Human Rights, Refugee, and Other Foreign 
     Relations Provisions Act of 1996 (Public Law 104-319; 22 
     U.S.C. 2452 note) is amended to read as follows:

     ``SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL 
                   EXCHANGE PROGRAMS.

       ``(a) In General.--In carrying out programs of educational 
     and cultural exchange in countries whose people do not fully 
     enjoy freedom and democracy, the Secretary of State, with the 
     assistance of the Under Secretary of State for Public 
     Diplomacy, shall provide, where appropriate, opportunities 
     for significant participation in such programs to nationals 
     of such countries who are--
       ``(1) human rights or democracy leaders of such countries; 
     or
       ``(2) committed to advancing human rights and democratic 
     values in such countries.
       ``(b) Grantee Organizations.--To the extent practicable, 
     grantee organizations selected to operate programs described 
     in subsection (a) shall be selected through an open 
     competitive process. Among the factors that should be 
     considered in the selection of such a grantee are the 
     willingness and ability of the organization to--
       ``(1) recruit a broad range of participants, including 
     those described in paragraphs (1) and (2) of subsection (a); 
     and
       ``(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.''.
       (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.--

[[Page H12555]]

       (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--
       (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
       (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--
       (1) is for an individual or individuals employed in an 
     eligible enterprise or enterprises applying under the 
     program;
       (2) describes the level of training for which assistance 
     under this subtitle is sought;
       (3) provides evidence that the eligible enterprise meets 
     the general policies adopted for the administration of this 
     subtitle;
       (4) provides assurances that the eligible enterprise will 
     pay a share of the costs of the training, which share may 
     include in-kind contributions; and
       (5) provides such additional assurances as are determined 
     to be essential to ensure compliance with the requirements of 
     this subtitle.
       (c) Clearinghouse.--A clearinghouse shall be established or 
     designated in each program country to manage and execute the 
     program in that country. The clearinghouse shall screen 
     applications, provide information regarding training and 
     teachers, monitor performance of the program, and coordinate 
     appropriate post-program follow-on activities.

     SEC. 425. RESTRICTIONS NOT APPLICABLE.

       Prohibitions on the use of foreign assistance funds for 
     assistance for the Russian Federation or for Ukraine shall 
     not apply with respect to the funds made available to carry 
     out this subtitle.

     SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     $10,000,000 for the fiscal year 2000 and $10,000,000 for the 
     fiscal year 2001 to carry out this subtitle.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) are authorized to remain available until 
     expended.

      TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

     SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA.

       Section 309 of the United States International Broadcasting 
     Act of 1994 (22 U.S.C. 6208) is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d), (e), (f), (g), (h), 
     and (i) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively;
       (3) in subsection (c) (as redesignated by paragraph (2))--
       (A) in paragraph (1)--
       (i) by striking ``(A)''; and
       (ii) by striking subparagraph (B);
       (B) in paragraph (2), by striking ``September 30, 1999'' 
     and inserting ``September 30, 2009'';
       (C) in paragraph (4), by striking ``$22,000,000 in any 
     fiscal year'' and inserting ``$30,000,000 in each of the 
     fiscal years 2000 and 2001'';
       (D) by striking paragraph (5); and
       (E) by redesignating paragraph (6) as paragraph (5); and
       (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 
     destroyed by simultaneously exploding bombs. The resulting 
     explosions killed 220 persons and injured more than

[[Page H12556]]

     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 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 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 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

[[Page H12557]]

     United States diplomatic facilities abroad at least on an 
     annual basis.
       (5) Diplomatic security training.--Not later than six 
     months after the date of the enactment of this Act, the 
     Secretary of State shall--
       (A) develop annual physical fitness standards for all 
     diplomatic security agents to ensure that the agents are 
     prepared to carry out all of their official responsibilities; 
     and
       (B) provide for an independent evaluation by an outside 
     entity of the overall adequacy of current new agent, in-
     service, and management training programs to prepare agents 
     to carry out the full scope of diplomatic security 
     responsibilities, including preventing attacks on United 
     States personnel and facilities.
       (6) State department support.--
       (A) Foreign emergency support team.--The Foreign Emergency 
     Support Team (FEST) of the Department of State shall receive 
     sufficient support from the Department, including--
       (i) conducting routine training exercises of the FEST;
       (ii) providing personnel identified to serve on the FEST as 
     a collateral duty;
       (iii) providing personnel to assist in activities such as 
     security, medical relief, public affairs, engineering, and 
     building safety; and
       (iv) providing such additional support as may be necessary 
     to enable the FEST to provide support in a post-crisis 
     environment involving mass casualties and physical damage.
       (B) Fest aircraft.--
       (i) Replacement aircraft.--The President shall develop a 
     plan to replace on a priority basis the current FEST aircraft 
     funded by the Department of Defense with a dedicated, 
     capable, and reliable replacement aircraft and backup 
     aircraft to be operated and maintained by the Department of 
     Defense.
       (ii) Report.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit a report to 
     the appropriate congressional committees describing the 
     aircraft selected pursuant to clause (i) and the arrangements 
     for the funding, operation, and maintenance of such aircraft.
       (iii) Authority to lease aircraft to respond to a terrorist 
     attack abroad.--Subject to the availability of 
     appropriations, when the Attorney General of the Department 
     of Justice exercises the Attorney General's authority to 
     lease commercial aircraft to transport equipment and 
     personnel in response to a terrorist attack abroad if there 
     have been reasonable efforts to obtain appropriate Department 
     of Defense aircraft and such aircraft are unavailable, the 
     Attorney General shall have the authority to obtain 
     indemnification insurance or guarantees if necessary and 
     appropriate.
       (7) Rapid response procedures.--The Secretary of State 
     shall enter into a memorandum of understanding with the 
     Secretary of Defense setting out rapid response procedures 
     for mobilization of personnel and equipment of their 
     respective departments to provide more effective assistance 
     in times of emergency with respect to United States 
     diplomatic facilities.
       (8) Storage of emergency equipment and records.--All United 
     States diplomatic facilities shall have emergency equipment 
     and records required in case of an emergency situation stored 
     at an off-site facility.
       (b) Statutory Construction.--Nothing in this section alters 
     or amends existing security requirements not addressed by 
     this section.

     SEC. 607. REPORT ON OVERSEAS PRESENCE.

       (a) Review.--The Secretary of State shall review the 
     findings of the Overseas Presence Advisory Panel of the 
     Department of State.
       (b) Report.--
       (1) In general.--Not later than 120 days after submission 
     of the Overseas Presence Advisory Panel Report, the Secretary 
     of State shall submit a report to the appropriate 
     congressional committees setting forth the results of the 
     review conducted under subsection (a).
       (2) Elements of the report.--To the extent not addressed by 
     the review described in subsection (a), the report shall 
     also--
       (A) specify whether any United States diplomatic facility 
     should be closed because--
       (i) the facility is highly vulnerable and subject to threat 
     of terrorist attack; and
       (ii) adequate security enhancements cannot be provided to 
     the facility;
       (B) in the event that closure of a diplomatic facility is 
     required, identify plans to provide secure premises for 
     permanent use by the United States diplomatic mission, 
     whether in country or in a regional United States diplomatic 
     facility, or for temporary occupancy by the mission in a 
     facility pending acquisition of new buildings;
       (C) outline the potential for reduction or transfer of 
     personnel or closure of missions if technology is adequately 
     exploited for maximum efficiencies;
       (D) examine the possibility of creating regional missions 
     in certain parts of the world;
       (E) in the case of diplomatic facilities that are part of 
     the Special Embassy Program, report on the foreign policy 
     objectives served by retaining such missions, balancing the 
     importance of these objectives against the well-being of 
     United States personnel; and
       (F) examine the feasibility of opening new regional 
     outreach centers, modeled on the system used by the United 
     States Embassy in Paris, France, with each center designed to 
     operate--
       (i) at no additional cost to the United States Government;
       (ii) with staff consisting of one or two Foreign Service 
     officers currently assigned to the United States diplomatic 
     mission in the country in which the center is located; and
       (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 chairman of the Committee on Foreign Relations of the 
     Senate and the Speaker of the House of Representatives--
       ``(1) that a Board has been convened;
       ``(2) of the membership of the Board; and
       ``(3) of other appropriate information about the Board.''.

     SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.

       Not later than six months after the date of the enactment 
     of this Act, the Secretary of State, in consultation with the 
     Secretary of the Treasury and the Attorney General, shall 
     submit a report to the appropriate congressional committees 
     on a proposed operational plan and site selection to 
     expeditiously establish an International Law Enforcement 
     Academy (ILEA) on the continent of Africa in order to 
     increase training and cooperation on the continent in anti-
     terrorism and transnational crime fighting.

         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

 Subtitle A--International Organizations Other than the United Nations

     SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF 
                   CERTAIN INTERPARLIAMENTARY GROUPS.

       (a) Transatlantic Legislators' Dialogue.--Section 109(c) of 
     the Department of State Authorization Act, Fiscal Years 1984 
     and 1985 (22 U.S.C. 276 note) is amended by striking ``United 
     States-European Community Interparliamentary Group'' and 
     inserting ``Transatlantic Legislators' Dialogue (United 
     States-European Union Interparliamentary Group)''.
       (b) NATO Parliamentary Assembly--
       (1) In general.--The joint resolution entitled ``Joint 
     Resolution to authorize participation by the United States in 
     parliamentary conferences of the North Atlantic Treaty 
     Organization'', approved July 11, 1956 (22 U.S.C. 1928a et 
     seq.), is amended in sections 2, 3, and 4 (22 U.S.C. 1928b, 
     1928c, and 1928d, respectively) by striking ``North Atlantic 
     Assembly'' each place it appears and inserting ``NATO 
     Parliamentary Assembly''.
       (2) Conforming amendment.--Section 105(b) of the 
     Legislative Branch Appropriation Act, 1961 (22 U.S.C. 276c-1) 
     is amended by striking ``North Atlantic Assembly'' and 
     inserting ``NATO Parliamentary Assembly''.
       (3) References.--In the case of any provision of law having 
     application on or after May 31, 1999 (other than a provision 
     of law specified in subparagraphs (A) or (B)), any reference 
     contained in that provision to the North Atlantic Assembly 
     shall, on and after that date, be considered to be a 
     reference to the NATO Parliamentary Assembly.

     SEC. 702. AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER 
                   COMMISSION TO ASSIST STATE AND LOCAL 
                   GOVERNMENTS.

       (a) Authority.--The Commissioner of the United States 
     section of the International

[[Page H12558]]

     Boundary and Water Commission may provide 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 of the United States on or after the 
     date of enactment of this Act.
       (c) International Criminal Court Defined.--In this section, 
     the term ``International Criminal Court'' means the court 
     established by the Rome Statute of the International Criminal 
     Court, adopted by the United Nations Diplomatic Conference of 
     Plenipotentiaries on the Establishment of an International 
     Criminal Court on July 17, 1998.

     SEC. 706. PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED 
                   STATES CITIZENS TO THE INTERNATIONAL CRIMINAL 
                   COURT.

       (a) Prohibition on Extradition.--None of the funds 
     authorized to be appropriated or otherwise made available by 
     this or any other Act may be used to extradite a United 
     States citizen to a foreign country that is under an 
     obligation to surrender persons to the International Criminal 
     Court unless that foreign country confirms to the United 
     States that applicable prohibitions on reextradition apply to 
     such surrender or gives other satisfactory assurances to the 
     United States that the country will not extradite or 
     otherwise transfer that citizen to the International Criminal 
     Court.
       (b) Prohibition on Consent to Extradition by Third 
     Countries.--None of the funds authorized to be appropriated 
     or otherwise made available by this or any other Act may be 
     used to provide consent to the extradition or transfer of a 
     United States citizen by a foreign country to a third country 
     that is under an obligation to surrender persons to the 
     International Criminal Court, unless the third country 
     confirms to the United States that applicable prohibitions on 
     reextradition apply to such surrender or gives other 
     satisfactory assurances to the United States that the third 
     country will not extradite or otherwise transfer that citizen 
     to the International Criminal Court.
       (c) Definition.--In this section, the term ``International 
     Criminal Court'' has the meaning given the term in section 
     705(c) of this Act.

     SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.

       Section 2505 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (as contained in division G of 
     Public Law 105-277) is amended--
       (1) in subsection (a), by striking ``by this division for 
     fiscal year 1999'' and inserting ``for the Department of 
     State for fiscal year 2000 or 2001''; and
       (2) in subsection (d), by striking ``not later than April 
     1, 1999,'' and inserting ``on January 31 of the years 2000 
     and 2001 and July 31 of the years 2000 and 2001,''.

     SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL 
                   ATOMIC ENERGY AGENCY.

       (a) Amendment to the United Nations Participation Act of 
     1945.--Section 2(h) of the United Nations Participation Act 
     of 1945 (22 U.S.C. 287(h)) is amended by adding at the end 
     the following new sentence: ``The representative of the 
     United States to the Vienna office of the United Nations 
     shall also serve as representative of the United States to 
     the International Atomic Energy Agency.''.
       (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:

     ``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

[[Page H12559]]

       ``(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
       ``(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 
     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.
       ``(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 participation 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 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)).

[[Page H12560]]

       ``(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:
       ``(g) Relationship to Other Notification Requirements.--
     Nothing in this section is intended to alter or supersede any 
     notification requirement with respect to peacekeeping 
     operations that is established under any other provision of 
     law.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

     SEC. 801. DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN 
                   NATIONALS ENGAGED IN ESTABLISHMENT OR 
                   ENFORCEMENT OF FORCED ABORTION OR STERILIZATION 
                   POLICY.

       (a) Denial of Entry.--Notwithstanding any other provision 
     of law, the Secretary of State may not issue any visa to, and 
     the Attorney General may not admit to the United States, any 
     foreign national whom the Secretary finds, based on credible 
     and specific information, to have been directly involved in 
     the establishment or enforcement of population control 
     policies forcing a woman to undergo an abortion against her 
     free choice or forcing a man or woman to undergo 
     sterilization against his or her free choice, unless the 
     Secretary has substantial grounds for believing that the 
     foreign national has discontinued his or her involvement 
     with, and support for, such policies.
       (b) Exceptions.--The prohibitions in subsection (a) shall 
     not apply in the case of a foreign national who is a head of 
     state, head of government, or cabinet level minister.
       (c) Waiver.--The Secretary of State may waive the 
     prohibitions in subsection (a) with respect to a foreign 
     national if the Secretary--
       (1) determines that it is important to the national 
     interest of the United States to do so; and
       (2) provides written notification to the appropriate 
     congressional committees containing a justification for the 
     waiver.

     SEC. 802. TECHNICAL CORRECTIONS.

       (a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and 
     Restructuring Act (as contained in division G of Public Law 
     105-277; 112 Stat. 2681-792) is amended by striking 
     ``divisionAct'' and inserting ``division''.
       (b) Section 1002(a) of the Foreign Affairs Reform and 
     Restructuring Act (as contained in division G of Public Law 
     105-277; 112 Stat. 2681-762) is amended by striking paragraph 
     (3).
       (c) The table of contents of division G of Public Law 105-
     277 (112 Stat. 2681-762) is amended by striking 
     ``division__'' and inserting ``division g''.
       (d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is 
     amended in the first sentence by striking ``Secretary'' the 
     first place it appears and inserting ``Secretary, in 
     consultation with the Secretary of State,''.

     SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN 
                   SAHARA.

       (a) Reports Required.--
       (1) In general.--Not later than each of the dates specified 
     in paragraph (2), the Secretary of State shall submit a 
     report to the appropriate congressional committees describing 
     specific 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.''.

     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.
       (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.

[[Page H12561]]

       (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).''.

                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.

     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.''.
       (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.
       (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''.

[[Page H12562]]

     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.--
       (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 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.--
       (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.--
       (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

[[Page H12563]]

     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 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 
     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.
       (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 
     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

[[Page H12564]]

     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 
     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;
       (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.

                        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.--
       (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.

[[Page H12565]]

       (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)--
       (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.

     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.

    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''.
       (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

[[Page H12566]]

     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 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 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, 
     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

[[Page H12567]]

     (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 
     into in connection with such sale (if known on the date of 
     transmittal of such statement);
       ``(4) the projected delivery dates of the articles or 
     services to be exported or reexported; and
       ``(5) the extent to which the recipient country in the 
     previous two years has engaged in any of the actions 
     specified in subparagraph (A), (B), or (C) of section 129(2) 
     of the Atomic Energy Act of 1954.

     SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL 
                   REGIME.

       (a) Clarification of Requirement for Control.--Section 74 
     of the Arms Export Control Act (22 U.S.C. 2797c) is amended--
       (1) by inserting ``(a) In General.--'' before ``For 
     purposes of''; and
       (2) by adding at the end the following:
       ``(b) International Understanding Defined.--For purposes of 
     subsection (a)(3), as it relates to any international 
     understanding concluded with the United States after January 
     1, 2000, the term `international understanding' means--
       ``(1) any specific agreement by a country not to export, 
     transfer, or otherwise engage in the trade of any MTCR 
     equipment or technology that contributes to the acquisition, 
     design, development, or production of missiles in a country 
     that is not an MTCR adherent and would be, if it were United 
     States-origin equipment or technology, subject to the 
     jurisdiction of the United States under this Act; or
       ``(2) any specific understanding by a country that, 
     notwithstanding section 73(b) of this Act, the United States 
     retains the right to take the actions under section 73(a)(2) 
     of this Act in the case of any export or transfer of any MTCR 
     equipment or technology that contributes to the acquisition, 
     design, development, or production of missiles in a country 
     that is not an MTCR adherent and would be, if it were United 
     States-origin equipment or technology, subject to the 
     jurisdiction of the United States under this Act.''.
       (b) Clarification of Applicability.--Section 73(b) of the 
     Arms Export Control Act (22 U.S.C. 2797b(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving such 
     subparagraphs 2 ems to the right;
       (2) by striking ``Subsection (a)'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     subsection (a)''; and
       (3) by adding at the end the following:
       ``(2) Limitation.--Notwithstanding paragraph (1), 
     subsection (a) shall apply to an entity subordinate to a 
     government that engages in exports or transfers described in 
     section 498A(b)(3)(A) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2295a(b)(3)(A)).''.
       (c) Enforcement Actions.--Section 73(c) of the Arms Export 
     Control Act (22 U.S.C. 2797b(c)) is amended by inserting 
     before the period at the end the following: ``, and if the 
     President certifies to the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives that--
       ``(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 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 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''.

[[Page H12568]]

     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'.''.

     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).
       (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.
       (7) Unilateral efforts by the United States to prohibit 
     offsets may be impractical in the current era of 
     globalization and would severely hinder the competitiveness 
     of the United States defense industry in the global market.
       (8) The development of global standards to manage and 
     restrict demands for offsets would enhance United States 
     efforts to mitigate the negative impact of offsets.
       (b) Declaration of Policy.--It is the policy of the United 
     States to monitor the use of offsets in international defense 
     trade, to promote fairness in such trade, and to ensure that 
     foreign participation in the production of United States 
     weapons systems does not harm the economy of the United 
     States.

     SEC. 1243. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on International Relations of the House 
     of Representatives.
       (2) G-8.--The term ``G-8'' means the group consisting of 
     France, Germany, Japan, the United Kingdom, the United 
     States, Canada, Italy, and Russia established to facilitate 
     economic cooperation among the eight major economic powers.
       (3) Offset.--The term ``offset'' means the entire range of 
     industrial and commercial benefits provided to foreign 
     governments as an inducement or condition to purchase 
     military goods or services, including benefits such as 
     coproduction, licensed production, subcontracting, technology 
     transfer, in-country procurement, marketing and financial 
     assistance, and joint ventures.
       (4) Transatlantic economic partnership.--The term 
     ``Transatlantic Economic Partnership'' means the joint 
     commitment made by the United States and the European Union 
     to reinforce their close relationship through an initiative 
     involving the intensification and extension of multilateral 
     and bilateral cooperation and common actions in the areas of 
     trade and investment.
       (5) Wassenaar arrangement.--The term ``Wassenaar 
     Arrangement'' means the multilateral export control regime in 
     which the United States participates that seeks to promote 
     transparency and responsibility with regard to transfers of 
     conventional armaments and sensitive dual-use items.
       (6) World trade organization.--The term ``World Trade 
     Organization'' means the organization established pursuant to 
     the WTO Agreement.
       (7) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.

     SEC. 1244. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the executive branch should pursue efforts to address 
     trade fairness by establishing reasonable, business-friendly 
     standards for the use of offsets in international business 
     transactions between the United States and its trading 
     partners and competitors;
       (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.--

[[Page H12569]]

       (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 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
       (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.
       (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''.

     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:

[[Page H12570]]

       ``(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.

     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).
       (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;
       (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

[[Page H12571]]

     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 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 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 of 
     HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST 
     Ship Memorial, Inc.
       (2) Conditions for consent.--The President should not 
     exercise the authority under paragraph (1) unless USS LST 
     Memorial, Inc.--
       (A) utilizes the vessel for public, nonprofit, museum-
     related purposes; and
       (B) complies with applicable law with respect to the 
     vessel, including law related to demilitarization of guns 
     prior to transfer and to facilitation of Federal Government 
     monitoring and mitigation of potential environmental hazards 
     associated with aging vessels, and has a demonstrated 
     financial capability to so comply.

     SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.

       (a) Information Relating to Military Assistance and 
     Military Exports.--Section 655(b) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2415(b)) is amended to read as 
     follows:
       ``(b) Information Relating to Military Assistance and 
     Military Exports.--Each such report shall show the aggregate 
     dollar value and quantity of defense articles (including 
     excess defense articles), defense services, and international 
     military education and training activities authorized by the 
     United States and of such articles, services, and activities 
     provided by the United States, excluding any activity that is 
     reportable under title V of the National Security Act of 
     1947, to each foreign country and international organization. 
     The report shall specify, by category, whether such defense 
     articles--
       ``(1) were furnished by grant under chapter 2 or chapter 5 
     of part II of this Act or under any other authority of law or 
     by sale under chapter 2 of the Arms Export Control Act;
       ``(2) were furnished with the financial assistance of the 
     United States Government, including through loans and 
     guarantees; or
       ``(3) were licensed for export under section 38 of the Arms 
     Export Control Act.''.
       (b) Availability on Internet.--Section 655 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2415) is amended by adding 
     at the end the following:
       ``(d) Availability on Internet.--All unclassified portions 
     of such report shall be made available to the public on the 
     Internet through the Department of State.''.

     SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.

       Chapter 3 of part III of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2401 et seq.) is amended by inserting after 
     section 655 the following:

     ``SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.

       ``(a) Annual Report.--Not later than January 31 of each 
     year, the Secretary of Defense and the Secretary of State 
     shall jointly prepare and submit to the appropriate 
     congressional committees a report on all military training 
     provided to foreign military personnel by the Department of 
     Defense and the Department of State during the previous 
     fiscal year and all such training proposed for the current 
     fiscal year.
       ``(b) Contents.--The report described in subsection (a) 
     shall include the following:
       ``(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

[[Page H12572]]

     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).
       (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;
       (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 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''.
       Following is explanatory language on H.R. 3427, as 
     introduced on November 17, 1999.

               EXPLANATORY STATEMENT RELATED TO H.R. 3427

     THE ADMIRAL JAMES W. NANCE AND MEG DONOVAN FOREIGN RELATIONS 
               AUTHORIZATION ACT, FISCAL YEARS 2000-2001

        Authorizations of Appropriations for Department of State


                   ADMINISTRATION OF FOREIGN AFFAIRS

     Diplomatic and Consular Programs
       Section 101 authorizes $2,837,772,000 in appropriations 
     under the heading ``Diplomatic and Consular Programs'' for 
     fiscal year 2000 and $3,263,438,000 for fiscal year 2001, and 
     includes earmarks for the Bureau of Democracy and Human 
     Rights, recruitment of minority groups, and the recurring 
     costs of worldwide security upgrades for each fiscal year.
     Capital Investment Fund
       Section 101 authorizes $90,000,000 in appropriations under 
     the heading ``Capital Investment Fund'' for fiscal year 2000 
     and $150,000,000 for fiscal year 2001.
     Embassy Security, Construction and Maintenance
       Section 101 authorizes $434,066,000 in appropriations under 
     the heading ``Security and Maintenance of U.S. Missions'' for 
     fiscal year 2000 and $445,000,000 in fiscal year 2001. In 
     addition, the Security and Maintenance account is renamed the 
     ``Embassy Security, Construction and Maintenance'' account. 
     (Funding for security related construction is in section 
     604.)
     Representation Allowances
       Section 101 authorizes $5,850,000 in appropriations under 
     the heading ``Representation Allowances'' for fiscal years 
     2000 and 2001.
     Emergencies in the Diplomatic and Consular Service
       Section 101 authorizes $17,000,000 in appropriations under 
     the heading ``Emergencies in the Diplomatic and Consular 
     Service'' for fiscal years 2000 and 2001.

[[Page H12573]]

     Office of the Inspector General
       Section 101 authorizes $30,054,000 in appropriations under 
     the heading ``Office of Inspector General'' for fiscal years 
     2000 and 2001.
     American Institute in Taiwan
       Section 101 authorizes $15,760,000 in appropriations under 
     the heading ``American Institute in Taiwan'' for fiscal year 
     2000 and $15,918,000 in fiscal year 2001.
     Protection of Foreign Missions and Officials
       Section 101 authorizes $9,490,000 in appropriations under 
     the heading ``Protection of Foreign Missions and Officials'' 
     for fiscal years 2000 and 2001.
     Repatriation Loans
       Section 101 authorizes $1,200,000 in appropriations under 
     the heading ``Repatriation Loans Program Account'' for fiscal 
     years 2000 and 2001.


                       INTERNATIONAL COMMISSIONS

       Section 102 authorizes $52,043,000 in appropriations under 
     the heading ``International Commissions'' for fiscal years 
     2000 and 2001.


                    MIGRATION AND REFUGEE ASSISTANCE

       Section 103 authorizes $750,000,000 for each of fiscal 
     years 2000-2001. Where local expertise is unavailable, the 
     rape counseling provided for in this provision should be 
     provided through international organizations, U.S.-based non-
     governmental organizations, nonprofit organizations, or 
     health organizations and should be culturally appropriate and 
     could be part of a comprehensive program of assistance aimed 
     at reintegrating these women into their communities or 
     resettling them elsewhere as appropriate.


    UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

       Section 104 authorizes $112,000,000 in fiscal year 2000 and 
     $120,000,000 in fiscal year 2001 for Fulbright Exchanges, and 
     $98,329,000 in fiscal year 2000 and $105,000,000 in fiscal 
     year 2001 for other educational and cultural programs. In 
     addition, the bill includes certain earmarks.
     Arab-Israeli Peace Partners Program
       This section includes an earmark for the Arab Israeli Peace 
     Partners program. The program is intended to reach out to new 
     groups of people who can influence and improve mutual 
     understanding in the Middle East. The program is to include 
     participants from Israel, the Palestinian Authority, Arab 
     countries and the United States. The focus of the program is 
     the promotion of mutual understanding and conflict 
     resolution. The Arab-Israeli Peace Partners program should 
     include college and graduate students, as well as leaders and 
     public policy advocates in various professions. Professionals 
     in the fields of primary and high school education, 
     administration of justice, journalism, communications, 
     government, health, environment, technology, law or other 
     community leaders are of particular importance. These people 
     have the ability to reach out to other networks of people who 
     can benefit from their experience.
       Grouping these exchanges by profession can stimulate like-
     minded individuals who have common ground for interaction to 
     pursue other significant issues relevant to a more lasting 
     peace process. The managers draw particular attention to the 
     Seeds of Peace, an innovative and widely respected 
     organization that helps Arab and Israeli teenagers overcome 
     prejudice and build positive relationships. This has been a 
     successful undertaking that focuses on future leaders. The 
     Arab-Israeli program will provide those currently in the 
     workforce or soon to enter with tools to establish the common 
     ground for peaceful coexistence in the region.
     Vietnam Fulbright Program
       This section also authorizes $4,000,000 for each of fiscal 
     years 2000-2001 for the Vietnam Fulbright Program. The 
     current lack of political and religious freedom in Vietnam 
     raises concerns. However, exchange programs of this nature, 
     which provide educational opportunities and exposure to 
     American institutions and values, can be important tools in 
     hastening the transition of countries like Vietnam into free 
     and open societies. However, the Vietnamese Government does 
     not select the participants in this program and any 
     Vietnamese citizen can apply for admission to this program.
       The State Department is expected to continue to ensure that 
     opportunities to participate in the program are made 
     available to all qualified applicants and to administer this 
     program under the guidelines set out in section 102 of the 
     Human Rights, Refugee, and Other Foreign Provisions Act of 
     1996 (Public Law 104-319), as modified in this Act. The 
     success of the Vietnam Fulbright Program and similar programs 
     in like countries will be marked by the extent of progress 
     toward freedom and democracy. The appropriate Congressional 
     committees will continue to monitor this program to evaluate 
     its impact on such progress.


                     GRANTS TO THE ASIA FOUNDATION

       Section 105 authorizes $15,000,000 in appropriations under 
     the heading ``The Asia Foundation'' for fiscal years 2000 and 
     2001.


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       Section 106 authorizes $940,000,000 in appropriations for 
     fiscal year 2000 and such sums as may be necessary for fiscal 
     year 2001 under the heading ``Contributions to International 
     Organizations (CIO)'', and includes the following conditions:
     No Growth Budget
       Of the funds authorized, subsection (b) makes available 
     $80,000,000 on an annual basis only when the Secretary of 
     State certifies to the Congress that no action has been taken 
     by the United Nations to increase the United Nations 1998-99 
     budget of $2,533,000,000 during that period without finding 
     an offset elsewhere in the United Nations budget during that 
     period.
     Inspector General
       Of the funds authorized, subsection (c) withholds 20 
     percent of the funds made available for the United Nations 
     until the Secretary of State certifies that the Office of 
     Internal Oversight Services (OIOS) continues to function as 
     an independent inspector general. This section requires the 
     Director of the OIOS to report directly to the Secretary 
     General on the adequacy of his resources and a certification 
     by the Secretary of State that the OIOS has the 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. With regard to the distribution of reports 
     required by this provision, what is essential is that the 
     United States (and other Member States) have access to all 
     annual and other relevant reports without modification, 
     except to the extent it is necessary to protect the privacy 
     rights of individuals. When privacy rights are impacted, the 
     reports may be redacted to protect individuals. However, it 
     is not anticipated that wrongdoers cited in such reports 
     would be entitled to privacy protections.
     Prohibition on Certain U.N. Global Conferences
       Of the funds authorized, subsection (d) prohibits U.S. 
     funding of U.N. global conferences, except that it exempts 
     conferences that were approved by the United Nations prior to 
     October 1, 1998. The U.N. Global Conferences referred to in 
     this section are those organized on a one-time basis with 
     universal participation to address a single subject, such as 
     the environment or population, outside of the normal course 
     of regularly scheduled deliberations by existing U.N. bodies. 
     For example, this section would have applied to the Rio Earth 
     Summit, the Beijing Women's Conference, or the Habitat 
     Conference. Should the U.N. schedule a conference of this 
     kind during the two fiscal years under this Act, the United 
     States will not fund such a conference nor any arrears 
     related to such a conference. This section does not include 
     conferences directed to the achievement of a binding 
     international agreement, or other legal instrument, on a 
     particular matter (such as the negotiation on the control and 
     elimination of anti-personnel land mines in the U.N. 
     Conference on anti-personnel land mines in the U.N. 
     Conference on Conventional Weapons and the U.N. Conference on 
     Disarmament).
     Prohibition on Funding Organizations Other Than the United 
         Nations From the United Nations Regular Budget
       Of the funds authorized, subsection (e) prohibits the U.S. 
     contribution to the United Nations regular budget from being 
     used to fund the operating cost of organizations that have 
     been established through a framework treaty. Such 
     organizations are those established under separate treaties 
     of a framework nature, composed only of parties to the 
     treaties, having their own secretariats. This term does not 
     include U.N. human rights treaty bodies. Should any framework 
     treaty organization be funded out of the regular budget, the 
     provision will require that the U.S. withhold from it U.S. 
     assessment to the U.N. budget the United States share of the 
     amount budgeted for such organizations.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       Section 107 authorizes appropriation of $500,000,000 in 
     fiscal year 2000 and such sums as may be necessary for fiscal 
     year 2001 for assessed contributions to international 
     peacekeeping activities under United Nations auspices.


         VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       Section 108 authorizes $293,000,000 in fiscal year 2000 and 
     such sums as may be necessary for fiscal year 2001 with 
     certain limitations. Although the section does not include an 
     earmark for a grant to UNICEF for fiscal year 2001, it is 
     expected that such a grant should be made in the amount of at 
     least $110,000,000.


          UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

       Section 121 authorizes $385,900,000 in fiscal year 2000 and 
     $393,618,000 in fiscal year 2001 for international 
     broadcasting activities; $20,868,000 in fiscal year 2000 and 
     $20,868,000 for fiscal year 2001 broadcasting capital 
     improvements; $22,743,000 in fiscal year 2000 and $22,743,000 
     in fiscal year 2001 for Broadcasting to Cuba, and $24,000,000 
     in fiscal year 2000, and $30,000,000 in fiscal year 2001 for 
     Radio Free Asia. Although it does not contain a further 
     limitation for Radio and TV Marti, some note that there is 
     increasing evidence that the Cuban dictatorship has 
     intensified its efforts at disrupting the broadcasts of Radio 
     Marti and TV Marti and now is receiving additional assistance 
     toward this end from Chinese military and technical experts. 
     It is expected that all possible efforts will be taken by the 
     Broadcasting Board of Governors and the Office of Cuba 
     Broadcasting to overcome these attempts, including the 
     development and implementation of new technology and 
     enhancement of current

[[Page H12574]]

     methods to strengthen and improve the transmission 
     capabilities of Radio Marti and TV Marti.
       In addition, the Broadcasting Board of Governors should 
     provide an update of the status of all lawsuits brought 
     against the Voice of America (VOA) regarding minorities and 
     women, and VOA's efforts in the area of minority recruitment. 
     A written description of these issues should be provided to 
     the appropriate committees by February 1, 2000.

             Department of State Authorities and Activities


                      OFFICE OF CHILDREN'S ISSUES

       Section 201 requires the State Department to make several 
     changes with regard to its handling of international parental 
     abduction and other children's issues. The section requires 
     that: (1) the Director of the office is an individual of 
     senior rank who can ensure long-term continuity to the 
     office; (2) the staffing levels of the office include 
     sufficient caseworkers so that the average caseload is 75; 
     (3) each embassy designate a point of contact on parental 
     abduction issues and the director of the office must 
     regularly inform the contact of cases in that country and (4) 
     parents are regularly informed of the status of pending 
     cases. This office has been understaffed in the past, and 
     more effort should be devoted to assisting parents to obtain 
     the return of, or access to, their wrongfully abducted 
     children. The issues of this office are not receiving 
     adequate priority in diplomatic efforts by the United 
     States--particularly in countries which have ratified the 
     Hague Convention on the Civil Aspects of International Child 
     Abduction (like Austria, Germany and Sweden) but are not 
     implementing fully their commitments under the treaty. Those 
     countries should be encouraged to establish organizations 
     like the National Center for Missing and Exploited Children 
     to assist with treaty implementation.


   STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE CIVIL 
                ASPECTS OF INTERNATIONAL CHILD ABDUCTION

       Section 202 extends and supplements existing reporting 
     requirement for fiscal years 2000-2001. The report by the 
     Secretary of State submitted in April 1999 pursuant to 
     Section 2803(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) on compliance 
     with the Hague Convention on the Civil Aspects of 
     International Child Abduction failed to provide information 
     consistent with the intent of the Congress to have a full 
     accounting of cases of violations of, and a listing of 
     countries that are non-compliant with, the Convention. 
     Specifically, the report's finding that there are only 58 
     cases unresolved after 18 months, which fails to mention the 
     country involved, renders the report almost useless. While 
     stipulating that this listing of unresolved cases does not 
     include those cases considered closed by the U.S. government, 
     the report fails to include the criteria by which the 
     decision to close a case is made.
       This provision extends the reporting requirement to fiscal 
     years 2000 and 2001, and expands the scope of the report in 
     order to elicit information that will adequately inform 
     parents and judges involved in custody cases where there is a 
     significant possibility that a child could be removed by a 
     non-custodial parent to a country which contains a record of 
     non-compliance with the Hague Convention. The new information 
     that the Congress is requesting is intended to highlight the 
     probability that an abducted, or wrongfully retained, child 
     can be reasonably expected to be returned from a country that 
     is a party to the Hague Convention based on its past record 
     of compliance, and whether access to a child, either through 
     the orders of that country's courts, or through U.S. court 
     orders, has been enforced by the government concerned in the 
     past.


                  REPORT CONCERNING ATTACK IN CAMBODIA

       Section 203 requires reports by the Secretary in 
     consultation with the Attorney General, regarding the 
     investigation of the March 30, 1997 grenade attack in 
     Cambodia.


                       INTERNATIONAL EXPOSITIONS

       Section 204 does the following: (a) requires periodic 
     reports to the Congress from the commissioners general of 
     major United States pavilions or exhibits; (b) requires 
     advance notification to the relevant committees before the 
     Department of State obligates funds which may be made 
     available by another agency of the United States to the 
     Department of State for a major United States pavilion or 
     exhibit; (c) clarifies that, absent express authorization and 
     appropriation, the support that the Department of State may 
     provide for major pavilions or exhibits under section 
     102(a)(3) of the Mutual Education and Cultural Exchange Act 
     shall be for administrative purposes only (such as contract 
     administration, legal and other advice, and similar support) 
     and not for operating or capital expenses; (d) amends the 
     general prohibition against the obligation of ``any funds'' 
     by the State Department for non-expressly-authorized major 
     United States pavilions or exhibits to apply only to funds 
     appropriated to the State Department; and (e) makes certain 
     other technical changes. The reprogramming procedures will 
     apply to notifications under subsection (c) of this section.
     The United States Exhibition in Hannover, Germany
       Recent reports suggest that sufficient private funds have 
     not been raised to construct or operate the United States 
     pavilion at the forthcoming Hannover, Germany international 
     exposition. A clear policy has been in effect for years that 
     taxpayer funds should not be used for the construction and 
     operation of such pavilions. Despite that policy, commitments 
     have been made to construct an elaborate pavilion at 
     Hannover, even though privately raised funds are insufficient 
     and there has been no formal request for an authorization 
     of appropriations. There is reason to be concerned that 
     public funds may be informally requested to construct and 
     operate a pavilion outside normal budgetary processes, as 
     apparently occurred in the case of the Lisbon pavilion in 
     1998. The Administration should address these concerns in 
     the immediate future in communications to the relevant 
     committees.


  RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-AMERICAN 
           FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION

       Section 205 gives to the Inspector General of the United 
     States Agency for International Development (USAID) the 
     responsibility for the supervision, direction, and control of 
     all audits and investigative activities relating to the 
     programs and operations of the Inter-American Foundation 
     (IAF) and the African Development Foundation (ADF). In the 
     interest of ensuring the independent operations of the 
     Inspector General, and that audits and investigations not be 
     dependent upon the availability of funds to the IAF and the 
     ADF, it was decided not to include a provision mandating that 
     the IAF and ADF reimburse the Inspector General for all costs 
     incurred with regard to audits and investigations of programs 
     and activities of those agencies. Nonetheless, any such costs 
     shall be reimbursed to the IG at the IG's request.


                    REPORT ON CUBAN DRUG TRAFFICKING

       Section 206 requires the Secretary of State to report on 
     the extent of international narcotics traffic through Cuba, 
     the extent of involvement by the Cuban government, its agents 
     and entities, and United States actions to investigate or 
     prosecute such acts. The report may include an assessment of 
     the credibility of the information, in which case it shall 
     also include a statement of the reasons for such assessment. 
     The section provides for a classified annex in order to 
     ensure that the inclusion of information in the report will 
     not compromise ongoing investigations. The exclusion from the 
     unclassified report of ``matters occurring before the grand 
     jury'' within the meaning of Federal Rule of Criminal 
     Procedure 6(e) will be governed by the Rule to the same 
     extent as the Rule would govern disclosure of such material 
     to the public, and inclusion of such material in the 
     classified annex shall be subject to the Rule to the same 
     extent as the Rule would govern the sharing of such material 
     among attorneys for the government. Information in the 
     possession of the government which is subsequently given to a 
     grand jury does not thereby automatically become grand jury 
     material within the meaning of the Rule, although other 
     considerations, such as protecting from disclosure the 
     identities or testimony of witnesses, or information which 
     would reveal the strategy or direction of an active 
     investigation, is also protected by the Rule.


                   REVISION OF REPORTING REQUIREMENT

       Section 207 reduces the frequency of a current reporting 
     requirement regarding Iraq.


                      FOREIGN LANGUAGE PROFICIENCY

       Section 208 requires an annual report to Congress 
     containing data showing how many overseas positions are 
     filled by language-qualified personnel. This reporting 
     requirement replaces an analogous reporting provision in 
     Section 304(c) of the Foreign Service Act of 1980.


                 CONTINUATION OF REPORTING REQUIREMENTS

       Section 209 extends certain reports for fiscal years 2000-
     2001. In addition, the provision preserves certain reports 
     that would otherwise be sunsetted by legislation enacted in 
     1995 repealing a number of reports government-wide.


    JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL, 
                 SCIENTIFIC, CULTURAL AND RELATED AREAS

       Section 210 allows the State Department to use the interest 
     earned on funds held under bilateral agreements for 
     scientific, cultural, and technical cooperation to pay the 
     programmatic and administrative expenses of these programs.


                  REPORT ON INTERNATIONAL EXTRADITION

       Section 211 requires a report by the Secretary of State 120 
     days after enactment regarding a review of all extradition 
     treaties and agreements to which the U.S. is a party.


                          Consular Authorities

                         MACHINE READABLE VISAS

       Section 231 authorizes the collection and use of fees for 
     up to $316,715,000 for each of fiscal years 2000-2002; fees 
     collected above that amount are subject to reprogramming 
     procedures.


                 FEES RELATING TO AFFIDAVITS OF SUPPORT

       Section 232 allows the Secretary of State to charge a fee 
     for services provided by the State Department for assistance 
     in the preparation and filing of an affidavit of support as 
     required by section 213A of the Immigration and Nationality 
     Act.


                             PASSPORT FEES

       Section 233 repeals an anachronistic provision of the 
     Passport Act of 1920 that provided for the discretionary 
     refund of passport fees in the event that a traveler was not 
     able to

[[Page H12575]]

     obtain a visa to the country of intended travel. That 
     authority, which reflects long-outmoded passport practices, 
     is no longer used. According to statistics provided by the 
     Department of State, approximately twenty-eight percent of 
     the passport fee refunds during fiscal year 1998 were to 
     applicants determined to be non-citizens or otherwise 
     ineligible to receive passports. Approximately ten percent 
     were to persons who withdrew their applications, and about 
     fifty percent of the refunds were to persons who may have 
     been citizens but who were unable to provide acceptable 
     documentation of their citizenship. Applicants in the 
     latter category typically provided documents unacceptable 
     to the Department, such as birth certificates provided by 
     a hospital, and were deemed to have abandoned their cases 
     after failing to respond to requests for supplementary 
     documentation. The regulations described in this 
     subsection will provide for the reinstatement or revival 
     of applications without payment of an additional fee, 
     where the application has been denied on the sole ground 
     of inadequate documentation and such documentation is 
     subsequently provided.


          DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD

       Section 234 repeals section 1709 of the Revised Statutes 
     (22 U.S.C. 4195) and replaces it with new provisions in the 
     State Department Basic Authorities Act to provide a modified 
     statutory basis for the traditional consular function of 
     protection and conservation, and ultimately disposition, of 
     the estates of Americans who die outside the United States in 
     those cases where a legal representative is not appointed by 
     the heirs or other beneficiaries within a reasonable time.


  DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND INCIDENTS 
                ABROAD AFFECTING UNITED STATES CITIZENS

       Section 235 expands the definition of U.S. employees who 
     may perform consular functions in connection with deaths and 
     estates of U.S. citizens abroad.


            ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14

       Section 236 requires the Secretary to issue regulations so 
     that children under the age of 14 may be issued a passport 
     only if both parents or the child's legal guardian execute 
     the necessary documents, or a parent or guardian demonstrates 
     sole custody or consent of the other parent or guardian. The 
     Secretary may by regulation provide for exceptions to this 
     requirement in the event of exigent or special family 
     circumstances. These exceptions are not designed to become, 
     in practice, gaping loopholes that would swallow the new rule 
     created by this section. Rather, they are designed to provide 
     flexibility to the Secretary in appropriate cases.


                    PROCESSING OF VISA APPLICATIONS

       Section 237 states that it shall be the policy of the State 
     Department: (a) to process visa applications of immediate 
     relatives and fiances of U.S. citizens within 30 days of 
     receiving all necessary documents; and (b) to process 
     applications sponsored by someone other than an immediate 
     relative within 60 days. It also directs the Department to 
     report every six months on the extent to which it is meeting 
     these standards, and to establish a joint task force with 
     other Federal agencies to reduce the overall processing time 
     for visa applications.


 FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON INDIVIDUALS IN 
                        ARREARS ON CHILD SUPPORT

       Section 238 requires the Secretary report on the costs and 
     benefits of a reduction to $2,500 from $5,000 the amount of 
     arrears for child support that would trigger a denial of a 
     passport under existing law (sec. 452(k) of the Social 
     Security Act).


                                Refugees

   UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES

       Section 251 carries over and slightly expands a provision 
     of the Fiscal Year 1998-99 Foreign Relations Authorization 
     Act prohibiting the use of funds for the involuntary return 
     of any person to a country in which that person contains a 
     well-founded fear of persecution, and requiring notification 
     to Congress when such funds are used for involuntary 
     repatriation of persons deemed to be non-refugees.


                          HUMAN RIGHTS REPORTS

       Section 252 is a technical amendment. Information in the 
     annual Country Reports on Human Rights Practices on the 
     extent to which countries extend protection to refugees is 
     already required by the Human Rights, Refugee, and Other 
     Foreign Relations Provisions Act of 1996 (P.L. 104-319). 
     However, that statute only modified one of the two provisions 
     in the Foreign Assistance Act dealing with the Country 
     Reports. This section corrects that oversight by modifying 
     the other section.


                GUIDELINES FOR REFUGEE PROCESSING POSTS

       Section 253 corrects two technical oversights in the 
     refugee protection provisions of the International Religious 
     Freedom Act of 1998 (P.L. 105-292). Although section 602(c) 
     of the Act charged both the Attorney General and the 
     Secretary of State to develop guidelines to address hostile 
     biases in refugee processing, it referred only to biases of 
     INS personnel. This section adds a reference to State 
     Department personnel in the appropriate place. In addition, 
     the Act prohibited the use of agents of persecuting 
     governments to interpret conversations of persons seeking 
     asylum in the United States. This section extends that 
     prohibition to the overseas refugee adjudication process, and 
     to agents of persecuting governments performing any function 
     that could endanger the safety of the applicant or otherwise 
     compromise the integrity of the process.


                 GENDER RELATED PERSECUTION TASK FORCE

       Section 254 requires the Secretary to establish the task 
     force in consultation with the Attorney General with the goal 
     of determining eligibility guidelines for women seeking 
     refugee status overseas due to gender-related persecution.


                          VIETNAMESE REFUGEES

       An earlier House-passed provision regarding refugees was 
     not included in this bill on the basis of assurances that 
     U.S. refugee programs in Viet Nam will be conducted in 
     accordance with most of the conditions set forth in section 
     274 of the House bill. Section 255, however, contains a 
     provision designed to address one of the issues addressed by 
     section 274. It extends through fiscal 2001 the McCain 
     Amendment, which restores eligibility for U.S. refugee 
     resettlement to certain sons and daughters of Vietnamese re-
     education camp survivors, and also provides such eligibility 
     for sons and daughters who were denied the right to resettle 
     in the United States because their government-issued 
     residency documents did not prove ``continuous coresidency'' 
     with their parents.
       The Administration's decision that refugee programs in Viet 
     Nam (as well as other closely related programs) will be 
     directed by a Refugee Coordinator who will report directly to 
     the Deputy Principal Officer at the Consulate General in 
     Saigon and receive policy guidance from the Assistant 
     Secretary for Population, Refugees, and Migration is 
     appreciated. It is also important that these programs will 
     use expatriate interpreters and case workers, so that refugee 
     applicants will no longer be required to describe their 
     persecution at the hands of the Vietnamese government in the 
     presence of persons employed by or through that same 
     government. The Administration's plan to send a special team 
     of INS officers, similar in composition and training to the 
     teams that adjudicated the ROVR cases, to interview former 
     United States Government employees who have not yet been 
     interviewed, and to use the results of these interviews in 
     deciding whether to reopen the cases of former USG employees 
     who may have been improperly denied is strongly supported.
       It is encouraging that the Department of State intends to 
     contract with a non-governmental organization with expertise 
     in refugee resettlement for the retention of an ``NGO 
     Advisor'' to assist the Refugee Coordinator and to help 
     ensure transparency in our Vietnamese refugee programs. It 
     remains a matter of deep concern that the Department decided 
     to terminate its Joint Voluntary Agency (JVA) contract with 
     the International Catholic Migration Commission, which was 
     the most refugee-friendly component in the old ODP program. 
     Members of Congress will continue to monitor carefully 
     whether the new ``Refugee Resettlement Unit'' is an adequate 
     substitute. If not, Members of Congress will urge the 
     Department to reinstitute a JVA arrangement for our 
     Vietnamese refugee programs. The Administration's position 
     that U.S. refugee programs should focus primarily on 
     identifying and rescuing persons who have recently been 
     persecuted and/or who are at risk of future persecution 
     rather than those who suffered persecution in the distant 
     past is supported. The guidelines prepared by the Department 
     and the INS for the new in-country refugee program in Viet 
     Nam will be a solid basis for such a program provided they 
     are generously interpreted and applied. Assurances were made 
     that this program will not be limited to a few ``high 
     profile'' cases, but will be implemented so as to identify 
     and offer resettlement to any Vietnamese national who can 
     show that he or she has experienced recent persecution or has 
     a well-founded fear of future persecution on account of race, 
     religion, nationality, political opinion, or membership in a 
     particular social group.
       There is strong support for the view that the focus on the 
     new program cannot justify peremptory treatment of applicants 
     who may have been wrongly denied under existing programs, or 
     who may never have had genuine access to such programs. The 
     new program is strongly supported on its merits, but it is 
     also important for the United States to keep its promises, 
     both express and implied. The Administration's assurance that 
     Montagnard combat veterans who fulfill the requirements for 
     the ``HO'' subprogram of the Orderly Departure Program 
     (ODP)--which include at least three years of detention in 
     ``re-education camps''--will no longer be denied resettlement 
     on the sole ground that in addition to their pre-1975 
     military service, they continued to fight the Communists 
     after 1975 is encouraging. These applicants have been 
     rejected on the ground that their subsequent punishment by 
     the Communists must have been solely on account of their 
     post-1975 activities rather than for their wartime service 
     alongside U.S. forces. The Administration's commitment to 
     review the cases of Montagnards who were previously 
     registered for consideration for refugee resettlement but 
     found not qualified for interview because part or all of 
     their reeducation time was judged not to be associated with 
     pre-1975 U.S. government policies or practices is a positive 
     development. The Administration has agreed to implement this

[[Page H12576]]

     review not only for Montagnards who applied on or before the 
     ODP deadline and have not yet been interviewed, but also for 
     any previously registered Montagnards who contact the State 
     Department and request review of their cases during a 
     specified period of time. It is understood and expected that 
     the specified period of time will be approximately one year 
     beginning on or about January 1, 2000.
       Note has been taken of the Administration's agreement with 
     respect to allied combat veterans whose detention began a few 
     days prior to April 30, 1975 (the date of the fall of Saigon) 
     because they were located in places such as Hue or Da Nang, 
     which fell to the Communists before Saigon. These veterans 
     have been wrongfully rejected on the ground that they were 
     ``prisoners of war'' rather than re-education camp inmates. 
     The Administration has agreed not to apply this rule against 
     any applicants who applied on or before the ODP deadline and 
     not yet interviewed. The Administration is urged to 
     reconsider its decision not to review and reverse previous 
     denials based on this hypertechnical rule.
       The undertaking by the U.S. Immigration and Naturalization 
     Service (INS) to promulgate written guidance with respect to 
     requests for reconsideration and/or reopening of denied 
     refugee applications is appreciated. It is understood that 
     the INS will issue guidelines which will assure that each 
     applicant understands why his or her case was denied, both in 
     the initial adjudication and in the event of a denial of a 
     request for reconsideration or reopening, and that will 
     ensure transparent and fair adjudication of such requests. It 
     is expected that these guidelines will resolve various cases 
     in which reconsideration has been denied although the 
     original denial was clearly contrary to the interest of 
     justice. Examples of such cases include those in which the 
     adjudicator found that a family relationship was not proved, 
     but in which the relationship can now be established by DNA 
     tests; in which the denial was based on doubts about the 
     validity of a document and in which the applicant can 
     subsequently provide extrinsic evidence of the validity of 
     the document; and in which an applicant recounts instances of 
     persecution which would establish a prima facie case for 
     refugee status, but which he or she was unwilling or unable 
     to recount in the presence of an interpreter whom the 
     applicant reasonably believed to be an agent of the 
     persecuting government.
       Finally, many members of Congress strongly disagree with 
     the Administration's refusal to reopen cases of applicants 
     who missed the deadline for the ODP and ROVR programs due to 
     circumstances beyond their control. According to refugee 
     advocates, many of the people who missed the 1994 ODP 
     deadline, including Montagnards in remote areas of the 
     Central Highlands as well as re-education camp survivors 
     who had been sentenced to internal exile in equally remote 
     New Economic Zones, had no way of knowing about the 
     deadline. Others were denied access to the program by 
     brutal and/or corrupt local officials. Many of these 
     people suffered terribly for their wartime associations 
     with the United States. They then heeded our admonitions 
     not to leave Viet Nam illegally by land or sea, choosing 
     instead to wait patiently for their turn to resettle in 
     the United States. The recent normalization of the U.S.-
     Viet Nam diplomatic relationship should have been used as 
     an opportunity to get access to these people. Similarly, 
     some Vietnamese asylum seekers appear to have been 
     effectively prevented from signing up for ROVR because 
     they were detained away from the registration sites. 
     Others appear to have been misinformed about the ROVR 
     criteria, or even denied the right to register, by host 
     country officials who were themselves misinformed about 
     the program. Some refugees in Thailand were even 
     threatened with punishment upon return to Vietnam by an 
     official Vietnamese delegation visiting their camp for the 
     ostensible purpose of encouraging return under the ROVR 
     program. Many members of Congress continue to believe that 
     the Administration should consider on the merits all cases 
     of eligible applicants who missed program deadlines for 
     these and other compelling reasons.

         Organization and Personnel of the Department of State


                          ORGANIZATION MATTERS

         LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE

       Section 301 requires the Department of State to develop a 
     plan for establishing legislative liaison offices for the 
     Department that would be based on Capitol Hill.


           STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE

       Section 302 requires the designation of a senior official 
     from within the State Department to coordinate U.S. policy 
     with regard to Northeastern Europe.


          SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE

       Section 303 requires the Secretary to designate a science 
     and technology adviser with relevant experience within the 
     Department of State.


         APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS

       Section 304 rewrites section 1333(c) of the Foreign Affairs 
     Reform and Restructuring Act of 1998, to ensure that 
     statutory restrictions on the use of public diplomacy funds 
     will continue to apply either if funds are specifically 
     authorized, or if funds are notified in a Congressional 
     Presentation Document or reprogrammed for public diplomacy 
     purposes. As a this division does not include a separate 
     authorization for public diplomacy funds. The substitute also 
     reiterates that these restrictions will not impede the 
     integration of USIA into the Department of State.
       Specifically, this section amends section 1333 so that the 
     Smith-Mundt and Zorinsky provisions will apply to all funds 
     identified as public diplomacy funds in the Department's 
     Congressional Presentation Document (CPD) or in any 
     reprogramming of funds for public diplomacy purposes. The 
     amendment also adds a new paragraph on construction of the 
     provision. In particular, it provides that the provisions of 
     section 1333(c) do not supersede existing reprogramming 
     procedures. This provision is intended only to make clear 
     that if, subsequent to the submission of the CPD, the 
     Administration submits a reprogramming notification in 
     accordance with the procedures that apply to a reprogramming 
     of funds under section 34 of the State Department Basic 
     Authorities Act, funds reprogrammed pursuant to such a 
     notification for purposes other than public diplomacy will 
     not be subject to the Smith-Mundt and Zorinsky restrictions 
     on account of their previous identification as public 
     diplomacy funds in a CPD.


          DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

       Section 305 authorizes $18 million for enhancement of 
     Diplomatic Telecommunications Service capabilities to be 
     available until a comprehensive chargeback system is in 
     place. In addition the provision requires the Diplomatic 
     Telecommunications Service Program Office (DTS-PO) to: 1) 
     ensure that enhancements of telecommunications capabilities 
     be done with a priority on national security interests; 2) 
     terminate leases for satellite systems located at posts in 
     criteria countries be done not later than December 31, 1999, 
     unless certain conditions are met; 3) institute a system of 
     charges for utilization of bandwidth, and a chargeback system 
     to recover the costs of telecommunications services provided 
     to other federal agencies; 4) ensure that DTS-PO policies and 
     procedures comply with those established by the Overseas 
     Security Policy Board; and 5) maintain the allocation of the 
     positions of Director and Deputy Director of DTS-PO as 
     assigned as of June 1, 1999. Finally, it requires a report by 
     the Director and Deputy Director of DTS-PO regarding the plan 
     for improving specific communications capabilities.


                  Personnel of the Department of State

                    AWARDS OF FOREIGN SERVICE STARS

       Section 321 modifies the State Department Basic Authorities 
     Act of 1956 to create the Foreign Service Star award. The 
     Foreign Service Star may be awarded by the President to any 
     member of the Foreign Service or other federal employee who 
     is wounded, injured, or contracts an illness while employed 
     in an official capacity overseas. The Secretary of State will 
     determine the procedures for awarding the Foreign Service 
     Star, as well as selecting those to be recommended for the 
     award. Flexibility is provided to the Secretary as to the 
     date of the incident for which the award is being given.


                  UNITED STATES CITIZENS HIRED ABROAD

       Section 322 deletes a statutory requirement that U.S. 
     citizens hired locally by overseas posts be provided a total 
     compensation package that has ``the equivalent cost to that 
     received by foreign national employees occupying the similar 
     position at post.''


    LIMITATION ON PERCENTAGE OF SENIOR FOREIGN SERVICE ELIGIBLE FOR 
                            PERFORMANCE PAY

       Section 323 reduces the percentage of members of the senior 
     Foreign Service who can receive performance pay in a fiscal 
     year from 50 percent to 33 percent.


             PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL

       Section 324 requires a regular report on the placement of 
     Senior Foreign Service Officers.


                     REPORT ON MANAGEMENT TRAINING

       Section 325 requires the Secretary of State to produce a 
     report to Congress regarding modifications to existing 
     training programs so as to provide Department employees with 
     ``significant and comprehensive management training at all 
     career grades for Foreign Service personnel.''


  WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL AGENCIES

       Section 326 requires the Secretary of State to submit a 
     report to the Congress every four years that describes the 
     workforce plan for the following 5-year period, and that 
     outlines the steps taken to promote uniform policies among 
     agencies utilizing the Foreign Service personnel system.


                    RECORDS OF DISCIPLINARY ACTIONS

       Section 327 requires that any disciplinary action of a 
     Foreign Service member requiring more than five-days 
     suspension from the Foreign Service be included in the 
     member's personnel file until tenured or next promoted.


 LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN SERVICE 
                  RECOMMENDED FOR SEPARATION FOR CAUSE

       Section 328 requires the Secretary to place a Foreign 
     Service Member on leave without pay if that individual is 
     recommended for separation from the Service for cause.

[[Page H12577]]

                     TREATMENT OF GRIEVANCE RECORDS

       Section 329 amends the Foreign Service Act of 1980 to 
     ensure that proper documentation of disciplinary action is 
     available to tenure and selection boards, by permitting the 
     placement in the performance file of an employee who has been 
     disciplined a notice that the discipline has been reviewed 
     and sustained by the Foreign Service Grievance Board.


                    DEADLINES FOR FILING GRIEVANCES

       Section 330 reduces from three years to two years the time 
     for filing a grievance. It does provide flexibility of an 
     additional year for members who are filing a grievance 
     regarding an evaluation if the Foreign Service member is 
     still supervised by the reviewer or rater of the evaluation.


             REPORTS BY THE FOREIGN SERVICE GRIEVANCE BOARD

       Section 331 requires the Foreign Service Grievance Board to 
     compile information regarding its cases, and provide an 
     annual report regarding the Board's activities during the 
     previous year.


          EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL SYSTEM

       Section 332 permits the State Department to allow non-State 
     Department agencies to use the Foreign Service Act to appoint 
     individuals abroad and to use the Foreign Service personnel 
     system for those employees.


                   BORDER EQUALIZATION PAY ADJUSTMENT

       Section 333 amends the Foreign Service Act of 1980 to 
     provide for payment of a border equalization adjustment to an 
     employee who regularly commutes from his or her home in the 
     U.S. to an official duty station in Canada or Mexico. The 
     adjustment is equal to the amount that the employee would 
     receive as locality pay (under section 5304 of title 5, 
     United States Code) if assigned to an official duty station 
     within the United States locality pay area closest to the 
     employee's official duty station. This provision was 
     contained in the Fiscal Year 1999 Commerce, Justice, State 
     Department Appropriations Act; this section would make the 
     authority permanent.


      TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH 
                      INTERNATIONAL ORGANIZATIONS

       Section 334 provides the full scope of retirement benefits 
     to Federal employees who transfer to international 
     organizations under 5 U.S.C. 3582 by allowing such employees 
     to participate in the Thrift Savings Plan (``TSP'') for the 
     period of their transfer to the international organization. 
     This section amends the Thrift Savings provisions of Title 5 
     to allow persons who transfer to international organizations 
     the ability to make up missed TSP contributions after they 
     are re-employed in Federal service. The employee's make-up 
     contributions are limited by the maximum annual employee 
     contribution for the year in which the contributions would 
     have been made. This section also provides that, with respect 
     to persons covered under the `new' retirement systems, the 
     employing agency provides associated agency automatic 
     contributions and retroactive matching contributions, as well 
     as lost earnings on the agency contributions.


 TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE PERSONNEL

       Section 335 allows the Department to pay a ``transfer 
     allowance'' (which covers certain costs associated with 
     returning home to the United States) to surviving family 
     members of overseas employees who are killed in the line of 
     duty.


                      PARENTAL CHOICE IN EDUCATION

       Section 336 allows certain overseas employees to elect to 
     send their dependents to schools away from post at government 
     expense, so long as the cost does not exceed the cost to the 
     government of sending those dependents to adequate schools at 
     the post of the employee.


                      MEDICAL EMERGENCY ASSISTANCE

       Section 337 permits an advance of up to 3 months' pay to an 
     employee who must undergo certain types of medical treatment 
     abroad.


   REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE AND 
                          TECHNICAL PERSONNEL

       Section 338 requests that the Department prepare a report 
     for the Congress on the financial disadvantages suffered by 
     administrative and technical personnel posted to U.S. 
     missions abroad as a result of their not having diplomatic 
     status.


    STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL INVESTIGATIONS

       Section 339 requires the State Department Inspector General 
     when conducting criminal investigations to abide by 
     professional standards applicable to all law enforcement 
     agencies and to provide subjects of investigations an 
     opportunity to provide exculpatory information. In addition 
     the provision mandates that the Inspector General report to 
     Congress the instances when persons named in a report were 
     not provided an opportunity to refute allegations or 
     assertions made about the person in a final report of 
     investigations. This section clarifies that the Inspector 
     General must provide an opportunity to comment on allegations 
     of wrongdoing or assertions regarding a material fact when 
     they are set out in a final report of investigation. In 
     addition, this section makes clear that failure to comply 
     with this section does not give rise to any private right of 
     action. This section makes several additional changes.
       The term ``Final Report of Investigation'' as used in the 
     provision means the written document produced by the Office 
     of the Inspector General at the conclusion of the 
     investigative phase of a case which is thereafter transmitted 
     to the Department of Justice or Bureau of Personnel for 
     possible prosecutorial or administrative action. Initial 
     referrals or summaries provided to the Department of Justice 
     by the Inspector General do not constitute a ``Final Report 
     of Investigation'' as used in this amendment. This section is 
     not intended to impede the development of a criminal 
     prosecution by the Department of Justice.
       In addition the notification required by new subparagraph 
     (F) of section 209(d)(2) of the Foreign Service Act may 
     summarize briefly the cases where the Inspector General did 
     not afford an opportunity to refute the allegation of wrong 
     doing or assertion of material fact.


   STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS OVERSEAS

       Section 340 requires the President to examine and report on 
     the current benefit structure of survivors of U.S. government 
     employees who are killed while serving abroad. The purpose is 
     to evaluate whether the benefits are adequate, fair, and 
     equitably distributed.


              PRESERVATION OF DIVERSITY IN REORGANIZATION

       Section 341 amends the Foreign Affairs Reform and 
     Restructuring Act of 1998 to ensure women and minorities are 
     not adversely affected by the reorganization while 
     maintaining the flexibility to transfer all employees 
     throughout the Department of State.

    United States Informational, Educational, and Cultural Programs


 EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND 
                                BURMESE

       Section 401 extends the authorization for the exchange and 
     scholarship programs for Tibetan and Burmese exiles 
     (contained in Public Law 104-319, the Human Rights, Refugee, 
     and Other Foreign Relations Provisions Act of 1996) through 
     fiscal years 2000 and 2001. It also renames the Tibetan 
     exchange program after Ngawang Choephel, the Fulbright 
     Scholar and ethno-musicologist who is now serving a fifteen-
     year prison sentence on false charges brought by the Chinese 
     government.


     CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       Section 402 revises the Human Rights, Refugee, and Other 
     Foreign Relations Provisions Act of 1996. Subsection (a) is 
     intended to ensure that programs of exchange with countries 
     whose people do not fully enjoy freedom and democracy shall 
     afford opportunities for significant participation for human 
     rights and democracy leaders in such countries as well as to 
     other persons who are committed to advancing human rights and 
     democratic values. The term ``where appropriate'' in this 
     section is intended solely to make clear that the section 
     does not mandate significant participation by such persons in 
     exchanges whose subject matter does not lend itself to such 
     participation. The section does not require significant 
     participation by human rights and democracy advocates in 
     every single exchange with a country described in the 
     section, but only that the programs in each such country, 
     viewed in the aggregate, afford the opportunity for 
     significant participation for such persons.
       It is particularly important to note that the term ``where 
     appropriate'' is not intended to allow the denial of 
     participation in U.S. exchanges to human rights and democracy 
     advocates possessing the requisite academic or professional 
     qualifications on the grounds that such participation would 
     cause political or diplomatic difficulties for the Department 
     or for an exchange grantee organization.
       The inclusion of human rights and democracy leaders or 
     persons committed to the advancement of human rights and 
     democratic values in U.S. exchange programs may in some cases 
     involve an element of risk for the participant. The 
     Department should take all appropriate steps to ensure that 
     the personal safety of the participant is not compromised by 
     inclusion in such a program.
       Subsection (b)(2) calls on the Department to consider, in 
     selecting grantee organizations for such programs, the 
     willingness and ability of the organization to ensure that 
     the governments of the countries described in the section do 
     not have ``inappropriate influence'' in the process of 
     selecting participants. This provision requires, among other 
     requirements, that grantee organizations not select 
     individual participants who are so thoroughly committed to 
     the suppression of human rights and democracy that their 
     selection could create an impression that the United States 
     condones such suppression.
       Finally, this section amends section 102 of the Human 
     Rights, Refugee, and Other Foreign Relations Provisions Act 
     of 1996 to eliminate the illustrative list of countries whose 
     people do not fully enjoy freedom and democracy. This list is 
     unnecessary in light of the clear application to these and 
     other countries of the generic description contained in the 
     section. The elimination of the list is not intended to imply 
     that the people of any of the listed countries now fully 
     enjoy freedom and democracy.


                       NATIONAL SECURITY MEASURES

       Section 403 requires the State Department to take 
     appropriate steps to ensure that foreign espionage agents do 
     not participate in U.S.-funded exchange programs.

[[Page H12578]]

    SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

       Section 404 provides the U.S. Advisory Commission on Public 
     Diplomacy with an additional two years of operation prior to 
     sunsetting the authority. The Commission will operate at half 
     the current staff and operating costs. The Commission will 
     become a standard State Department advisory committee when 
     its statutory authority sunsets at the end of fiscal year 
     2001.


                       ROYAL ULSTER CONSTABULARY

       Section 405 addresses certain training programs. For the 
     past several years, the Federal Bureau of Investigation has 
     conducted training programs for members of the Royal Ulster 
     Constabulary (RUC) at the National Academy training program 
     in Quantico, Virginia. This section requires that before 
     further FBI or other federal law enforcement training for RUC 
     members takes place, the President must submit a report on 
     the FBI training for RUC members over the past five fiscal 
     years. The President also must certify that the training is 
     necessary and includes a significant human rights component, 
     and that vetting procedures have been established to ensure 
     that RUC members who had substantial knowledge of human 
     rights violations or harassment of defense attorneys but 
     failed to act on this knowledge are not included in the 
     training program.
       Such training should be conducted in a manner that supports 
     the implementation of the September 1999 report issued by the 
     Independent Commission on Policing for Northern Ireland. The 
     report set forth 175 recommendations for the establishment of 
     a new police service in Northern Ireland in the context of a 
     peaceful resolution of the ``Troubles'' in Northern Ireland. 
     One of the recommendations was a suggestion that 
     ``[i]nternational training exchanges should be further 
     developed, focusing in particular on matters where the police 
     in Northern Ireland need overseas police cooperation and on 
     best practice developments in policing worldwide.'' 
     (Recommendation 169).


           RUSSIAN AND UKRANIAN BUSINESS MANAGEMENT EDUCATION

       Sections 421-426 authorize $10,000,000 to provide training 
     programs in Russia and Ukraine for their nationals 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 in order to achieve international standards of 
     quality, transparency, and competitiveness.

          United States International Broadcasting Activities


                   REAUTHORIZATION OF RADIO FREE ASIA

       Section 501 extends the sunset of Radio Free Asia for 10 
     years and provides for a cap of $30 million for fiscal years 
     2000 and 2001 to operate Radio Free Asia.


 NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING BOARD OF 
                               GOVERNORS

       Section 502 modifies the provision of law creating the 
     Broadcasting Board of Governors, which oversees all U.S. 
     government-sponsored international broadcasting. The section 
     subjects the designation of the position of Chairman of the 
     Broadcasting Board of Governors to Senate advice and consent. 
     Current law provides that all members are subject to Senate 
     confirmation, but the President may designate any of these 
     members as chairman at any time. Given that the Board became 
     an independent entity in October, pursuant to the Foreign 
     Affairs Reform and Restructuring Act of 1998, the Committee 
     believes the appointment of the Chairman of the Board should 
     be subject to Senate confirmation.


        PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY)

       Section 503 repeals a 1994 ``sense of Congress'' provision 
     that RFE/RL should receive no U.S. government support after 
     fiscal year 1999 and replaces it with a provision that would 
     support RFE/RL broadcasting so long as certain specified 
     conditions do not occur.


   IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF GOVERNORS

       Section 504 provides the same immunity to the Broadcasting 
     Board of Governors when acting with regard to RFE/RL and 
     Radio Free Asia (RFA) matters as they would have when acting 
     as the Broadcasting Board of Governors.

             Embassy Security and Counterterrorism Measures


                              SHORT TITLE

       Section 601 states that this title may be cited as the 
     ``Secure Embassy Construction and Counterterrorism Act of 
     1999''.


                                FINDINGS

       Section 602 sets forth findings regarding the bombing of 
     the U.S. Embassies in Dar es Salaam, Tanzania, and Nairobi, 
     Kenya in August 1998, and the subsequent investigation by the 
     State Department Accountability Review Boards, which were 
     chaired by Admiral William Crowe, USN (ret.).


               UNITED STATES DIPLOMATIC FACILITY DEFINED

       Section 603 defines the term ``United States diplomatic 
     facility'' to track with those used to notify foreign 
     governments of U.S. diplomatic presence. This definition 
     extends to other agencies that have a bilateral agreement 
     with the host government so long as the records are contained 
     in the State Department records. It is expected that the 
     State Department will ensure it retains a record of all such 
     agreements in its files so that this provision will have the 
     broad application to U.S. agencies that is intended.


                    AUTHORIZATIONS OF APPROPRIATIONS

       Section 604 authorizes $900 million in each of fiscal years 
     2000, 2001, 2002, 2003, and 2004 for Embassy Security, 
     Construction and Maintenance. It also provides that any 
     amounts which are authorized in a particular fiscal year, but 
     for which the full amount is not appropriated in that fiscal 
     year, carry forward and remain available in subsequent fiscal 
     years until such amounts are appropriated.


                      OBLIGATIONS AND EXPENDITURES

       Section 605 contains several provisions designed to ensure 
     that funds appropriated to the Embassy Security, Construction 
     and Maintenance Account are used only for (1) the intended 
     purpose and (2) high priority projects.
       Subsection (a) provides that funds be made available only 
     for new construction or major security enhancements needed to 
     bring U.S. diplomatic facilities into compliance with 
     security standards. The Secretary of State is required to 
     submit an annual report on the facilities that are a priority 
     for replacement because of their vulnerability to terrorist 
     attack. The report must list such facilities in groups of 20. 
     The groups of 20 must then be ranked in order of most to 
     least vulnerable. Funds made available in the account may 
     only be used for those facilities in the first four groups--
     that is, the 80 most vulnerable facilities.
       However, there are some exceptions: (1) The substitute 
     provides an exception to the requirement that funds be used 
     only for the first 80 facilities or posts on the list of 
     facilities that are a priority for replacement. The amendment 
     provides that the list required by subsection (a) may contain 
     either diplomatic facilities or diplomatic and consular 
     posts. This change is intended to allow the Department to 
     identify either a single facility, or a city where a number 
     of facilities are located, as occupying a single place on the 
     list. (2) In addition, funds may be used for facilities 
     beyond that list in two circumstances. First, if Congress 
     authorizes or appropriates for a specific diplomatic 
     facility, the Department may proceed with acquisition of such 
     a facility even if it is not on the list. This exception 
     recognizes that the President and the Secretary of State may 
     request funds for acquisition of a new facility in the budget 
     request. If Congress approves funds for that aspect of the 
     budget request in a future authorization or appropriations 
     bill, either specifically or in a lump sum authorization or 
     appropriation, the Department may move forward with 
     acquisition of the facility. Second, the exception applies if 
     the Secretary notifies the appropriate congressional 
     committees that the Department intends to use funds for such 
     a facility in accordance with the procedures applicable to a 
     reprogramming of funds under section 34 of the State 
     Department Basic Authorities Act.
       Subsection (b) prohibits the transfer of funds from this 
     account.
       Subsection (c) requires semiannual reports on obligations 
     and expenditures from the account, projected obligations and 
     expenditures, and the status of ongoing projects.


     SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES

       Section 606 identifies new security requirements with 
     respect to United States diplomatic facilities. These new 
     requirements, which are based on recommendations of the 
     Accountability Review Board, are specifically focused on the 
     threat of large vehicular bombs.
       The section requires: (1) the Emergency Action Plan of each 
     United States mission to address the threat of large 
     explosive attacks vehicles and the safety of employees during 
     such an attack; (2) that the State Department Security 
     Environment Threat List 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, host government support and other relevant 
     factors; (3) the State Department, in selecting sites for 
     diplomatic facilities, to adhere to its existing security 
     standard (set forth in 12 Foreign Affairs Handbook-5) 
     requiring that all U.S. government offices and activities 
     subject to the authority of the Chief of Mission be located 
     in the same chancery buildings or on the same compound. 
     Exceptions can be granted if the Secretary of State certifies 
     to Congress that it is in the national interest of the United 
     States to do so. This authority cannot be delegated by the 
     Secretary of State; (4) each newly acquired or constructed 
     U.S. diplomatic facility to be situated not less than 100 
     feet from the perimeter of the property on which the facility 
     is situated. An exception can be granted if the Secretary of 
     State certifies to Congress that it is in the national 
     interest of the United States to do so. In addition to this 
     primary threat, more attention should be given to providing 
     integrated, real-time chemical and biological agent detection 
     and identification, which is critical to protecting 
     diplomatic facilities. The State Department should also 
     evaluate the possibility of integrating a detection 
     capability for chemical and biological weapons, and 
     immediate action response to such a detection, in the 
     physical security procedures of diplomatic facilities 
     overseas; (5) the State Department to conduct crisis 
     management training for State Department Headquarters 
     personnel, as well as personnel serving in facilities 
     overseas; (6) the State Department to provide sufficient 
     support to the

[[Page H12579]]

     Foreign Emergency Support Team (FEST) to identify 
     personnel to serve on the FEST as a collateral duty, 
     conduct routine training exercises, and provide any 
     additional support that may be necessary to make the FEST 
     more effective in a post-crisis environment; (7) the 
     President to develop a plan to replace on a priority basis 
     the current FEST aircraft funded by the Department of 
     Defense with a reliable replacement and backup aircraft. 
     Not later than 60 days after the enactment of this act, 
     the President shall submit to Congress a report describing 
     the aircraft selected pursuant to this provision; (8) the 
     Secretary of State to enter into a memorandum of 
     understanding with the Secretary of Defense to better 
     coordinate the requirements for a more effective rapid 
     response procedure in times of emergency with respect to 
     US diplomatic facilities; (9) all United States diplomatic 
     facilities to maintain emergency equipment and records 
     required stored at an offsite facility in case of an 
     emergency situation; and (10) fitness standards be 
     implemented for diplomatic security agents.
       This section clarifies that waivers required for 
     collocation and setback may not be delegated in the case of 
     chancery and consulate buildings. All other cases may be 
     delegated, but those decisions will still be made by senior 
     State Department officials. This flexibility was added with 
     the expectation that waivers used by the Secretary would be 
     infrequent and therefore considered more seriously in the 
     instances such a waiver is exercised. The grant of authority 
     to delegate has been provided to the State Department only 
     and has not been provided to other federal agencies for 
     decisions regarding collocation. In this context, ``chancery 
     and consulate buildings'' means a building solely or 
     substantially occupied by the U.S. Government that is newly 
     constructed or otherwise acquired where the main business of 
     the U.S. Government is performed in that city. For example, 
     the American Presence Posts are regarded as ``consulates'' 
     but do not perform the same tasks and are intended to operate 
     with one or two American employees.


  AUTHORITY TO LEASE AIRCRAFT TO RESPOND TO A TERRORIST ATTACK ABROAD

       Section 606(a)(7) provides the FBI with the authority for 
     indemnification in the event of leasing aircraft pursuant to 
     the authority provided for in the Commerce-State-Justice-and 
     the Judiciary Appropriation Act for fiscal year 2000.


                      REPORT ON OVERSEAS PRESENCE

       Section 607 requires the Secretary of State to review the 
     report of the Overseas Presence Advisory Panel, which, 
     according to its Charter, was charged with preparing a report 
     recommending the criteria by which the Department, working 
     with Chiefs of Mission, might determine the location, size, 
     and composition of overseas posts in the coming decade. The 
     Panel was also tasked with proposing a multi-year funding 
     program for the Department to achieve the appropriate U.S. 
     presence overseas.
       The Panel issued its report on November 5, 1999. After 
     reviewing the work of the Panel, the Secretary is required by 
     this section to submit to Congress a report responding to 
     that review and specified items, regardless of whether these 
     are addressed by the Overseas Presence Panel. The Secretary's 
     report will determine whether any U.S. diplomatic facility 
     should be closed due to high vulnerability to terrorist 
     threat and if adequate security enhancements cannot be 
     provided to that facility. It will contain an analysis of the 
     concept of regional facilities and recommend whether such a 
     concept should be implemented at appropriate diplomatic 
     facilities.


                      ACCOUNTABILITY REVIEW BOARDS

       Section 608 modifies Section 301 of the Omnibus Diplomatic 
     Security and Antiterrorism Act of 1986, which requires the 
     convening of Accountability Review Boards to examine an 
     instance of serious injury, loss of life, or significant 
     destruction of property at or related to a U.S. government 
     mission abroad, or in case of serious breach of security 
     involving intelligence activities of a foreign government. 
     Under current law, there is no deadline for the convening of 
     a board following such an event. This provision requires the 
     Secretary of State to convene a board within 60 days of the 
     event, and allows two 30-day extensions of this deadline. 
     This provision does not apply to breaches of security 
     involving intelligence activities.


               INCREASED ANTITERRORISM TRAINING IN AFRICA

       Section 609 requires a report by the Secretary on the 
     establishment of an International Law Enforcement Academy in 
     Africa.

   International Commissions and Organizations Other Than the United 
                                Nations


                       INTERPARLIAMENTARY GROUPS

       Section 701 provides technical changes to the name of the 
     Transatlantic Legislators' Dialogue and the North Atlantic 
     Assembly.


AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION TO ASSIST 
                      STATE AND LOCAL GOVERNMENTS

       Section 702 permits the U.S. Section of the International 
     Boundary and Water Commission to provide tests, surveys, and 
     other services on a reimbursable basis to state or local 
     governments that request them. Reimbursements will be 
     credited to the appropriation from which the cost of 
     providing the services is paid.


              INTERNATIONAL BOUNDARY AND WATER COMMISSION

       Section 703 authorizes the International Boundary and Water 
     Commission (IBWC) to use contributions from binational 
     organizations for projects along the U.S.-Mexico border. It 
     would also allow the U.S. section of the IBWC to apply a user 
     fee toward operations and maintenance of the bridge 
     between El Paso, Texas, and Juarez, Mexico.


     SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR 
         PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS

       Section 704 requires semiannual reports, with a classified 
     annex, from the Secretary of State on the United States 
     government's efforts to boost efforts toward Taiwan's 
     appropriate membership or participation in international 
     organizations.


 RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE INTERNATIONAL 
                             CRIMINAL COURT

       Section 705 prohibits funding for use by, or in support of 
     the International Criminal Court, without Senate advice and 
     consent to the treaty establishing the Court. On July 17, 
     1998 a majority of nations at the U.N. Diplomatic Conference 
     in Rome, Italy, on the Establishment of an International 
     Criminal Court voted 120-7, with 21 abstentions, in favor of 
     a treaty that would establish an international criminal 
     court. The court is empowered to investigate and prosecute 
     war crimes, crimes against humanity, genocide and aggression. 
     The United States voted against the treaty.


PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES CITIZENS TO THE 
                      INTERNATIONAL CRIMINAL COURT

       Section 706 prohibits the use of funds to extradite any 
     U.S. citizen to a foreign country that is under an obligation 
     to surrender individuals to the International Criminal Court 
     unless that country provides direct assurances to the United 
     States that applicable prohibitions in existing extradition 
     treaties apply to such surrender or gives other satisfactory 
     assurances to the United States that it will not transfer 
     that individual to the International Criminal Court (ICC). 
     This section also bars the United States from providing 
     consent to the transfer of such individual to a third country 
     under an obligation to surrender persons to the ICC unless 
     that third country confirms to the United States that 
     applicable prohibitions on reextradition apply or gives other 
     satisfactory assurances to the United States that it will not 
     transfer that individual to the ICC.


                    REPORTS REGARDING FOREIGN TRAVEL

       Section 707 extends the reporting requirement to fiscal 
     years 2000-2001 and changes the reporting dates to January 31 
     and July 31 of each year with regard to travel by the 
     Executive Branch for purposes of diplomatic conferences.


 UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC ENERGY AGENCY

       Section 708 eliminates the Washington-based representative 
     to the International Atomic Energy Agency (IAEA) and shifts 
     those duties to the existing post of U.S. Representative to 
     U.N. agencies based in Vienna.


                       United Nations Activities

          UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS

       Section 721 supports United States policy of seeking to end 
     the inequity that Israel be denied participation in a 
     regional bloc at the United Nations and therefore the 
     opportunity of a rotating seat on the Security Council of the 
     United Nations.
       This section also supports a United States policy seeking 
     to abolish certain groups within the United Nations, such as 
     the Committee on the Exercise of the Inalienable Rights of 
     the Palestinian People which reflects an anti-Israel bias.
       Annual reports and consultations with the Congress on 
     actions to accomplish the stated policies are also a 
     requirement.


   DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING 
                               OPERATIONS

       Section 722 requires the United States to report annually 
     to the United Nations on the total costs of United States 
     Department of Defense activities in support of Security 
     Council resolutions--including assessed, voluntary and 
     incremental costs. The section also requires the United 
     States to request that the United Nations prepare and publish 
     a report that compiles similar information for other United 
     Nations member states. This comprehensive reporting will 
     quantify all costs to the United States for peacekeeping 
     activities, and enable the Congress to consider those costs 
     in relation to the proposed operation or expansion of an 
     operation prior to action by the United Nations Security 
     Council.


 REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED STATES TO 
                           THE UNITED NATIONS

       Section 723 is intended to ensure that the U.S. Government 
     is reimbursed by the United Nations in a timely manner for 
     military assistance it provides in support of the United 
     Nations or U.N. peacekeeping operations, whether this 
     assistance is provided to the United Nations or to another 
     country participating in such an operation. The section is 
     not intended to apply to civilian police monitors, which are 
     funded individually by the nation contributing monitors. As 
     drafted, this section does not impede the President in his 
     ability to use any constitutional authority to provide 
     assistance at any time. This section exempts the deployment 
     of United States troops by the President

[[Page H12580]]

     from the requirement of reprogramming procedures under 
     section 634A of the Foreign Assistance Act of 1961. As 
     written, this section does not affect the President's 
     constitutional authority as Commander-in-Chief. Nothing in 
     this section shall be construed as an authorization of the 
     use of force.


              CODIFICATION OF REQUIRED NOTICE OF PROPOSED


                 UNITED NATIONS PEACEKEEPING OPERATIONS

       Section 724 consolidates many current reporting 
     requirements regarding international peacekeeping activities.

                        Miscellaneous Provisions


  DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS ENGAGED IN 
ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION OR STERILIZATION POLICY

       Section 801 requires the Secretary of State to deny a visa 
     to any foreign national who the Secretary of State finds to 
     have been directly involved in the establishment or 
     enforcement of coercive population control policies. Drafted 
     with flexibility for the executive branch in mind, this 
     provision allows the Secretary of State to determine which 
     officials meet this definition, contains exceptions for heads 
     of state, heads of government and cabinet level officials, 
     and also contains a national interest waiver. In addition, it 
     provides the Secretary some flexibility in cases where a 
     foreign national has discontinued support for or involvement 
     with such coercive population policies.


                         TECHNICAL CORRECTIONS

       Section 802 makes several technical corrections to the 
     Foreign Affairs Reform and Restructuring Act.


         REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA

       Section 803 requires reporting on the efforts of the 
     Government of Morocco and the Popular Front for the 
     Liberation of Seguia el Hamra, and Rio de Oro (POLISARIO) to 
     bring about a referendum regarding the status of the Western 
     Sahara.


  REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT OF 1989

       Section 804 requires reporting regarding aid to the 
     Palestinian Authority and democratic reforms.


   REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS WERE 
                       KILLED AND RELATED MATTERS

       Section 805 requires reporting requirements regarding 
     terrorist attacks in the territory of Israel or territories 
     administered by Israel or the Palestinian Authority in which 
     U.S. citizens were killed or injured.


  ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY AND GENOCIDE

       Section 806 requires that the annual human rights report 
     contain information regarding commission of war crimes, 
     crimes against humanity and genocide.


          RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA

       Subtitle B of Title VIII addresses issues of nuclear 
     cooperation with North Korea. Under the 1994 Agreed Framework 
     between the United States and North Korea, President Clinton 
     committed the United States to arrange the construction in 
     North Korea of two 1000 megawatt(e) light water nuclear 
     reactors. Inasmuch as these reactors are to be of U.S. 
     design, it will be necessary under the Atomic Energy Act of 
     1954 for the United States and North Korea to enter a 
     bilateral agreement for cooperation in the field of nuclear 
     energy before key components of the reactors can be 
     transferred to North Korea. In recognition of this 
     requirement under existing U.S. law, both countries 
     explicitly committed themselves in the Agreed Framework to 
     conclude such an agreement.
       The Agreed Framework contemplates that the bilateral 
     agreement for nuclear cooperation will come into effect when 
     a significant portion of the reactor project is completed. 
     This coincides with the time under the Agreed Framework when 
     North Korea is obligated to come into full compliance with 
     its safeguards agreement with the International Atomic Energy 
     Agency (IAEA) and permit the IAEA full access to all sites 
     and information in North Korea that the IAEA deems necessary 
     to verify the accuracy and completeness of its initial report 
     to the IAEA.
       This section requires that no agreement for nuclear 
     cooperation with North Korea may become effective, no 
     licenses may be issued for export directly or indirectly to 
     North Korea of any nuclear material, facilities, components, 
     or other goods, services or technology, 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, until the President makes a determination and 
     report to specified committees of Congress.
       The determination requirement has seven elements. The basic 
     thrust of the required determinations is that North Korea is 
     in full compliance with its obligations under the Agreed 
     Framework. Actions that would undermine the object and 
     purpose of the Agreed Framework that are addressed in 
     specific elements of the determination requirement include 
     having a uranium enrichment facility or a nuclear 
     reprocessing facility elsewhere than at the facilities frozen 
     pursuant to the Agreed Framework, making significant progress 
     toward acquiring or developing such facilities, and either 
     having nuclear weapons or making significant efforts to 
     acquire, develop, test, produce, or deploy such weapons.
       These requirements apply in addition to all other 
     applicable procedures, requirements and restrictions 
     contained in the Atomic Energy Act of 1954 and other laws.


                       People's Republic of China

                                FINDINGS

       Section 871 contains the findings that are largely a 
     restatement and concurrence with the findings of the State 
     Department in its Country Reports on Human Rights Practices, 
     which noted that serious human rights abuses persisted and, 
     in some cases, intensified in China in 1998.


   FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO REPORT ON 
POLITICAL, ECONOMIC, AND HUMAN RIGHTS MATTERS IN THE PEOPLE'S REPUBLIC 
                                OF CHINA

       Section 872 provides $2,200,000 for each of fiscal years 
     2000 and 2001 for additional personnel at the United States 
     embassies in China and Nepal, and U.S. consulates in China, 
     for the monitoring of political and social conditions with 
     particular emphasis and respect for human rights.


    PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC OF CHINA

       Section 873 requires the establishment of a registry to 
     list and provide information on all known political prisoners 
     in China. According to the State Department, there are 
     thought to be thousands of such prisoners in China, but to 
     date, no comprehensive list of all known prisoners exists. 
     The provisions allow the State Department to make funds 
     available to non-government organizations to assist in 
     establishing and maintaining the registry.

                      Arrears Payments and Reform


                           GENERAL PROVISIONS

       This subtitle (sections 901 and 902) outlines the short 
     title and key definitions regarding this title.


                    Arrearages to the United Nations

                    AUTHORIZATION OF APPROPRIATIONS

       Section 911 authorizes $100,000,000 in fiscal year 1998, 
     $475 million in fiscal year 1999, and $244 million in fiscal 
     year 2000 for the repayment of arrears to the United Nations, 
     United Nations peacekeeping activities, United Nations 
     specialized agencies, and other international organizations. 
     Funds are authorized to remain available until expended. The 
     funds for fiscal years 1998 and 1999 are already 
     appropriated.


                  OBLIGATION AND EXPENDITURE OF FUNDS

       Section 912 outlines the manner in which disbursements will 
     be made, and requires that certification of specified reforms 
     be completed prior to any disbursement of funds by the United 
     States. The Secretary of State must notify the Congress 30 
     days prior to the disbursement of any funds. This section 
     also provides the Secretary with the authority to waive two 
     required certifications in order to disburse the funds 
     authorized by this bill. Specifically, with respect to the 
     funds authorized for fiscal year 1999, the Secretary may 
     waive the certification that the United Nations contains 
     established a ``contested arrears'' account for disputed 
     arrears if there is substantial progress in meeting this 
     condition. A waiver of this condition shall require the 
     Secretary to notify the United Nations that the United States 
     Congress does not consider the United States obligated to pay 
     these amounts. With respect to fiscal year 2000 funds the 
     Secretary may waive the requirement that the United Nations 
     cap at 20 percent the U.S. share of the regular budget.


 FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE UNITED STATES

       Section 913 permits the President to forgive the United 
     Nations up to $107 million in debt currently owed to the 
     United States. In order to forgive this debt the United 
     Nations must reduce its record of U.S. arrears to the United 
     Nations by the amount of the debt forgiven by the United 
     States.


                       United States Sovereignty

                       CERTIFICATION REQUIREMENTS

     Supremacy of the U.S. Constitution
       Section 921 requires that the Secretary of State certify 
     that the United States Constitution controls U.S. law and no 
     action by the United Nations or any of its agencies contains 
     caused the U.S. to violate the Constitution.
     No United Nations Sovereignty
       Section 921 requires that the Secretary of State certify 
     that neither the United Nations nor its specialized agencies 
     have exercise authority over the United States or taken 
     forward steps to require that the U.S. cede sovereignty.
     No United Nations Taxation
       Section 921 requires the Secretary of State to certify that 
     U.S. law does not give the United Nations any legal authority 
     to tax the American people; no taxes or comparable fees have 
     in fact been imposed; and there contains been no effort 
     sanctioned by the United Nations to develop, advocate or 
     promote such a taxation proposal. The exception for fees 
     charged by the World Intellectual Property Organization is 
     not intended to limit the scope of the exception for ``fees 
     for publications or other kinds of fees that are not 
     tantamount to a tax on United States citizens'', thus fees 
     such as those charged by the International Telecommunications 
     Union may be viewed as falling under the broader exception.
     No United Nations Standing Army
       Section 921 requires that the Secretary of State certify 
     that the United Nations has

[[Page H12581]]

     not taken formal steps to create or develop a standing army 
     under Article 43 of the United Nations Charter.
     No Interest Fees
       Section 921 requires that the Secretary of State must 
     certify that interest fees have not been levied on the United 
     States for any arrears owed to the United Nations.
     No United Nations Real Property Rights
       Section 921 provides that the Secretary of State must 
     certify that neither the United Nations nor its specialized 
     agencies have exercised any authority or control over public 
     or private property in the United States. It is agreed that 
     this section should not be construed to override obligations 
     of the International Organization Immunities Act, the 
     Agreement Regarding the Headquarters of the United Nations, 
     supplemental agreements to the Agreement, the Convention on 
     the Privileges and Immunities of the United Nations, or under 
     any other agreement with the United States according the 
     United Nations or its specialized agencies, privileges and 
     immunities, or which are otherwise provided for under United 
     States law, or apply to property occupied or utilized under 
     lease, sublease, or contract with private or government 
     owners.
     Termination of Borrowing Authority
       Section 921 provides that the Secretary of State must 
     certify that the United Nations has not engaged in external 
     borrowing, nor have the financial regulations of the United 
     Nations or any of its specialized agencies been amended to 
     permit borrowing, nor has the United States paid any interest 
     for any loans incurred through external borrowing by the 
     United Nations or its specialized agencies.


    Reform of Assessments and United Nations Peacekeeping Operations

                       CERTIFICATION REQUIREMENTS

       Section 931 requires that the Secretary shall not make her 
     1999 certification if she determines the 1998 certifications 
     are no longer valid, and prior to payment of authorized 
     arrears in fiscal year 1999, certify that the certification 
     requirements set out below have been met.
     Contested Arrears Account
       Section 931 provides that the Secretary of State must 
     certify a contested arrears account or some other appropriate 
     mechanism has been created for the United States. This 
     account represents the difference between what the United 
     Nations says is owed by the United States and the amount 
     recognized by the United States Congress. Thus, the sum of 
     the obligations that the Congress is authorizing in this 
     legislation is the total that the Congress will authorize to 
     be appropriated to the United Nations for its arrears under 
     the regular and peacekeeping budgets. Agreement must be 
     reached with the United Nations that any monies identified in 
     this account will not affect the voting rights of the United 
     States as contained in Article 19 of the United Nations 
     charter.
     Limitation on Assessed Share of Budget for Peace Operations
       Section 931 provides that the Secretary of State must 
     certify that the share of the total peacekeeping budget for 
     each United Nations assessed peace operation does not exceed 
     25 percent for any member.
     Limitation on Share of Regular Budget
       Section 931 provides that the Secretary of State must 
     certify that the share of the total regular budget assessment 
     for the United Nations does not exceed 22 percent for any 
     member.


                      Budget and Personnel Reform

                       CERTIFICATION REQUIREMENTS

       Section 941 requires that the Secretary shall not make her 
     fiscal year 2000 certification if she determines the fiscal 
     year 1998 and 1999 certifications are no longer valid, and 
     prior to payment of authorized arrears in fiscal year 2000, 
     certify that the certification requirements set out below 
     have been met.
     Limitation on Assessed Share of Regular Budget
       Section 941 provides that the Secretary of State must 
     certify that the share of the total regular budget assessment 
     for the United Nations and its specialized agencies does not 
     exceed 20 percent for any member.
     Inspector General for Certain Organizations
       Section 941 provides that the Secretary of State must 
     certify that the three largest U.N. specialized agencies--the 
     International Labor Organization, the Food and Agriculture 
     Organization, and the World Health Organization--have each 
     established an internal inspector general office comparable 
     to the Office of Internal Oversight Services established in 
     the United Nations following a similar certification 
     requirement in the Foreign Relations Authorization Act, 
     Fiscal Year 1994-95 (section 401 of Public Law 103-236).
       With regard to subsection (B), the approval of the member 
     states of those organizations need not be expressed in a 
     formal voting procedure, but may be expressed by means of 
     ascertaining and taking into account the view of the member 
     states. If such means is used in lieu of a formal vote, the 
     views of the United States must be taken into account. With 
     regard to the distribution of reports in subsection (F) of 
     this requirement, what is essential is that the United 
     States (and other Member States) have access to all annual 
     and other relevant reports without modification, except to 
     the extent it is necessary to protect the privacy rights 
     of individuals. When privacy rights are impacted, reports 
     may be redacted to protect individuals. However, it is not 
     anticipated that wrongdoer cited in such reports are 
     entitled to privacy protections.
     New Budget Procedures for the United Nations
       Section 941 provides that the Secretary of State must 
     certify that the United Nations is implementing budget 
     procedures that require the budget agreed to at the start of 
     a budgetary cycle to be maintained, and the system-wide 
     identification of expenditures by functional categories. For 
     purposes of this section, system-wide identification of 
     expenditures by functional categories means an object class 
     distribution of resources. The object class distribution 
     should accompany the initial regular assessed budget 
     estimates for both the United Nations and its specialized 
     agencies.
     Sunset Policy for Certain United Nations Programs
       Section 941 provides that the Secretary of State must 
     certify that the United Nations and the International Labor 
     Organization, the Food and Agriculture Organization, and the 
     World Health Organization have each established an evaluation 
     system that requires a determination as to the relevance and 
     effectiveness of each program. The United States is required 
     to seek a ``sunset'' date for each program unless the program 
     demonstrates relevance and effectiveness. There is strong 
     objection to the incorporation of funding for terminated 
     programs into the baseline of the U.N. budget for the next 
     biennium. Funding for programs which have ceased and one-time 
     expenditures should not be carried over into the next budget 
     cycle. The sunset of programs should result in financial 
     savings for the member states.
     United Nations Advisory Committee on Administrative and 
         Budgetary Questions
       Section 941 provides that the Secretary of State must 
     certify that the United States have a seat on the United 
     Nations Committee on Administrative and Budgetary Questions 
     (ACABQ). Until 1997, the United States served on this 
     committee since the creation of the United Nations. The ACABQ 
     is key to the budgetary decisions at the United Nations and 
     the United States, as the largest contributing nation, should 
     have a seat on that Committee.
     National Audits
       Section 941 provides that the Secretary of State must 
     certify that the General Accounting Office (GAO) contains 
     access to United Nations financial data so that the GAO may 
     perform nationally mandated reviews of all United Nations 
     operations. Financial data means data pertaining to the 
     financial transactions of the United Nations as well as data 
     relating to its organization and activities. It is 
     contemplated that as a result of this provision GAO will have 
     access to the data it needs to conduct reviews of all U.N. 
     operations.
     Personnel
       Section 941 provides that the Secretary of State must 
     certify that the United Nations is enforcing a personnel 
     system based on merit and is enforcing a worldwide 
     availability of its international civil servants; a code of 
     conduct is being implemented that requires, among other 
     standards, financial disclosure statements by senior United 
     Nations officials; a personnel evaluation system is being 
     implemented; periodic assessments are being completed by the 
     United Nations to determine total staffing levels and 
     reporting of those assessments; and the United States 
     contains completed a review of the United Nations allowance 
     system, including recommendations for reductions in 
     allowances.
     Reduction in Budget Authorities
       Section 941 provides that the Secretary of State must 
     certify that the International Labor Organization, the Food 
     and Agriculture Organization, and the World Health 
     Organization have each approved a budget that is a no-growth 
     budgeting the 2000-2001 biennium as compared to levels agreed 
     to for the 1998-1999 budgets.
     New Budget Procedures and Financial Regulations for 
         Specialized Agencies
       Section 941 provides that the Secretary of State must 
     certify that the International Labor Organization, the Food 
     and Agriculture Organization, and the World Health 
     Organization have each established procedures require the 
     budget agreed to at the start of a budgetary cycle to be 
     maintained; the system-wide identification of expenditures by 
     functional categories; and approval of supplemental budget 
     requests to the Secretariat in advance of appropriations for 
     those requests.
     Limitation on Share of Regular Budget for Specialized 
         Agencies
       Section 941 provides that the Secretary of State must 
     certify that the share of the total regular budget assessment 
     for the International Labor Organization, the Food and 
     Agricultural Organization, and the World Health Organization 
     does not exceed 22 percent for any member.

                        Miscellaneous Provisions


          STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS

       Section 951 makes clear that this bill will not change or 
     reverse any previous provision of law regarding restriction 
     on funding to international organizations.

[[Page H12582]]

   PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER INTERNATIONAL 
   ORGANIZATIONS FROM WHICH THE UNITED STATES CONTAINS WITHDRAWN OR 
                           RESCINDED FUNDING

       Section 952 prohibits payment to organizations from which 
     the United States has withdrawn or from which Congress has 
     rescinded funding because the United States no longer 
     participates in the organization, including the United 
     Nations Industrial Organization and the World Tourism 
     Organization.

  Division B--Arms Control, Nonproliferation, and Security Assistance


                   Arms Control and Nonproliferation

                              ARMS CONTROL

                      KEY VERIFICATION ASSETS FUND

       Section 1111 gives an important new funding flexibility to 
     the Department of State. The Senate proposal has been 
     modified to authorize up to $5,000,000 to be made available, 
     for fiscal years 2000 and 2001, to a ``Key Verification 
     Assets Fund.'' This fund is expected to be used for the 
     research, development, and acquisition of verification 
     technologies. However, because only a limited amount of funds 
     is available, the Fund is directed to be generally used only 
     as ``seed money'' for the Department to capitalize upon 
     projects undertaken by other agencies.
       Funds made available also may be used to retain 
     verification assets. The Fund therefore can serve as a tool 
     of the policy community in those instances when policy 
     objectives diverge from intelligence community priorities. 
     Again, because resources are limited, this Fund should not be 
     used for the long-term retention of assets, but rather as an 
     emergency, ``stop-gap'' funding source to keep critical 
     verification assets afloat until a more appropriate source of 
     funds can be identified.
       In light of recent events, the Secretary of State needs to 
     have discretionary funds available to prevent verification 
     technologies and programs from falling by the wayside. The 
     experience with the WC-135 aircraft (which is used to collect 
     debris from nuclear tests) is a case in point. This plane is 
     one of a kind, yet the Air Force tried to cancel this 
     irreplaceable asset. Cancellation was narrowly avoided, and 
     sufficient resources were scraped together to keep the plane 
     flying for the near term, although longer-term commitment to 
     the program by both the executive branch and Congress is 
     still very much in doubt.
       Had resources been available under this account, the 
     Secretary of State could have applied funds to keep the plane 
     operating temporarily. Indeed, resources under the account 
     may yet be needed. The Executive is urged to ensure that the 
     Cobra Dane radar is retained.
       Finally, while the authority to transfer funds made 
     available to the ``Key Verification Assets Fund'' resides 
     with the Secretary, it is intended that the Assistant 
     Secretary of State for Verification and Compliance assume 
     responsibility for the identification of technologies or 
     programs to be funded and manage those programs once State 
     Department funds are applied. Funds, if appropriated, may not 
     be reprogrammed from this account.


      ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND COMPLIANCE

       Section 1112 establishes a bureau within the Department of 
     State to be headed by an Assistant Secretary of State for 
     Verification and Compliance, as proposed by the Senate. The 
     Department of State has not provided for such a Bureau as a 
     successor to the Arms Control and Disarmament Agency's Bureau 
     for Intelligence, Verification, and Information Support 
     (IVI), despite the fact that this Bureau was the only entity 
     within the United States Government in which the principal 
     function was the verification and enforcement of arms control 
     treaties and commitments.
       The reorganization plan implemented by the Department of 
     State to accomplish the merger with ACDA scattered IVI's 
     staff, leaving in its stead a Special Assistant to the Under 
     Secretary for Arms Control and International Security and a 
     Deputy Assistant Secretary within a larger bureau, neither of 
     whom is confirmed by the Senate. This is a demotion of 
     verification and compliance functions, as the principal 
     advocate for arms control verification now has a position of 
     far less stature than his counterparts within the State 
     Department regional bureaus, and elsewhere in the executive 
     branch.
       It is essential that the verification and compliance 
     aspects of arms control and nonproliferation agreements are 
     given a voice at the most senior policy-making levels. A true 
     commitment to vigorous enforcement of arms control and 
     nonproliferation agreements and sanctions cannot be 
     maintained by submerging compliance analysis within other 
     bureaus.
       The need for an Assistant Secretary--and a Bureau--for 
     Verification and Compliance is supported by former ACDA 
     Directors Ron Lehman and Eugene Rostow, as well as several 
     other key Reagan, Bush, and former Clinton Administration 
     officials. In addition, the Chairman and Vice Chairman of the 
     Senate Intelligence Committee have expressed support for such 
     a step.
       Accordingly, this division establishes the position of 
     Assistant Secretary of State for Verification and Compliance 
     (V&C) and identifies the principal authorities and 
     responsibilities of the position. Specifically, section 1112 
     provides that the Assistant Secretary for V&C has primary 
     responsibility for all verification and compliance issues 
     associated with arms control, nonproliferation, and 
     disarmament agreements or commitments. As such, it is 
     intended that the Assistant Secretary to have overall 
     oversight of policy and resources relating to verification 
     and compliance regarding not only various treaties, but also 
     executive agreements and commitments, including those falling 
     within the purview of regional bureaus (when such agreements 
     or commitments pertain to arms control, nonproliferation, or 
     disarmament).
       Section 1112 ensures that--with some specific exceptions--
     the Assistant Secretary shall serve as the principal State 
     Department participant in all executive branch interagency 
     groups, including intelligence groups, concerned with 
     verification or compliance matters. Further, this section 
     stipulates that the Assistant Secretary for V&C, rather than 
     any other official within the Department of State or 
     elsewhere, shall be considered the principal liaison to the 
     intelligence community on verification and compliance issues.
       Finally, section 1112 identifies those reports, or portions 
     thereof, for which the Assistant Secretary for V&C is to have 
     primary responsibility. There is an inevitable tension 
     between the enforcement of arms control, nonproliferation, 
     and disarmament agreements and the implications that such 
     enforcement has for various countries--and therefore the 
     implications that the policies pursued by the Assistant 
     Secretary for V&C will have for the policies pursued by other 
     Bureaus. Therefore, these reports should be submitted to 
     Congress as prepared by the Assistant Secretary to the 
     maximum extent possible, with any concerns of other 
     Bureaus or State Department officials presented in annexes 
     to such reports.


                   ENHANCED ANNUAL (``PELL'') REPORT

       Section 1113 expands the reporting requirement contained in 
     section 403 of the Arms Control and Disarmament Act to 
     include an assessment of the adherence of other nations to 
     commitments such as the Missile Technology Control Regime 
     (MTCR). Compliance with commitments such as the MTCR (which 
     is central to U.S. nonproliferation efforts) is no less 
     important than compliance with arms control measures, and 
     should be assessed in the same report, according to the same 
     standards.
       Section 1113 further amends section 403 of the Arms Control 
     and Disarmament Act by requiring that each report 
     specifically identify, to the maximum extent practicable in 
     unclassified form, each and every compliance question that 
     arises. Although the need to protect sensitive intelligence 
     information and information on diplomatic initiatives is 
     understood, the argument that the confidentiality clause of 
     the START Treaty, in and of itself, bars public 
     identification of violations of that treaty is rejected by 
     most Members. Previous reports included specific unclassified 
     discussions of compliance.
       Additionally, section 1113 requires that compliance 
     questions be carried in each successive report until the 
     situation of concern has been resolved and the conclusion 
     reported to the Congress. In this way, violations will not be 
     allowed to go unresolved or be forgotten.


        REPORT ON START AND START II TREATIES MONITORING ISSUES

       Section 1114 requires an assessment of the capabilities of 
     the intelligence community to monitor compliance with the 
     START and START II Treaties. Specifically, the report 
     requires an assessment of all monitoring activities, the 
     intelligence community assets and capabilities that the 
     Senate was informed would be necessary to accomplish those 
     activities, and the status of those assets. In addition, the 
     report must contain an assessment of all Russian activities 
     relating to the START Treaty which have an impact on the 
     United States' ability to monitor Russian compliance with 
     that Treaty. This section also allows the Director of Central 
     Intelligence to provide exceptionally sensitive, 
     compartmented information separately to the Intelligence 
     Committees. The Intelligence Committees, in turn, have an 
     obligation to make the committees of jurisdiction aware of 
     the pertinent aspects of such information.


                       STANDARDS FOR VERIFICATION

       Section 1115 amends section 306(a) of the Arms Export 
     Control Act to provide the chairman and ranking minority 
     member of the Foreign Relations Committee of the Senate and 
     International Relations Committee of the House of 
     Representatives with the ability to request verifiability 
     assessments of proposals made to, and by, the United States. 
     The Assistant Secretary of State for Verification and 
     Compliance is intended to be responsible for such assessments 
     in accordance with the authorities under section 1112.


             CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY

       Section 1116 relates to seismic monitoring of underground 
     events such as nuclear tests and earthquakes. The scientists 
     who work in the field of seismology provide an invaluable 
     service around the world. Their close monitoring of data 
     helps mankind to anticipate earthquakes, tsunamis and other 
     natural disasters. The field of seismology also is critical 
     to United States monitoring of the nuclear weapons test 
     programs of foreign nations. Section 1116 ensures that the 
     non-governmental U.S. seismological community is given 
     immediate access to all unclassified seismological data 
     provided to the United

[[Page H12583]]

     States Government by any international organization in which 
     the United States participates that is directly responsible 
     for seismological monitoring. If the United States is going 
     to invest funds in such organizations, it should ensure that 
     its participation benefits the nation's universities, science 
     centers, and seismological community. Section 1116 is not 
     intended to require, however, that the United States make 
     public seismological data that a country might submit to an 
     international organization, but that is not part of a network 
     managed or sponsored by such organization.


                 PROTECTION OF UNITED STATES COMPANIES

       Section 1117 provides up to $2,000,000 in funds to be 
     reimbursed by the Department of State to the Federal Bureau 
     of Investigation, at the request of the FBI Director, for the 
     Bureau's assistance in monitoring the activities of foreign 
     nationals who must be given access to United States companies 
     under the Chemical Weapons Convention (CWC). When the Senate 
     gave its advice and consent to the CWC, an issue of great 
     concern was the right of international inspectors to conduct 
     intrusive visits of any company in the United States. To 
     guard against the potential for economic espionage, the 
     Congress required that a special agent of the Federal Bureau 
     of Investigation accompany every inspection team. This 
     imposes a financial burden on the FBI.
       Although this authority has been provided for the next two 
     years, upon expiration of the two year period, it is expected 
     that the FBI will assume all financial responsibility for 
     continued implementation of the Bureau's obligation under the 
     CWC Implementation Act. Section 1117 requires a report from 
     the FBI no later than a year and half from the date of 
     enactment. The purpose of this report is to provide Congress 
     with assurance that the Bureau has taken the necessary steps 
     to assume full responsibility for all aspects of its legal 
     obligations under the Chemical Weapons Convention 
     Implementation Act of 1998.


                REQUIREMENT FOR TRANSMITTAL OF SUMMARIES

       Section 1118 requires that the committees of jurisdiction 
     receive the various arms control summaries that are routinely 
     prepared by United States delegations overseas. Such 
     summaries are expected to be transmitted promptly to the 
     committees.


         MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS

       Chapter 2 of Subtitle A of Title XI (sections 1121-1124) 
     requires the conduct of national trial visits and 
     investigations at United States government facilities and, 
     if at all possible, at private locations such as 
     pharmaceutical plants and biotechnology companies. It 
     further stipulates that personnel specializing in 
     protecting national security and proprietary information 
     participate in these trials to ensure that the risks 
     associated with such measures are fully understood and 
     minimized. A presidential study and report are required 
     regarding the need for investigations and visits, the 
     benefits to be expected, and the risk to national security 
     and commercial industry of such investigations and visits 
     under a Biological Weapons Convention (BWC) compliance 
     protocol now under negotiation.
       It is noted that the threat of biological weapons attack is 
     one of the greatest national security threats facing the 
     United States. For a variety of reasons, the production and 
     stockpiling of these weapons can be readily concealed. The 
     executive branch has yet to articulate how various compliance 
     measures being considered for addition to the existing 
     Biological Weapons Convention will assist in the enforcement 
     of that treaty. At the same time, United States companies 
     that would be required to comply with compliance measures 
     fear significant harm due to loss of proprietary information 
     or unfounded allegations of BWC violations. Accordingly, 
     Chapter 2 requires the executive branch to engage in the same 
     approach to the BWC as was taken in the case of the Chemical 
     Weapons Convention--namely, the conduct of national trial 
     visits and investigations.


         Nuclear Nonproliferation, Safety, and Related Matters

       CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES

       Section 1131 revises and expands the obligation of 
     executive branch agencies to keep the Committee ``fully and 
     currently'' informed of nonproliferation issues. Several 
     agencies have had this obligation for decades, including the 
     Departments of Commerce, Energy, Defense, and State. However, 
     it is a matter of concern that few have been fulfilling their 
     obligations in a timely manner.
       Section 1131 extends part of the reporting obligation 
     contained in section 602 of the Nuclear Nonproliferation Act 
     of 1978 to the Director of Central Intelligence, makes clear 
     that all proliferation matters are to be covered, and 
     requires disclosure of sensitive matters relating to 
     proliferation activities of foreign nations to the Foreign 
     Relations Committee of the Senate and International Relations 
     Committee of the House within 60 days of the executive branch 
     agency in question becoming aware of such activity.


        EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS

       Section 1132 the allocation of any United States Government 
     funds to any individual who is involved in offensive chemical 
     or biological warfare programs. Such activities would violate 
     the Chemical Weapons Convention or the Biological Weapons 
     Convention. This prohibition does not extend to those 
     individuals working on legitimate chemical or biological 
     defense programs.


                 DISPOSITION OF WEAPONS-GRADE MATERIAL

       Section 1133 requires the Secretary of Energy, with the 
     concurrence of the Secretary of Defense, to identify for 
     Congress the number of nuclear weapons pits of each type that 
     it intends to dismantle pursuant to an excess plutonium 
     disposition agreement with Russia. It is not clear to the 
     Executive branch has identified the sources for a self-
     declared fifty metric tons of ``excess'' plutonium. Nor are 
     the implications clear of such a program for maintenance of 
     the Stockpile Stewardship Program of the Department of 
     Energy.
       Additionally, section 1133 seeks advance notice from the 
     executive branch that when the agreement to establish a mixed 
     oxide fuel fabrication or production facility in Russia is 
     submitted to the Congress under section 123 of the Atomic 
     Energy Act, the Secretary of State will be expected to 
     certify that the proposed establishment of a mixed oxide 
     (MOX) fuel plant in Russia will not become a major 
     proliferation concern for future Administrations. Section 
     1133 seeks to guard against such nonproliferation concerns by 
     insisting that clear guarantees be given to the United States 
     by Russia that it will not supply fuel assemblies containing 
     weapons-grade plutonium or sensitive technology related to 
     the MOX facility to any country of concern to the United 
     States. This is essential given the nuclear-supply 
     relationship that Russia has with countries such as Iran and 
     India. Further, section 1133 expects Russia to agree that the 
     MOX facility will be subject to a sufficient level of 
     international safeguards to ensure that special nuclear 
     material (e.g. weapons-grade plutonium) is not diverted.


              PROVISION OF CERTAIN INFORMATION TO CONGRESS

       Section 1134 makes clear that no executive branch agency 
     may legally withhold information that it is required to 
     submit pursuant to section 602 of the Nuclear 
     Nonproliferation Act. It also requires the issuance of 
     directives by these agencies to ensure that all required 
     information, including information contained in Special 
     Access Programs, is provided to the Foreign Relations 
     Committee of the Senate and International Relations Committee 
     of the House of Representatives in a timely fashion, as 
     required by law.


              AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT

       Section 1135 clarifies the type of information that the 
     appropriate committees expect to receive in connection with 
     Congressional notifications of nuclear-related exports for 
     commercial power generation. This provision is not intended 
     in any way to establish an arms sale or reprogramming 
     notification process. It is expected, however, that the 
     Executive branch begin fulfilling its legal obligation to 
     make the requisite nuclear export notifications to the 
     Foreign Relations Committee of the Senate and the 
     International Relations Committee of the House.


           ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME

       Section 1136 amends section 74 of the Arms Export Control 
     Act (AECA), relating to the Missile Technology Control Regime 
     (MTCR), to clarify the meaning of several terms and to revise 
     the report that is required to Congress under this section of 
     the AECA. Most notably, section 1136 makes clear that a 
     country will enjoy substantial protection from the MTCR 
     sanctions law only if it specifically agrees not to transfer 
     any missile-related equipment or technology that would be 
     subject to U.S. jurisdiction under the AECA (if it were 
     U.S.-origin equipment or technology). Any country that has 
     not agreed to take this step--perhaps having only agreed 
     to control production equipment, for instance--should be 
     aware that it still may be sanctioned under the AECA even 
     if it concludes a bilateral understanding with the United 
     States.
       Section 1136 also requires the Director of Central 
     Intelligence to submit a detailed itemization of all credible 
     information indicating that a country which has just 
     concluded an MTCR-agreement with the United States has 
     transferred, or conspired to transfer, equipment or 
     technology in violation of the MTCR sanctions law in the 
     previous two years.


                  AUTHORITY RELATING TO MTCR ADHERENTS

       Section 1137 is a conforming amendment necessitated by the 
     provisions of section 1136(a). It provides the President with 
     the authority to invoke MTCR sanctions against a 
     proliferating entity if such person has not concluded a 
     comprehensive agreement with the United States as defined by 
     section 74(b)(1) of the Arms Export Control Act.


 TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE FORMER 
                              SOVIET UNION

       Section 1138 authorizes the use of funds made available 
     under the ``Nonproliferation, Antiterrorism, Demining, and 
     Related Programs'' accounts, beginning in fiscal year 2001, 
     for science and technology centers in the former Soviet 
     Union. It was decided that the application of this authority 
     would be delayed until 2001 in order to provide the 
     Department of State sufficient time to adjust its foreign 
     operations budget to incorporate

[[Page H12584]]

     this programmatic transfer. The NADR account is more 
     appropriate for science and technology center programs since 
     those activities are, in essence, nonproliferation programs.


   RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND TECHNOLOGY CENTERS

       Section 1139 clarifies that section 503(a)(5) of the 
     FREEDOM Support Act of 1992 authorizes the use of funds to 
     support research activity involving the participation of 
     civilian scientists and engineers, provided that the 
     participation of former Soviet weapons scientists 
     predominates. Section 1139 also makes clear that funding of 
     international exchanges is permitted in order to facilitate 
     the commercial exposure of former weapons scientists. This 
     new flexibility is important to enable the science and 
     technology centers to continue performing their important 
     defense conversion and nonproliferation functions.

                          Security Assistance


                  TRANSFERS OF EXCESS DEFENSE ARTICLES

  EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES

       Section 1211 allows the Department of Defense during fiscal 
     years 2000 and 2001 to reduce excess or obsolete stocks of 
     defense articles by offering equipment to eligible foreign 
     governments for enhancement of their defense capabilities. 
     These equipment transfers are an important element of United 
     States foreign policy. The reauthorization through fiscal 
     year 2004 of the authority to transfer excess defense 
     articles to Greece and Turkey, in accordance with the 
     established ratio, will benefit the security of the United 
     States and bolster the military capabilities of these two 
     important NATO allies.


          EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES

       Section 1212 gives the Department of Defense the authority 
     to use funds appropriated for the national defense of the 
     United States to pay for packing, crating, handling, and 
     transportation of excess defense articles (EDA) to specific 
     countries. Several countries operate under severe budget 
     constraints, and could not afford the costs of packing, 
     crating, handling, and transportation, even if the EDA itself 
     were provided at no cost. Thus, utilization of this authority 
     is recommended in such cases.
       There is concern with the potential impact of section 1212 
     upon the Department of Defense. Accordingly, no funds shall 
     be expended for the crating, packing, handling, or 
     transportation of excess defense articles under this section 
     until the Foreign Relations Committee of the Senate and the 
     International Relations Committee of the House are notified 
     of the amount proposed to be so expended. Through this 
     notification procedure the committees of jurisdiction will 
     minimize the impact upon the defense budget of the non-
     defense spending authorized under section 1212.


  INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE ARTICLES

       Section 1213 increases the dollar value of excess equipment 
     that may be given away for free by the Department of Defense 
     on a yearly basis. The increase is substantial, from 
     $350,000,000 to $425,000,000. This is needed because the 
     United States Armed Forces have determined that it has stocks 
     of obsolete equipment and munitions well in excess of the 
     current ceiling. The military is unwilling to retain large 
     quantities of obsolete material and will destroy or 
     demilitarize useful equipment if it cannot be provided to 
     another party in a timely manner.


                   Foreign Military Sales Authorities

           TERMINATION OF FOREIGN MILITARY FINANCED TRAINING

       Section 1221 provides the United States Government with the 
     ability to terminate training or study programs with foreign 
     nations in a more orderly fashion by allowing funds to be 
     expended, under certain circumstances, to complete training 
     or study programs already underway at the time of 
     termination.


                  SALES OF EXCESS COAST GUARD PROPERTY

       Section 1222 authorizes the United States Government to 
     provide excess Coast Guard equipment on a sales basis, in 
     addition to the extant grant authority. On occasion, the 
     United States Coast Guard determines that some of its smaller 
     vessels are excess. These vessels are suitable for various 
     countries which may not possess a ``blue water'' navy but are 
     in need of equipment for coastal and riverine defense, and 
     for Search-and-Rescue Operations.
       Currently, section 516(i) of the Foreign Assistance 
     Authorization Act of 1961 authorizes the grant transfer of 
     excess Coast Guard equipment to eligible foreign countries 
     for their defense capabilities. Current law, under section 21 
     of the AECA, does not authorize the sale of excess Coast 
     Guard equipment. Section 1222 remedies this situation.
       The sale of excess Coast Guard equipment to foreign 
     countries is preferable to donation under a grant authority. 
     This will generate funds for the United States Treasury 
     miscellaneous receipts account. To the maximum extent 
     possible, Coast Guard vessels will be transferred pursuant to 
     this sale authority rather than grant authority.


           COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

       Section 1223 permanently amends current law to include a 
     provision contained in annual appropriations legislation 
     since fiscal year 1996. Section 1223 allows direct costs 
     associated with meeting additional or unique requirements for 
     foreign customers to be paid with foreign military financing 
     (FMF) grants. Loadings associated with such costs must be at 
     the same rates as those applicable to the Defense Department. 
     Under this provision the costs of defense goods and services 
     are reduced to FMF grant recipients, thereby stretching 
     scarce security assistance resources.


          NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES

       Section 1224 amends the Arms Export Control Act to ensure 
     that the committees of jurisdiction are notified of any 
     upgrades or enhancements to the technology or capability of a 
     defense article or service which already has been notified to 
     the Committee pursuant to section 36(c) of the Arms Export 
     Control Act (which relates to commercial arms sales).


                  UNAUTHORIZED USE OF DEFENSE ARTICLES

       Section 1225 amends section 3 of the Arms Export Control 
     Act to require formal agreement between the United States and 
     recipient nations that the United States retains the right to 
     verify credible reports that United States Munitions List 
     articles have been used for unauthorized purposes. Section 4 
     of the AECA enumerates the purposes for which defense 
     articles may be furnished, including internal security and 
     legitimate self-defense. Therefore, although it may prove 
     difficult, the executive branch must ensure that defense 
     articles are used only for these or other permitted 
     activities, and not for non-authorized actions (such as 
     torture and the violation of human rights).


         Stockpiling of Defense Articles for Foreign Countries

      ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES

       Pursuant to section 514 of the Foreign Assistance Act of 
     1961, the Department of Defense can only make additions to 
     War Reserve Stockpiles for Allies as specifically provided 
     for in legislation. Section 1231, proposed by the House, 
     authorizes the President to make $40,000,000 in additions to 
     stockpiles in Korea and $20,000,000 in Thailand for fiscal 
     year 2000.
       The War Reserve Stockpiles for Allies programs in both 
     Korea and Thailand directly support the United States 
     strategy of forward engagement in the Pacific theater. Both 
     the Republic of Korea and the Government of Thailand assume 
     the cost of storage, maintenance and security of these 
     stockpiles, thereby saving the United States significant 
     operating expenses. These stocks directly support the U.S. 
     plans for the defense of Korea. They also help to ensure 
     continued access to staging facilities in Thailand (which 
     have become all the more important with the loss of base 
     rights in the Philippines).
       Stockpiles enable equipment and supplies to be pre-
     positioned in key parts of the world to enhance U.S. and host 
     country defense readiness. While items in the stockpiles 
     remain the property of the United States Government, they can 
     be set aside for use by host nation forces in accordance with 
     section 514(a) of the FAA. Since 1972 the United States has 
     maintained a war stockpile in the Republic of Korea, placing 
     obsolete or excess munitions in storage as military 
     requirements determined. The stockpile in Thailand has been 
     maintained since 1987.
       Section 1231 will enable the United States to avoid the 
     maintenance, storage, transportation, and demilitarization 
     costs of excess munitions by transferring these items to 
     Korea. By agreement with the Government of Korea, United 
     States payment of the storage of assets designated as war 
     reserve stockpiles is deferred until the United States uses 
     or sells the munitions to another country, although the 
     assets remain under U.S. title at all times.
       While excess and obsolete munitions could be disposed of 
     through either foreign military sales or demilitarization, 
     neither option is optimal. Foreign military sales to other 
     countries are limited due to the extra cost incurred by the 
     buyer to transport the munitions from the Korean peninsula. 
     Demilitarization is a very slow and expensive process. The 
     cost to the United States Army to retrograde to the United 
     States and demilitarize the munitions covered by section 1231 
     would also prove significant. Transfer of excess and obsolete 
     munitions to the Korean War Reserve Stockpile, however, will 
     result in the avoidance of those costs, increase storage 
     space for U.S. Forces Korea, and improve the warfighting 
     readiness of the Republic of Korea and the Combined Forces 
     Command.
       The additional $20,000,000 authorization for Thailand is 
     required to fulfill expected U.S. obligations under the 
     Memorandum of Understanding establishing the Thai War Reserve 
     Stockpiles program. It is expected that the U.S. contribution 
     will be matched dollar-for-dollar by the Government of 
     Thailand.


  TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN THE WAR 
                     RESERVES STOCKPILE FOR ALLIES

       Section 1232 provides authority to the United States Armed 
     Forces to transfer obsolete or surplus stocks out of the War 
     Reserve Stockpiles in Korea and Thailand. In exchange for 
     providing these stocks to Korea

[[Page H12585]]

     and Thailand, the United States will negotiate concessions in 
     the form of cash compensation, services, waiver of charges 
     otherwise payable by the U.S. Government, and other items 
     of value. During 1995 and 1996, the U.S. Government traded 
     $66,620,000 in obsolete and surplus equipment to the 
     Republic of Korea for a like sum in concessions. These 
     concessions included reclamation of equipment that was 
     deemed surplus or obsolete but for which a need 
     subsequently arose, minus the costs associated with 
     storing the items by the Republic of Korea. Additionally, 
     the Republic of Korea demilitarized equipment at no cost 
     to the United States and accepted older equipment such as 
     the M48A5 tanks and the M-110A2 Howitzer from the 
     stockpiles which were missing spares and no longer 
     supportable.
       Section 1232 requires fair market value compensation to the 
     United States for surplus and obsolete munitions. It also 
     will relieve the U.S. Government of financial indebtedness 
     for back storage costs and other stockpile maintenance costs, 
     and save millions in cost avoidance to demilitarize, destroy, 
     or retrograde the munitions and equipment back to the United 
     States.
       Section 1232 requires the Department of Defense to submit a 
     report to the Foreign Relations Committee of the Senate and 
     the International Relations Committee of the House of 
     Representatives at least 30 days prior to any transfer by the 
     Department of Defense to the Republic of Korea or the 
     Government of Thailand, detailing such transfer and the 
     negotiated concessions for excess or obsolete equipment. A 
     more comprehensive accounting of such concessions is expected 
     than was previously provided pursuant to authority contained 
     in the Fiscal Year 1994-95 Foreign Relations Authorization 
     Act (Public Law 103-236).


                       Defense Offsets Disclosure

                 DEFENSE OFFSETS DISCLOSURE ACT OF 1999

       Subtitle D of Title XII (sections 1241-1248) establishes 
     United States policy on economic offsets, revises executive 
     branch reporting requirements to Congress on such matters, 
     expands the existing prohibition within the Arms Export 
     Control Act relating to incentive payments, and establishes a 
     National Commission on the Use of Offsets in Defense Trade to 
     assess all aspects of the issue.
       The term ``offsets'' refers to the practice by foreign 
     countries of demanding economic concessions as incentives to 
     buy U.S. defense products. Notably, the demand by foreign 
     nations for ``offsets'' in defense trade costs jobs and hurts 
     the United States economy.
       However, it is also noted that, in this highly-competitive 
     era, offsets may prove necessary. As long as foreign 
     competitors are willing to offer economic concessions and 
     incentives, U.S. companies risk losing important sales if 
     they refuse to do likewise. The Defense Offsets Disclosure 
     Act of 1999 adopts a prudent, business-friendly approach to a 
     matter that is of extreme sensitivity to United States 
     companies. While the long-term objective of Subtitle D is to 
     curtail the use of offsets in defense trade, as a practical 
     matter the Act simply establishes a process whereby the 
     President should seek multilateral agreement on standards for 
     the use of offsets and may, if he concurs with the findings 
     of a commission of experts, commence negotiation of a treaty 
     to address the issue.


         Automated Export System Relating to Export Information

            PROLIFERATION PREVENTION ENHANCEMENT ACT OF 1999

       Subtitle E of Title XII (sections 1251-1256) creates an 
     electronic filing system for shippers export declarations 
     made to the U.S. Customs Service. Specifically, the Act 
     mandates use of an automated export system that has been in 
     existence since 1995, but which is only used by roughly 10 
     percent of the U.S. shipping community. Creation of an 
     internet-based electronic system will enable the United 
     States Government to track sophisticated efforts by nations 
     to acquire sensitive technology. Currently, the United States 
     is hampered in its efforts to track foreign acquisition 
     efforts because the current export declaration process is 
     paper-intensive, and because foreign nations seldom engage in 
     ``one stop shopping.'' Indeed, many nations engage in diffuse 
     procurement schemes to acquire components and materials from 
     a wide array of sources. It is very difficult for those 
     agencies within the executive branch tasked with monitoring 
     foreign weapons programs to cull through mountains of paper 
     to discover important patterns and linkages.
       The establishment of an internet system will assist in this 
     effort. It also will, in the long-run, prove more ``business 
     friendly'' than the current system. Section 1252 ensures that 
     ``on-line'' help is given to those who must use the system, 
     which must be secure and capable of handling the expected 
     volume of information, and allows for printed hard copies of 
     documents for business records. The Department of Commerce is 
     expected to keep the Foreign Relations Committee of the 
     Senate and the International Relations Committee of the House 
     completely informed on the system's electronic architecture, 
     and section 1254 requires the Department of Commerce to 
     consult with other relevant agencies and submit a report on 
     how the system can be optimized for law enforcement and 
     nonproliferation purposes, consistent with the need to ensure 
     the confidentiality of business information.
       Section 1255 also addresses concerns of the U.S. business 
     community by eliminating current salary limitations for the 
     Office of Defense Trade Controls of the Department of State. 
     These limitations, imposed by the Office of Personnel 
     Management, have severely impaired the ability of ODTC to 
     recruit and retain licensing officers and other individuals. 
     It is anticipated that the flexibility provided under section 
     1255, together with the additional resources made available 
     to ODTC under section 1310, will enable the Department of 
     State to improve the efficiency of ODTC.


          INTERNATIONAL ARMS SALES CODE OF CONDUCT ACT OF 1999

       Subtitle F of Title XII (sections 1261 and 1262) directs 
     the President to pursue negotiations to establish an 
     international regime to promote global transparency with 
     respect to arms transfers, and to limit, restrict, or 
     prohibit arms transfers to countries that do not observe 
     certain fundamentals of human liberty, peace, and 
     international stability. While the President is given 
     discretion in preparing a United States negotiating position, 
     section 1262(b) enumerates criteria which should factor 
     prominently.
       In order to maintain momentum for negotiation of an 
     international code of conduct, section 1612(c) requires 
     frequent reports detailing the progress made, if any, 
     throughout such negotiations. Further, this section directs 
     that the annual human rights report prepared pursuant to the 
     Foreign Assistance Act describe the extent to which foreign 
     nations meet the criteria established under section 1262(b).


         Transfer of Naval Vessels to Certain Foreign Countries

                  AUTHORITY TO TRANSFER NAVAL VESSELS

       Section 1271 makes technical and conforming amendments to 
     existing law relating to the transfer of naval vessels to 
     foreign nations. Transfers of naval vessels, like the 
     transfer of all military equipment, are subject to the 
     jurisdiction of the Committee on Foreign Relations of the 
     Senate and International Relations of the House of 
     Representatives. However, for budgetary scoring reasons, the 
     Congressional defense committees authorized a series of ship 
     transfers under section 1018 of the National Defense 
     Authorization Act for Fiscal Year 2000. That section 
     authorizes the Secretary of the Navy to transfer naval 
     vessels when, in fact, the authority should be given to the 
     President in order to remain consistent with the requirements 
     of the Foreign Assistance Act and the Arms Export Control 
     Act. Section 1271 makes this minor technical amendment; it 
     also transfers the authority to exempt naval vessel transfers 
     from excess defense article limitations from the defense bill 
     to the foreign affairs bill, which is the appropriate 
     legislative vehicle for such an authority.

                        Miscellaneous Provisions


                PUBLICATION OF ARMS SALES CERTIFICATIONS

       Section 1301 amends section 36 of the Arms Export Control 
     Act to ensure that the full unclassified text of all 
     certifications of arms sales, including foreign military 
     sales, commercial sales, and the provision of defense 
     services, is published in the Federal Register in a timely 
     fashion. This section also requires that if portions of such 
     certifications are classified, pursuant to section 36(b) and 
     (c), the classified information be accompanied by a 
     description of the damage to the national security that could 
     be expected to result from public disclosure of the 
     information.


  NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF ITEMS ON UNITED 
                         STATES MUNITIONS LIST

       Section 1302 requires U.S. commercial defense exporters to 
     submit information to the Department of State which will help 
     to improve arms export shipment data. This provision is 
     necessary to address the long-standing problem of incomplete 
     commercial arms delivery data.


                 ENFORCEMENT OF ARMS EXPORT CONTROL ACT

       Section 1303 strengthens enforcement of civil violations of 
     the Arms Export Control Act. The Department of State relies 
     on the Department of Justice to prosecute criminal violations 
     of the AECA, but lacks resources to pursue administrative 
     proceedings relating to civil violations as vigorously as 
     would be desired.
       In order to streamline the procedures in a manner that 
     would continue to ensure a fair opportunity for persons and 
     firms to represent their views, while simultaneously 
     encouraging the viable and vigorous enforcement that is 
     critical to protecting U.S. national security, the Secretary 
     of State is provided with authority similar to that used to 
     enforce other statutes, including the International Emergency 
     Economic Powers Act, to assess civil penalties directly in 
     accordance with regulations. It is expected that the 
     Department of State will still be required to commence a 
     civil action in order to recover such any such disputed 
     penalties, thereby continuing to afford parties an 
     opportunity to contest the assessment in court. It is further 
     expected that the Department will provide draft regulations 
     proposed to implement this section to the Committees on 
     International Relations and Foreign Relations for review, 
     thereby affording defense exporters the ability to provide 
     input. Such regulations should permit the parties to explain 
     their actions and make known their views fully through 
     written submissions and provide ample opportunity for 
     settlement.
       This provision is not intended to erode due process for 
     defense exporters, and such exporters, under regulations 
     promulgated to

[[Page H12586]]

     implement this section, will be provided a fair and 
     transparent process to understand and address any charges 
     being asserted against them.


         VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS

       Section 1304 modifies section 38 of the Arms Export Control 
     Act to ensure that the Office of Defense Trade Controls 
     within the Department of State, which issues commercial 
     defense export licenses, is fully informed of any person that 
     is subject to an indictment or has been convicted of a 
     violation of law regarding providing material support to 
     terrorists.


AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S. BOWMAN COUNTY 
                     TO USS LST SHIP MEMORIAL, INC.

       Section 1305 enables a nonprofit veterans association to 
     bring back to the United States from Greece a World War II 
     Tank Landing Ship--the ex-U.S.S. Bowman County. This vessel 
     will have its guns demilitarized prior to re-transfer and 
     will be transformed into a movable museum that will dock at 
     predetermined locations to teach children, and adults, about 
     the crucial role played by tank landing ships and their crews 
     during the Second World War. There is no more fitting a war 
     memorial than a museum that is owned and operated by a group 
     of its own veterans who are willing to dedicate their time to 
     educating the citizens of the United States.


                   ANNUAL MILITARY ASSISTANCE REPORT

       Section 1306 expands and clarifies the information relating 
     to military assistance and military exports that the 
     President is required to transmit to Congress each February 
     1, pursuant to section 655 of the Foreign Assistance Act of 
     1961. Currently, this report includes information about the 
     International Military Education and Training (IMET) program, 
     but not about other military education and training 
     activities that the United States conducts with foreign 
     countries. It is intended that future reports include 
     information about activities under Title 10 of the U.S. Code, 
     such as the Military-to-Military Contacts Program (MMCP) and 
     the Joint Combined Exchange Training (JCET) program. This 
     provision is not intended, however, to cover joint 
     military exercises or NATO operations.
       Section 1306 also requires separate identification of 
     defense articles furnished with the financial assistance of 
     the U.S. government, such as Foreign Military Financing loans 
     and U.S. government-backed loan guarantees. These items are 
     currently grouped together with commercial sales. Finally, 
     the provision requires that the report be published in 
     unclassified form on the internet through the State 
     Department.


                ANNUAL FOREIGN MILITARY TRAINING REPORT

       Section 1307 creates a new report to be jointly prepared by 
     the Departments of State and Defense. The report is to cover 
     all military training provided to foreign military personnel 
     by the Departments of Defense and State. The provision also 
     requires that the report be published in unclassified form on 
     the State Department's internet website.


                SECURITY ASSISTANCE FOR THE PHILIPPINES

       Section 1308 establishes United States policy for the 
     transfer of excess defense articles to the Philippines and 
     authorizes $5,000,000 in foreign military financing for each 
     of fiscal years 2000 and 2001. The section encourages the 
     President to transfer to the Philippines, on a grant basis, 
     UH-1H helicopters, A-4 aircraft, amphibious landing craft, 
     and other naval vessels that become available under the 
     excess defense articles program. Section 1309 is viewed as a 
     way of expressing Congressional support for reinvigorating 
     our security relationship with the Philippines.


          EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES

       Section 1309 establishes a requirement for the Department 
     of State to expedite the export of commercial communications 
     satellites (and related equipment) to NATO and major non-NATO 
     allies when appropriate. It is intended that the 
     determination of appropriateness reside with the Department 
     of State. Section 1309 establishes four criteria that should 
     denote a satellite or satellite-related license as eligible 
     for expedited consideration. However, section 1309 makes 
     clear that U.S. national security considerations and U.S. 
     obligations under the Missile Technology Control Regime are 
     given priority in the evaluation of any license, regardless 
     of its end-user or time-sensitive nature. Further, the 
     provision makes clear that the Department of State is, at all 
     times, to provide such time as is necessary for U.S. national 
     security agencies to fully review a license.
       Section 1309 also seeks to expedite the licensing of United 
     States Munitions List items across the board by applying 
     additional resources to the Office of Defense Trade Controls 
     within the Department of State. The provision authorizes 
     $9,000,000 for ODTC for each of fiscal years 2000 and 2001. 
     Additional resources are intended to be used to hire 
     licensing officers and enforcement personnel, and to update 
     ODTC's computer systems. Frequent, periodic briefings on ODTC 
     plans and expenditures are expected and there is interest in 
     progress toward implementing an internet-based filing and 
     review system for Munitions List items.


      STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT CONTROL ACT

       Section 1310 requests that the Department of State 
     undertake a highly-technical, highly-detailed analysis of the 
     defense trade licensed by the Department of State. The broad 
     scope of the information sought under section 1310 is 
     intended to provide the Congress with information that will 
     assist the committees of jurisdiction in working with the 
     Department of State to improve the licensing process.


             REPORT CONCERNING PROLIFERATION OF SMALL ARMS

       Section 1311 requires the Department of State to complete 
     an analysis of the global trade in small arms. The illicit 
     transfer of small and light arms constitutes a source of 
     global instability, but recognize that the monitoring of such 
     trafficking is difficult. It is expected that Assistant 
     Secretary for Verification and Compliance to be responsible 
     for preparing portions of this report, including that 
     relating to United States monitoring of the compliance of 
     foreign governments with their commitments under 
     international agreements.


                          CONFORMING AMENDMENT

       Section 1312 is a conforming amendment to the Fiscal Year 
     1999 Defense Authorization Act. Specifically, section 1312 
     ensures that the Foreign Relations Committee of the Senate 
     and the International Relations Committee of the House will 
     be notified of developments in the pursuit of alternatives to 
     anti-personnel land mines.


                       SENSE OF CONGRESS LANGUAGE

       Sense of Senate or Sense of the Congress provisions 
     approved in previous authorization bills were not included in 
     the final bill. The House and Senate provisions, as passed, 
     reflect the views of each of the respective houses of 
     Congress.
       The conference agreement would enact the provisions of H.R. 
     3428, as introduced on November 17, 1999. The text of that 
     bill follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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.
       (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

[[Page H12587]]

     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 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 
     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.''.
       Following is explanatory language on S. 1948 as introduced 
     on November 17, 1999.
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intellectual Property and Communications Omnibus Reform Act 
     of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

               TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

Sec. 1001. Short title.
Sec. 1002. Limitations on exclusive rights; secondary transmissions by 
              satellite 
              carriers within local markets.
Sec. 1003. Extension of effect of amendments to section 119 of title 
              17, United States Code.
Sec. 1004. Computation of royalty fees for satellite carriers.
Sec. 1005. Distant signal eligibility for consumers.
Sec. 1006. Public broadcasting service satellite feed.
Sec. 1007. Application of Federal Communications Commission 
              regulations.
Sec. 1008. Rules for satellite carriers retransmitting television 
              broadcast signals.
Sec. 1009. Retransmission consent.
Sec. 1010. Severability.
Sec. 1011. Technical amendments.
Sec. 1012. Effective dates.

                TITLE II--RURAL LOCAL TELEVISION SIGNALS

Sec. 2001. Short title.
Sec. 2002. Local television service in unserved and underserved 
              markets.

              TITLE III--TRADEMARK CYBERPIRACY PREVENTION

Sec. 3001. Short title; references.
Sec. 3002. Cyberpiracy prevention.
Sec. 3003. Damages and remedies.
Sec. 3004. Limitation on liability.
Sec. 3005. Definitions.
Sec. 3006. Study on abusive domain name registrations involving 
              personal names.
Sec. 3007. Historic preservation.
Sec. 3008. Savings clause.
Sec. 3009. Technical and conforming amendments.
Sec. 3010. Effective date.

                     TITLE IV--INVENTOR PROTECTION

Sec. 4001. Short title.

                     Subtitle A--Inventors' Rights

Sec. 4101. Short title.
Sec. 4102. Integrity in invention promotion services.
Sec. 4103. Effective date.

             Subtitle B--Patent and Trademark Fee Fairness

Sec. 4201. Short title.
Sec. 4202. Adjustment of patent fees.
Sec. 4203. Adjustment of trademark fees.
Sec. 4204. Study on alternative fee structures.
Sec. 4205. Patent and Trademark Office Funding.
Sec. 4206. Effective date.

                   Subtitle C--First Inventor Defense

Sec. 4301. Short title.
Sec. 4302. Defense to patent infringement based on earlier inventor.
Sec. 4303. Effective date and applicability.

                   Subtitle D--Patent Term Guarantee

Sec. 4401. Short title.
Sec. 4402. Patent term guarantee authority.
Sec. 4403. Continued examination of patent applications.
Sec. 4404. Technical clarification.
Sec. 4405. Effective date.

   Subtitle E--Domestic Publication of Patent Applications Published 
                                 Abroad

Sec. 4501. Short title.
Sec. 4502. Publication.
Sec. 4503. Time for claiming benefit of earlier filing date.
Sec. 4504. Provisional rights.
Sec. 4505. Prior art effect of published applications.
Sec. 4506. Cost recovery for publication.
Sec. 4507. Conforming amendments.
Sec. 4508. Effective date.

       Subtitle F--Optional Inter Partes Reexamination Procedure

Sec. 4601. Short title.
Sec. 4602. Ex parte reexamination of patents.
Sec. 4603. Definitions.
Sec. 4604. Optional inter partes reexamination procedures.
Sec. 4605. Conforming amendments.
Sec. 4606. Report to Congress.
Sec. 4607. Estoppel effect of reexamination.
Sec. 4608. Effective date.

                Subtitle G--Patent and Trademark Office

Sec. 4701. Short title.

          Chapter 1--United States Patent and Trademark Office

Sec. 4711. Establishment of Patent and Trademark Office.
Sec. 4712. Powers and duties.
Sec. 4713. Organization and management.
Sec. 4714. Public advisory committees.
Sec. 4715. Conforming amendments.
Sec. 4716. Trademark Trial and Appeal Board.
Sec. 4717. Board of Patent Appeals and Interferences.
Sec. 4718. Annual report of Director.
Sec. 4719. Suspension or exclusion from practice.
Sec. 4720. Pay of Director and Deputy Director.

            Chapter 2--Effective Date; Technical Amendments

Sec. 4731. Effective date.
Sec. 4732. Technical and conforming amendments.

                  Chapter 3--Miscellaneous Provisions

Sec. 4741. References.

[[Page H12588]]

Sec. 4742. Exercise of authorities.
Sec. 4743. Savings provisions.
Sec. 4744. Transfer of assets.
Sec. 4745. Delegation and assignment.
Sec. 4746. Authority of Director of the Office of Management and Budget 
              with respect to functions transferred.
Sec. 4747. Certain vesting of functions considered transfers.
Sec. 4748. Availability of existing funds.
Sec. 4749. Definitions.

              Subtitle H--Miscellaneous Patent Provisions

Sec. 4801. Provisional applications.
Sec. 4802. International applications.
Sec. 4803. Certain limitations on damages for patent infringement not 
              applicable.
Sec. 4804. Electronic filing and publications.
Sec. 4805. Study and report on biological deposits in support of 
              biotechnology 
              patents.
Sec. 4806. Prior invention.
Sec. 4807. Prior art exclusion for certain commonly assigned patents.
Sec. 4808. Exchange of copies of patents with foreign countries.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Commission on online child protection.
Sec. 5002. Privacy protection for donors to public broadcasting 
              entities.
Sec. 5003. Completion of biennial regulatory review.
Sec. 5004. Public broadcasting entities.
Sec. 5005. Technical amendments relating to vessel hull design 
              protection.
Sec. 5006. Informal rulemaking of copyright determination.
Sec. 5007. Service of process for surety corporations.
Sec. 5008. Low-power television.

                  TITLE VI--SUPERFUND RECYCLING EQUITY

Sec. 6001. Superfund recycling equity.

               TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Satellite Home Viewer 
     Improvement Act of 1999''.

     SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY 
                   TRANSMISSIONS BY SATELLITE CARRIERS WITHIN 
                   LOCAL MARKETS.

       (a) In General.--Chapter 1 of title 17, United States Code, 
     is amended by adding after section 121 the following new 
     section:

     ``Sec. 122. Limitations on exclusive rights; secondary 
       transmissions by satellite carriers within local markets

       ``(a) Secondary Transmissions of Television Broadcast 
     Stations by Satellite Carriers.--A secondary transmission of 
     a performance or display of a work embodied in a primary 
     transmission of a television broadcast station into the 
     station's local market shall be subject to statutory 
     licensing under this section if--
       ``(1) the secondary transmission is made by a satellite 
     carrier to the public;
       ``(2) with regard to secondary transmissions, the satellite 
     carrier is in compliance with the rules, regulations, or 
     authorizations of the Federal Communications Commission 
     governing the carriage of television broadcast station 
     signals; and
       ``(3) the satellite carrier makes a direct or indirect 
     charge for the secondary transmission to--
       ``(A) each subscriber receiving the secondary transmission; 
     or
       ``(B) a distributor that has contracted with the satellite 
     carrier for direct or indirect delivery of the secondary 
     transmission to the public.
       ``(b) Reporting Requirements.--
       ``(1) Initial lists.--A satellite carrier that makes 
     secondary transmissions of a primary transmission made by a 
     network station under subsection (a) shall, within 90 days 
     after commencing such secondary transmissions, submit to the 
     network 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 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 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

[[Page H12589]]

     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).''.
       (b) Infringement of Copyright.--Section 501 of title 17, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(f )(1) With respect to any secondary transmission that 
     is made by a satellite carrier of a performance or display of 
     a work embodied in a primary transmission and is actionable 
     as an act of infringement under section 122, a television 
     broadcast station holding a copyright or other license to 
     transmit or perform the same version of that work shall, for 
     purposes of subsection (b) of this section, be treated as a 
     legal or beneficial owner if such secondary transmission 
     occurs within the local market of that station.
       ``(2) A television broadcast station may file a civil 
     action against any satellite carrier that has refused to 
     carry television broadcast signals, as required under section 
     122(a)(2), to enforce that television broadcast station's 
     rights under section 338(a) of the Communications Act of 
     1934.''.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 1 of title 17, United States Code, is 
     amended by adding after the item relating to section 121 the 
     following:

``122. Limitations on exclusive rights; secondary transmissions by 
              satellite carriers within local market.''.

     SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 
                   OF TITLE 17, UNITED STATES CODE.

       Section 4(a) of the Satellite Home Viewer Act of 1994 (17 
     U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is 
     amended by striking ``December 31, 1999'' and inserting 
     ``December 31, 2004''.

     SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE 
                   CARRIERS.

       Section 119(c) of title 17, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) Reduction.--
       ``(A) Superstation.--The rate of the royalty fee in effect 
     on January 1, 1998, payable in each case under subsection 
     (b)(1)(B)(i) shall be reduced by 30 percent.
       ``(B) Network and public broadcasting satellite feed.--The 
     rate of the royalty fee in effect on January 1, 1998, payable 
     under subsection (b)(1)(B)(ii) shall be reduced by 45 
     percent.
       ``(5) Public broadcasting service as agent.--For purposes 
     of section 802, with respect to royalty fees paid by 
     satellite carriers for retransmitting the Public Broadcasting 
     Service satellite feed, the Public Broadcasting Service shall 
     be the agent for all public television copyright claimants 
     and all Public Broadcasting Service member stations.''.

     SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.

       (a) Unserved Household.--
       (1) In general.--Section 119(d) of title 17, United States 
     Code, is amended by striking paragraph (10) and inserting the 
     following:
       ``(10) Unserved household.--The term `unserved household', 
     with respect to a particular television network, means a 
     household that--
       ``(A) cannot receive, through the use of a conventional, 
     stationary, outdoor rooftop receiving antenna, an over-the-
     air signal of a primary network station affiliated with that 
     network of Grade B intensity as defined by the Federal 
     Communications Commission under section 73.683(a) of title 47 
     of the Code of Federal Regulations, as in effect on January 
     1, 1999;
       ``(B) is subject to a waiver granted under regulations 
     established under section 339(c)(2) of the Communications Act 
     of 1934;
       ``(C) is a subscriber to whom subsection (e) applies;
       ``(D) is a subscriber to whom subsection (a)(11) applies; 
     or
       ``(E) is a subscriber to whom the exemption under 
     subsection (a)(2)(B)(iii) applies.''.
       (2) Conforming amendment.--Section 119(a)(2)(B) of title 
     17, United States Code, is amended to read as follows:
       ``(B) Secondary transmissions to unserved households.--
       ``(i) In general.--The statutory license provided for in 
     subparagraph (A) shall be limited to secondary transmissions 
     of the signals of no more than two network stations in a 
     single day for each television network to persons who reside 
     in unserved households.
       ``(ii) Accurate determinations of eligibility.--

       ``(I) Accurate predictive model.--In determining 
     presumptively whether a person resides in an unserved 
     household under subsection (d)(10)(A), a court shall rely on 
     the Individual Location Longley-Rice model set forth by the 
     Federal Communications Commission in Docket No. 98-201, as 
     that model may be amended by the Commission over time under 
     section 339(c)(3) of the Communications Act of 1934 to 
     increase the accuracy of that model.
       ``(II) Accurate measurements.--For purposes of site 
     measurements to determine whether a person resides in an 
     unserved household under subsection (d)(10)(A), a court shall 
     rely on section 339(c)(4) of the Communications Act of 1934.

       ``(iii) C-band exemption to unserved households.--

       ``(I) In general.--The limitations of clause (i) shall not 
     apply to any secondary transmissions by C-band services of 
     network stations that a subscriber to C-band service received 
     before any termination of such secondary transmissions before 
     October 31, 1999.
       ``(II) Definition.--In this clause the term `C-band 
     service' means a service that is licensed by the Federal 
     Communications Commission and operates in the Fixed Satellite 
     Service under part 25 of title 47 of the Code of Federal 
     Regulations.''.

       (b) Exception to Limitation on Secondary Transmissions.--
     Section 119(a)(5) of title 17, United States Code, is amended 
     by adding at the end the following:
       ``(E) Exception.--The secondary transmission by a satellite 
     carrier of a performance or display of a work embodied in a 
     primary transmission made by a network station to 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).
       ``(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--

[[Page H12590]]

       ``(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:
       ``(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.--
       ``(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 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.
       ``(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

[[Page H12591]]

     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.
       ``(c) Eligibility for Retransmission.--
       ``(1) Signal standard for satellite carrier purposes.--For 
     the purposes of identifying an unserved household under 
     section 119(d)(10) of title 17, United States Code, within 1 
     year after the date of the enactment of the Satellite Home 
     Viewer Improvement Act of 1999, the Commission shall conclude 
     an inquiry to evaluate all possible standards and factors for 
     determining eligibility for retransmissions of the signals of 
     network stations, and, if appropriate--
       ``(A) recommend modifications to the Grade B intensity 
     standard for analog signals set forth in section 73.683(a) of 
     its regulations (47 CFR 73.683(a)), or recommend alternative 
     standards or factors for purposes of determining such 
     eligibility; and
       ``(B) make a further recommendation relating to an 
     appropriate standard for digital signals.
       ``(2) Waivers.--A subscriber who is denied the 
     retransmission of a signal of a network station under section 
     119 of title 17, United States Code, may request a waiver 
     from such denial by submitting a request, through such 
     subscriber's satellite carrier, to the network station 
     asserting that the retransmission is prohibited. The 
     network station shall accept or reject a subscriber's 
     request for a waiver within 30 days after receipt of the 
     request. The subscriber shall be permitted to receive such 
     retransmission under section 119(d)(10)(B) of title 17, 
     United States Code, if such station agrees to the waiver 
     request and files with the satellite carrier a written 
     waiver with respect to that subscriber allowing the 
     subscriber to receive such retransmission. If a television 
     network station fails to accept or reject a subscriber's 
     request for a waiver within the 30-day period after 
     receipt of the request, that station shall be deemed to 
     agree to the waiver request and have filed such written 
     waiver.
       ``(3) Establishment of improved predictive model 
     required.--Within 180 days after the date of the enactment of 
     the Satellite Home Viewer Improvement Act of 1999, the 
     Commission shall take all actions necessary, including any 
     reconsideration, to develop and prescribe by rule a point-to-
     point predictive model for reliably and presumptively 
     determining the ability of individual locations to receive 
     signals in accordance with the signal intensity standard in 
     effect under section 119(d)(10)(A) of title 17, United States 
     Code. In prescribing such model, the Commission shall rely on 
     the Individual Location Longley-Rice model set forth by the 
     Federal Communications Commission in Docket No. 98-201 and 
     ensure that such model takes into account terrain, building 
     structures, and other land cover variations. The Commission 
     shall establish procedures for the continued refinement in 
     the application of the model by the use of additional data as 
     it becomes available.
       ``(4) Objective verification.--
       ``(A) In general.--If a subscriber's request for a waiver 
     under paragraph (2) is rejected and the subscriber submits to 
     the subscriber's satellite carrier a request for a test 
     verifying the subscriber's inability to receive a signal that 
     meets the signal intensity standard in effect under section 
     119(d)(10)(A) of title 17, United States Code, the satellite 
     carrier and the network station or stations asserting that 
     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 
     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

[[Page H12592]]

       ``(E) during the 6-month period beginning on the date of 
     the enactment of the Satellite Home Viewer Improvement Act of 
     1999, to the retransmission of the signal of a television 
     broadcast station within the station's local market by a 
     satellite carrier directly to its subscribers under the 
     statutory license of section 122 of title 17, United States 
     Code.
     For purposes of this paragraph, the terms `satellite carrier' 
     and `superstation' have the meanings given those terms, 
     respectively, in section 119(d) of title 17, United States 
     Code, as in effect on the date of the enactment of the Cable 
     Television Consumer Protection and Competition Act of 1992, 
     the term `unserved household' has the meaning given that term 
     under section 119(d) of such title, and the term `local 
     market' has the meaning given that term in section 122( j) of 
     such title.'';
       (2) by adding at the end of paragraph (3) the following new 
     subparagraph:
       ``(C) Within 45 days after the date of the enactment of the 
     Satellite Home Viewer Improvement Act of 1999, the Commission 
     shall commence a rulemaking proceeding to revise the 
     regulations governing the exercise by television broadcast 
     stations of the right to grant retransmission consent under 
     this subsection, and such other regulations as are necessary 
     to administer the limitations contained in paragraph (2). The 
     Commission shall complete all actions necessary to prescribe 
     such regulations within 1 year after such date of enactment. 
     Such regulations shall--
       ``(i) establish election time periods that correspond with 
     those regulations adopted under subparagraph (B) of this 
     paragraph; and
       ``(ii) until January 1, 2006, prohibit a television 
     broadcast station that provides retransmission consent from 
     engaging in exclusive contracts for carriage or failing to 
     negotiate in good faith, and it shall not be a failure to 
     negotiate in good faith if the television broadcast station 
     enters into retransmission consent agreements containing 
     different terms and conditions, including price terms, with 
     different multichannel video programming distributors if such 
     different terms and conditions are based on competitive 
     marketplace considerations.'';
       (3) in paragraph (4), by adding at the end the following 
     new sentence: ``If an originating television station elects 
     under paragraph (3)(C) to exercise its right to grant 
     retransmission consent under this subsection with respect to 
     a satellite carrier, section 338 shall not apply to the 
     carriage of the signal of such station by such satellite 
     carrier.'';
       (4) in paragraph (5), by striking ``614 or 615'' and 
     inserting ``338, 614, or 615''; and
       (5) by adding at the end the following new paragraph:
       ``(7) For purposes of this subsection, the term--
       ``(A) `network station' has the meaning given such term 
     under section 119(d) of title 17, United States Code; and
       ``(B) `television broadcast station' means an over-the-air 
     commercial or noncommercial television broadcast station 
     licensed by the Commission under subpart E of part 73 of 
     title 47, Code of Federal Regulations, except that such term 
     does not include a low-power or translator television 
     station.''.
       (b) Enforcement Provisions for Consent for 
     Retransmissions.--Section 325 of the Communications Act of 
     1934 (47 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.
       ``(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 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.

[[Page H12593]]

       ``(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 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.
       ``(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'';
       (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 (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

[[Page H12594]]

     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
       ``(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 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.
       ``(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)''.
       (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

[[Page H12595]]

     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 
     bad faith intent to profit from such registration or 
     maintenance of the domain name.
       ``(iv) If a registrar, registry, or other registration 
     authority takes an action described under clause (ii) based 
     on a knowing and material misrepresentation by any other 
     person that a domain name is identical to, confusingly 
     similar to, or dilutive of a mark, the person making the 
     knowing and material misrepresentation shall be liable for 
     any damages, including costs and attorney's fees, incurred by 
     the domain name registrant as a result of such action. The 
     court may also grant injunctive relief to the domain name 
     registrant, including the reactivation of the domain name or 
     the transfer of the domain name to the domain name 
     registrant.
       ``(v) A domain name registrant whose domain name has been 
     suspended, disabled, or transferred under a policy described 
     under clause (ii)(II) may, upon notice to the mark owner, 
     file a civil action to establish that the registration or use 
     of the domain name by such registrant is not unlawful under 
     this Act. The court may grant injunctive relief to the domain 
     name registrant, including the reactivation of the domain 
     name or transfer of the domain name to the domain name 
     registrant.''.

     SEC. 3005. DEFINITIONS.

       Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is 
     amended by inserting after the undesignated paragraph 
     defining the term ``counterfeit'' the following:
       ``The term `domain name' means any alphanumeric designation 
     which is registered with or assigned by any domain name 
     registrar, domain name registry, or other domain name 
     registration authority as part of an electronic address on 
     the Internet.
       ``The term `Internet' has the meaning given that term in 
     section 230(f )(1) of the Communications Act of 1934 (47 
     U.S.C. 230(f )(1)).''.

     SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS 
                   INVOLVING PERSONAL NAMES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Patent and Trademark Office and the 
     Federal Election Commission, shall conduct a study and report 
     to Congress with recommendations on guidelines and procedures 
     for resolving disputes involving the registration or use by a 
     person of a domain name that includes the personal name of 
     another person, in whole or in part, or a name confusingly 
     similar thereto, including consideration of and 
     recommendations for--
       (1) protecting personal names from registration by another 
     person as a second level domain name for purposes of selling 
     or otherwise transferring such domain name to such other 
     person or any third party for financial gain;
       (2) protecting individuals from bad faith uses of their 
     personal names as second level domain names by others with 
     malicious intent to harm the reputation of the individual or 
     the goodwill associated with that individual's name;
       (3) protecting consumers from the registration and use of 
     domain names that include personal names in the second level 
     domain in manners which are intended or are likely to confuse 
     or deceive the public as to the affiliation, connection, or 
     association of the domain name registrant, or a site 
     accessible 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 Codes, 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
       (C) in subsection (b) by striking ``trade-mark'' and 
     inserting ``trademark''.
       (2) The item relating to section 1338 in the table of 
     sections for chapter 85 of title 28, United States Code, is 
     amended by striking ``trade-marks'' and inserting 
     ``trademarks''.

     SEC. 3010. EFFECTIVE DATE.

       Sections 3002(a), 3003, 3004, 3005, and 3008 of this title 
     shall apply to all domain names registered before, on, or 
     after the date of the enactment of this Act, except that 
     damages under subsection (a) or (d) of section 35 of the 
     Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 
     3003 of this title, shall not be available with respect to 
     the registration, trafficking, or use of a domain name that 
     occurs before the date of the enactment of this Act.

                     TITLE IV--INVENTOR PROTECTION

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``American Inventors 
     Protection Act of 1999''.

                     Subtitle A--Inventors' Rights

     SEC. 4101. SHORT TITLE.

       This subtitle may be cited as the ``Inventors' Rights Act 
     of 1999''.

     SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.

       (a) In General.--Chapter 29 of title 35, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 297. Improper and deceptive invention promotion

       ``(a) In General.--An invention promoter shall have a duty 
     to disclose the following information to a customer in 
     writing, prior to entering into a contract for invention 
     promotion services:
       ``(1) the total number of inventions evaluated by the 
     invention promoter for commercial potential in the past 5 
     years, as well as the number of those inventions that 
     received positive evaluations, and the number of those 
     inventions that received negative evaluations;
       ``(2) the total number of customers who have contracted 
     with the invention promoter in the past 5 years, not 
     including customers who have purchased trade show services, 
     research, advertising, or other nonmarketing services from 
     the invention promoter, or who have defaulted in their 
     payment to the invention promoter;
       ``(3) the total number of customers known by the invention 
     promoter to have received a net financial profit as a direct 
     result of the invention promotion services provided by such 
     invention promoter;
       ``(4) the total number of customers known by the invention 
     promoter to have received license agreements for their 
     inventions as a direct result of the invention promotion 
     services provided by such invention promoter; and
       ``(5) the names and addresses of all previous invention 
     promotion companies with which the invention promoter or 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

[[Page H12596]]

     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
       ``(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.

     SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.

       The Under Secretary of Commerce for Intellectual Property 
     and Director of the United States Patent and Trademark Office 
     shall conduct a study of alternative fee structures that 
     could be adopted by the United States Patent and Trademark 
     Office to encourage maximum participation by the inventor 
     community in the United States. The Director shall submit 
     such study to the Committees on the Judiciary of the House of 
     Representatives and the Senate not later than 1 year after 
     the date of the enactment of this Act.

     SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.

       Section 42(c) of title 35, United States Code, is amended 
     in the second sentence--
       (1) by striking ``Fees available'' and inserting ``All fees 
     available''; and
       (2) by striking ``may'' and inserting ``shall''.

     SEC. 4206. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this subtitle shall take effect on the 
     date of the enactment of this Act.
       (b) Section 4202.--The amendments made by section 4202 of 
     this subtitle shall take effect 30 days after the date of the 
     enactment of this Act.

                   Subtitle C--First Inventor Defense

     SEC. 4301. SHORT TITLE.

       This subtitle may be cited as the ``First Inventor Defense 
     Act of 1999''.

     SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER 
                   INVENTOR.

       (a) Defense.--Chapter 28 of title 35, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 273. Defense to infringement based on earlier inventor

       ``(a) Definitions.--For purposes of this section--
       ``(1) the terms `commercially used' and `commercial use' 
     mean use of a method in the United States, so long as such 
     use is in connection with an internal commercial use or an 
     actual arm's-length sale or other arm's-length commercial 
     transfer of a useful end result, whether or not the subject 
     matter at issue is accessible to or otherwise known to the 
     public, except that the subject matter for which commercial 
     marketing or use is subject to a premarketing regulatory 
     review period during which the safety or efficacy of the 
     subject matter is established, including any period specified 
     in section 156(g), shall be deemed `commercially used' and in 
     `commercial use' during such regulatory review period;
       ``(2) in the case of activities performed by a nonprofit 
     research laboratory, or nonprofit entity such as a 
     university, research center, or hospital, a use for which the 
     public is the intended beneficiary shall be considered to be 
     a use described in paragraph (1), except that the use--
       ``(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.
       ``(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

[[Page H12597]]

     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 
     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,
     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.
       ``(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 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:

[[Page H12598]]

     ``Sec. 122. Confidential status of applications; publication 
       of patent applications

       ``(a) Confidentiality.--Except as provided in subsection 
     (b), applications for patents shall be kept in confidence by 
     the Patent and Trademark Office and no information concerning 
     the same given without authority of the applicant or owner 
     unless necessary to carry out the provisions of an Act of 
     Congress or in such special circumstances as may be 
     determined by the Director.
       ``(b) Publication.--
       ``(1) In general.--(A) Subject to paragraph (2), each 
     application for a patent shall be published, in accordance 
     with procedures determined by the Director, promptly after 
     the expiration of a period of 18 months from the earliest 
     filing date for which a benefit is sought under this title. 
     At the request of the applicant, an application may be 
     published earlier than the end of such 18-month period.
       ``(B) No information concerning published patent 
     applications shall be made available to the public except as 
     the Director determines.
       ``(C) Notwithstanding any other provision of law, a 
     determination by the Director to release or not to release 
     information concerning a published patent application shall 
     be final and nonreviewable.
       ``(2) Exceptions.--(A) An application shall not be 
     published if that application is--
       ``(i) no longer pending;
       ``(ii) subject to a secrecy order under section 181 of this 
     title;
       ``(iii) a provisional application filed under section 
     111(b) of this title; or
       ``(iv) an application for a design patent filed under 
     chapter 16 of this title.
       ``(B)(i) If an applicant makes a request upon filing, 
     certifying that the invention disclosed in the application 
     has not and will not be the subject of an application filed 
     in another country, or under a multilateral international 
     agreement, that requires publication of applications 18 
     months after filing, the 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.--
       (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 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).
       ``(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

[[Page H12599]]

     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
       (B) by inserting ``and published applications for patents'' 
     after ``patents''.
       (4) The items relating to sections 12 and 13 in the table 
     of sections for chapter 1 are each amended by inserting ``and 
     applications'' after ``patents''.
       (5) The item relating to section 122 in the table of 
     sections for chapter 11 is amended by inserting ``; 
     publication of patent applications'' after ``applications''.
       (6) The item relating to section 154 in the table of 
     sections for chapter 14 is amended by inserting ``; 
     provisional rights'' after ``patent''.
       (7) Section 181 is amended--
       (A) in the first undesignated paragraph--
       (i) by inserting ``by the publication of an application 
     or'' after ``disclosure''; and
       (ii) by inserting ``the publication of the application or'' 
     after ``withhold'';
       (B) in the second undesignated paragraph by inserting ``by 
     the publication of an application or'' after ``disclosure of 
     an invention'';
       (C) in the third undesignated paragraph--
       (i) by inserting ``by the publication of the application 
     or'' after ``disclosure of the invention''; and
       (ii) by inserting ``the publication of the application or'' 
     after ``withhold''; and
       (D) in the fourth undesignated paragraph by inserting ``the 
     publication of an application or'' after ``and'' in the first 
     sentence.
       (8) Section 252 is amended in the first undesignated 
     paragraph by inserting ``substantially'' before ``identical'' 
     each place it appears.
       (9) Section 284 is amended by adding at the end of the 
     second undesignated paragraph the following: ``Increased 
     damages under this paragraph shall not apply to provisional 
     rights under section 154(d) of this title.''.
       (10) Section 374 is amended to read as follows:

     ``Sec. 374. Publication of international application

       ``The publication under the treaty defined in section 
     351(a) of this title, of an international application 
     designating the United States shall confer the same rights 
     and shall have the same effect under this title as an 
     application for patent published under section 122(b), except 
     as provided in sections 102(e) and 154(d) of this title.''.
       (11) Section 135(b) is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following:
       ``(2) A claim which is the same as, or for the same or 
     substantially the same subject matter as, a claim of an 
     application published under section 122(b) of this title may 
     be made in an application filed after the application is 
     published only if the claim is made before 1 year after the 
     date on which the application is published.''.

     SEC. 4508. EFFECTIVE DATE.

       Sections 4502 through 4507, and the amendments made by such 
     sections, shall take effect on the date that is 1 year after 
     the date of the enactment of this Act and shall apply to all 
     applications filed under section 111 of title 35, United 
     States Code, on or after that date, and all applications 
     complying with section 371 of title 35, United States Code, 
     that resulted from international applications filed on or 
     after that date. The amendments made by sections 4504 and 
     4505 shall apply to any such application voluntarily 
     published by the applicant under procedures established under 
     this subtitle that is pending on the date that is 1 year 
     after the date of the enactment of this Act. The amendment 
     made by section 4504 shall also apply to international 
     applications designating the United States that are filed on 
     or after the date that is 1 year after the date of the 
     enactment of this Act.

       Subtitle F--Optional Inter Partes Reexamination Procedure

     SEC. 4601. SHORT TITLE.

       This subtitle may be cited as the ``Optional Inter Partes 
     Reexamination Procedure Act of 1999''.

     SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.

       The chapter heading for chapter 30 of title 35, United 
     States Code, is amended by inserting ``EX PARTE'' before 
     ``REEXAMINATION OF PATENTS''.

     SEC. 4603. DEFINITIONS.

       Section 100 of title 35, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) The term `third-party requester' means a person 
     requesting ex parte reexamination under section 302 or inter 
     partes reexamination under section 311 who is not the patent 
     owner.''.

     SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.

       (a) In General.--Part 3 of title 35, United States Code, is 
     amended by adding after chapter 30 the following new chapter:

      ``CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES

``Sec.
``311. Request for inter partes reexamination.
``312. Determination of issue by Director.
``313. Inter partes reexamination order by Director.
``314. Conduct of inter partes reexamination proceedings.
``315. Appeal.
``316. Certificate of patentability, unpatentability, and claim 
              cancellation.
``317. Inter partes reexamination prohibited.
``318. Stay of litigation.

     ``Sec. 311. Request for inter partes reexamination

       ``(a) In General.--Any person at any time may file a 
     request for inter partes reexamination by the Office of a 
     patent on the basis of any prior art cited under the 
     provisions of section 301.
       ``(b) Requirements.--The request shall--
       ``(1) be in writing, include the identity of the real party 
     in interest, and be accompanied by payment of an inter partes 
     reexamination fee established by the Director under section 
     41; and
       ``(2) set forth the pertinency and manner of applying cited 
     prior art to every claim for which reexamination is 
     requested.
       ``(c) Copy.--Unless the requesting person is the owner of 
     the patent, the Director promptly shall send a copy of the 
     request to the owner of record of the patent.

     ``Sec. 312. Determination of issue by Director

       ``(a) Reexamination.--Not later than 3 months after the 
     filing of a request for inter partes reexamination under 
     section 311, the Director shall determine whether a 
     substantial new question of patentability affecting any claim 
     of the patent concerned is raised by the request, with or 
     without consideration of other patents or printed 
     publications. On the Director's initiative, and at any time, 
     the Director may determine whether a substantial new question 
     of patentability is raised by patents and publications.
       ``(b) Record.--A record of the Director's determination 
     under subsection (a) shall be placed in the official file of 
     the patent, and a copy shall be promptly given or mailed to 
     the owner of record of the patent and to the third-party 
     requester, if any.
       ``(c) Final Decision.--A determination by the Director 
     under subsection (a) shall be final and non-appealable. Upon 
     a determination that no substantial new question of 
     patentability has been raised, the Director may refund a 
     portion of the inter partes reexamination fee required under 
     section 311.

     ``Sec. 313. Inter partes reexamination order by Director

       ``If, in a determination made under section 312(a), the 
     Director finds that a substantial new question of 
     patentability affecting a claim of a patent is raised, the 
     determination shall include an order for inter partes 
     reexamination of the patent for resolution of the question. 
     The order may be accompanied by the initial action of the 
     Patent and Trademark Office on the merits of the inter partes 
     reexamination conducted in accordance with section 314.

     ``Sec. 314. Conduct of inter partes reexamination proceedings

       ``(a) In General.--Except as otherwise provided in this 
     section, reexamination shall be conducted according to the 
     procedures established for initial examination under the 
     provisions of sections 132 and 133. In any inter partes 
     reexamination proceeding under this chapter, the patent owner 
     shall be permitted to propose any amendment to the patent and 
     a new claim or claims, except that no proposed amended or new 
     claim enlarging the scope of the claims of the patent shall 
     be permitted.
       ``(b) Response.--(1) This subsection shall apply to any 
     inter partes reexamination proceeding in which the order for 
     inter partes reexamination is based upon a request by a 
     third-party requester.
       ``(2) With the exception of the inter partes reexamination 
     request, any document filed by either the patent owner or the 
     third-party requester shall be served on the other party. In

[[Page H12600]]

     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 the patent owner's response thereto, if those 
     written comments are received by the Office within 30 days 
     after the date of service of the patent owner's response.
       ``(c) Special Dispatch.--Unless otherwise provided by the 
     Director for good cause, all inter partes reexamination 
     proceedings under this section, including any appeal to the 
     Board of Patent Appeals and Interferences, shall be 
     conducted with special dispatch within the Office.

     ``Sec. 315. Appeal

       ``(a) Patent Owner.--The patent owner involved in an inter 
     partes reexamination proceeding under this chapter--
       ``(1) may appeal under the provisions of section 134 and 
     may appeal under the provisions of sections 141 through 144, 
     with respect to any decision adverse to the patentability of 
     any original or proposed amended or new claim of the patent; 
     and
       ``(2) may be a party to any appeal taken by a third-party 
     requester under subsection (b).
       ``(b) Third-Party Requester.--A third-party requester may--
       ``(1) appeal under the provisions of section 134 with 
     respect to any final decision favorable to the patentability 
     of any original or proposed amended or new claim of the 
     patent; or
       ``(2) be a party to any appeal taken by the patent owner 
     under the provisions of section 134, subject to subsection 
     (c).
       ``(c) Civil Action.--A third-party requester whose request 
     for an inter partes reexamination results in an order under 
     section 313 is estopped from asserting at a later time, in 
     any civil action arising in whole or in part under section 
     1338 of title 28, United States Code, the invalidity of any 
     claim finally determined to be valid and patentable on any 
     ground which the third-party requester raised or could have 
     raised during the inter partes reexamination proceedings. 
     This subsection does not prevent the assertion of invalidity 
     based on newly discovered prior art unavailable to the third-
     party requester and the Patent and Trademark Office at the 
     time of the inter partes reexamination proceedings.

     ``Sec. 316. Certificate of patentability, unpatentability, 
       and claim cancellation

       ``(a) In General.--In an inter partes reexamination 
     proceeding under this chapter, when the time for appeal has 
     expired or any appeal proceeding has terminated, the Director 
     shall issue and publish a certificate canceling any claim of 
     the patent finally determined to be unpatentable, confirming 
     any claim of the patent determined to be patentable, and 
     incorporating in the patent any proposed amended or new claim 
     determined to be patentable.
       ``(b) Amended or New Claim.--Any proposed amended or new 
     claim determined to be patentable and incorporated into a 
     patent following an inter partes reexamination proceeding 
     shall have the same effect as that specified in section 252 
     of this title for reissued patents on the right of any person 
     who made, purchased, or used within the United States, or 
     imported into the United States, anything patented by such 
     proposed amended or new claim, or who made substantial 
     preparation therefor, prior to issuance of a certificate 
     under the provisions of subsection (a) of this section.

     ``Sec. 317. Inter partes reexamination prohibited

       ``(a) Order for Reexamination.--Notwithstanding any 
     provision of this chapter, once an order for inter partes 
     reexamination of a patent has been issued under section 313, 
     neither the patent owner nor the third-party requester, if 
     any, nor privies of either, may file a subsequent request for 
     inter partes reexamination of the patent until an inter 
     partes reexamination certificate is issued and published 
     under section 316, unless authorized by the Director.
       ``(b) Final Decision.--Once a final decision has been 
     entered against a party in a civil action arising in whole or 
     in part under section 1338 of title 28, United States Code, 
     that the party has not sustained its burden of proving the 
     invalidity of any patent claim in suit or if a final decision 
     in an inter partes reexamination proceeding instituted by a 
     third-party requester is favorable to the patentability of 
     any original or proposed amended or new claim of the patent, 
     then neither that party nor its privies may thereafter 
     request an inter partes reexamination of any such patent 
     claim on the basis of issues which that party or its privies 
     raised or could have raised in such civil action or inter 
     partes reexamination proceeding, and an inter partes 
     reexamination requested by that party or its privies on the 
     basis of such issues may not thereafter be maintained by the 
     Office, notwithstanding any other provision of this chapter. 
     This subsection does not prevent the assertion of invalidity 
     based on newly discovered prior art unavailable to the third-
     party requester and the Patent and Trademark Office at the 
     time of the inter partes reexamination proceedings.

     ``Sec. 318. Stay of litigation

       ``Once an order for inter partes reexamination of a patent 
     has been issued under section 313, the patent owner may 
     obtain a stay of any pending litigation which involves an 
     issue of patentability of any claims of the patent which are 
     the subject of the inter partes reexamination order, unless 
     the court before which such litigation is pending determines 
     that a stay would not serve the interests of justice.''.
       (b) Conforming Amendment.--The table of chapters for part 
     III of title 25, United States Code, is amended by striking 
     the item relating to chapter 30 and inserting the following:

``30. Prior Art Citations to Office and Ex Parte Reexamination of 
    Patents.....................................................301....

``31. Optional Inter Partes Reexamination of Patents.........311''.....

     SEC. 4605. CONFORMING AMENDMENTS.

       (a) Patent Fees; Patent Search Systems.--Section 41(a)(7) 
     of title 35, United States Code, is amended to read as 
     follows:
       ``(7) On filing each petition for the revival of an 
     unintentionally abandoned application for a patent, for the 
     unintentionally delayed payment of the fee for issuing each 
     patent, or for an unintentionally delayed response by the 
     patent owner in any reexamination proceeding, $1,210, unless 
     the petition is filed under section 133 or 151 of this title, 
     in which case the fee shall be $110.''.
       (b) Appeal to the Board of Patents Appeals and 
     Interferences.--Section 134 of title 35, United States Code, 
     is amended to read as follows:

     ``Sec. 134. Appeal to the Board of Patent Appeals and 
       Interferences

       ``(a) Patent Applicant.--An applicant for a patent, any of 
     whose claims has been twice rejected, may appeal from the 
     decision of the administrative patent judge to the Board of 
     Patent Appeals and Interferences, having once paid the fee 
     for such appeal.
       ``(b) Patent Owner.--A patent owner in any reexamination 
     proceeding may appeal from the final rejection of any claim 
     by the administrative patent judge to the Board of Patent 
     Appeals and Interferences, having once paid the fee for such 
     appeal.
       ``(c) Third-Party.--A third-party requester in an inter 
     partes proceeding may appeal to the Board of Patent Appeals 
     and Interferences from the final decision of the 
     administrative patent judge favorable to the patentability of 
     any original or proposed amended or new claim of a patent, 
     having once paid the fee for such appeal. The third-party 
     requester may not appeal the decision of the Board of Patent 
     Appeals and Interferences.''.
       (c) Appeal to Court of Appeals for the Federal Circuit.--
     Section 141 of title 35, United States Code, is amended by 
     adding the following after the second sentence: ``A patent 
     owner in any reexamination proceeding dissatisfied with the 
     final decision in an appeal to the Board of Patent Appeals 
     and Interferences under section 134 may appeal the decision 
     only to the United States Court of Appeals for the Federal 
     Circuit.''.
       (d) Proceedings on Appeal.--Section 143 of title 35, United 
     States Code, is amended by amending the third sentence to 
     read as follows: ``In any reexamination case, the Director 
     shall submit to the court in writing the grounds for the 
     decision of the Patent and Trademark Office, addressing all 
     the issues involved in the appeal.''.
       (e) Civil Action To Obtain Patent.--Section 145 of title 
     35, United States Code, is amended in the first sentence by 
     inserting ``(a)'' after ``section 134''.

     SEC. 4606. REPORT TO CONGRESS.

       Not later than 5 years after the date of the enactment of 
     this Act, the Under Secretary of Commerce for Intellectual 
     Property and Director of the United States Patent and 
     Trademark Office shall submit to the Congress a report 
     evaluating whether the inter partes reexamination proceedings 
     established under the amendments made by this subtitle are 
     inequitable to any of the parties in interest and, if so, the 
     report shall contain recommendations for changes to the 
     amendments made by this subtitle to remove such inequity.

     SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.

       Any party who requests an inter partes reexamination under 
     section 311 of title 35, United States Code, is estopped from 
     challenging at a later time, in any civil action, any fact 
     determined during the process of such reexamination, except 
     with respect to a fact determination later proved to be 
     erroneous based on information unavailable at the time of the 
     inter partes reexamination decision. If this section is held 
     to be unenforceable, the enforceability of the remainder of 
     this subtitle or of this title shall not be denied as a 
     result.

     SEC. 4608. EFFECTIVE DATE.

       (a) In General.--Subject to subsection (b), this subtitle 
     and the amendments made by this subtitle shall take effect on 
     the date of the enactment of this Act and shall apply to any 
     patent that issues from an original application filed in the 
     United States on or after that date.
       (b) Section 4605(a).--The amendments made by section 
     4605(a) shall take effect on the date that is 1 year after 
     the date of the enactment of this Act.

                Subtitle G--Patent and Trademark Office

     SEC. 4701. SHORT TITLE.

       This subtitle may be cited as the ``Patent and Trademark 
     Office Efficiency Act''.

          CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE

     SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.

       Section 1 of title 35, United States Code, is amended to 
     read as follows:

     ``Sec. 1. Establishment

       ``(a) Establishment.--The United States Patent and 
     Trademark Office is established as an agency of the United 
     States, within the Department of Commerce. In carrying out 
     its functions, the United States Patent and Trademark 
     Office shall be subject to the policy direction of the 
     Secretary of Commerce, but otherwise shall retain 
     responsibility for decisions regarding the

[[Page H12601]]

     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:

     ``Sec. 2. Powers and duties

       ``(a) In General.--The United States Patent and Trademark 
     Office, subject to the policy direction of the Secretary of 
     Commerce--
       ``(1) shall be responsible for the granting and issuing of 
     patents and the registration of trademarks; and
       ``(2) shall be responsible for disseminating to the public 
     information with respect to patents and trademarks.
       ``(b) Specific Powers.--The Office--
       ``(1) shall adopt and use a seal of the Office, which shall 
     be judicially noticed and with which letters patent, 
     certificates of trademark registrations, and papers issued by 
     the Office shall be authenticated;
       ``(2) may establish regulations, not inconsistent with law, 
     which--
       ``(A) shall govern the conduct of proceedings in the 
     Office;
       ``(B) shall be made in accordance with section 553 of title 
     5, United States Code;
       ``(C) shall facilitate and expedite the processing of 
     patent applications, particularly those which can be filed, 
     stored, processed, searched, and retrieved electronically, 
     subject to the provisions of section 122 relating to the 
     confidential status of applications;
       ``(D) may govern the recognition and conduct of agents, 
     attorneys, or other persons representing applicants or other 
     parties before the Office, and may require them, before being 
     recognized as representatives of applicants or other persons, 
     to show that they are of good moral character and reputation 
     and are possessed of the necessary qualifications to render 
     to applicants or other persons valuable service, advice, and 
     assistance in the presentation or prosecution of their 
     applications or other business before the Office;
       ``(E) shall recognize the public interest in continuing to 
     safeguard broad access to the United States patent system 
     through the reduced fee structure for small entities under 
     section 41(h)(1) of this title; and
       ``(F) provide for the development of a performance-based 
     process that includes quantitative and qualitative measures 
     and standards for evaluating cost-effectiveness and is 
     consistent with the principles of impartiality and 
     competitiveness;
       ``(3) may acquire, construct, purchase, lease, hold, 
     manage, operate, improve, alter, and renovate any real, 
     personal, or mixed property, or any interest therein, as it 
     considers necessary to carry out its functions;
       ``(4)(A) may make such purchases, contracts for the 
     construction, maintenance, or management and operation of 
     facilities, and contracts for supplies or services, without 
     regard to the provisions of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), 
     the Public Buildings Act (40 U.S.C. 601 et seq.), and the 
     Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 
     et seq.); and
       ``(B) may enter into and perform such purchases and 
     contracts for printing services, including the process of 
     composition, platemaking, presswork, silk screen processes, 
     binding, microform, and the products of such processes, as it 
     considers 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 imposed by law on the 
     amounts of such other payments or contributions by the United 
     States Government.
       ``(2) Nothing in subsection (b) shall derogate from the 
     duties of the Secretary of State or from the duties of the 
     United States Trade Representative as set forth in section 
     141 of the Trade Act of 1974 (19 U.S.C. 2171).
       ``(3) Nothing in subsection (b) shall derogate from the 
     duties and functions of the Register of Copyrights or 
     otherwise alter current authorities relating to copyright 
     matters.
       ``(4) In exercising the Director's powers under paragraphs 
     (3) and (4)(A) of subsection (b), the Director shall consult 
     with the Administrator of General Services.
       ``(5) In exercising the Director's powers and duties under 
     this section, the Director shall consult with the Register of 
     Copyrights on all copyright and related matters.
       ``(d) Construction.--Nothing in this section shall be 
     construed to nullify, void, cancel, or interrupt any pending 
     request-for-proposal let or contract issued by the General 
     Services Administration for the specific purpose of 
     relocating or leasing space to the United States Patent and 
     Trademark Office.''.

     SEC. 4713. ORGANIZATION AND MANAGEMENT.

       Section 3 of title 35, United States Code, is amended to 
     read as follows:

     ``Sec. 3. Officers and employees

       ``(a) Under Secretary and Director.--
       ``(1) In general.--The powers and duties of the United 
     States Patent and Trademark Office shall be vested in an 
     Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office (in 
     this title referred to as the `Director'), who shall be a 
     citizen of the United States and who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Director shall be a person who has a professional 
     background and experience in patent or trademark law.
       ``(2) Duties.--
       ``(A) In general.--The Director shall be responsible for 
     providing policy direction and management supervision for the 
     Office and for the issuance of patents and the registration 
     of trademarks. The Director shall perform these duties in a 
     fair, impartial, and equitable manner.
       ``(B) Consulting with the public advisory committees.--The 
     Director shall consult with the Patent Public Advisory 
     Committee established in section 5 on a regular basis on 
     matters relating to the patent operations of the Office, 
     shall consult with the Trademark Public Advisory Committee 
     established in section 5 on a regular basis on matters 
     relating to the trademark operations of the Office, and shall 
     consult with the respective Public Advisory Committee before 
     submitting budgetary proposals to the Office of Management 
     and Budget or changing or proposing to change patent or 
     trademark user fees or patent or trademark regulations which 
     are subject to the requirement to provide notice and 
     opportunity for public comment under section 553 of title 5, 
     United States Code, as the case may be.
       ``(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.--

[[Page H12602]]

       ``(A) Appointment and duties.--The Secretary of Commerce 
     shall appoint a Commissioner for Patents and a Commissioner 
     for Trademarks, without regard to chapter 33, 51, or 53 of 
     title 5, United States Code. The Commissioner for Patents 
     shall be a citizen of the United States with demonstrated 
     management ability and professional background and experience 
     in patent law and serve for a term of 5 years. The 
     Commissioner for Trademarks shall be a citizen of the United 
     States with demonstrated management ability and professional 
     background and experience in trademark law and serve for a 
     term of 5 years. The Commissioner for Patents and the 
     Commissioner for Trademarks shall serve as the chief 
     operating officers for the operations of the Office relating 
     to patents and trademarks, respectively, and shall be 
     responsible for the management and direction of all aspects 
     of the activities of the Office that affect the 
     administration of patent and trademark operations, 
     respectively. The Secretary may reappoint a Commissioner to 
     subsequent terms of 5 years as long as the performance of the 
     Commissioner as set forth in the performance agreement in 
     subparagraph (B) is satisfactory.
       ``(B) Salary and performance agreement.--The Commissioners 
     shall be paid an annual rate of basic pay not to exceed the 
     maximum rate of basic pay for the Senior Executive Service 
     established under section 5382 of title 5, United States 
     Code, including any applicable locality-based comparability 
     payment that may be authorized under section 5304(h)(2)(C) of 
     title 5, United States Code. The compensation of the 
     Commissioners shall be considered, for purposes of section 
     207(c)(2)(A) of title 18, United States Code, to be the 
     equivalent of that described under clause (ii) of section 
     207(c)(2)(A) of title 18, United States Code. In addition, 
     the Commissioners may receive a bonus in an amount of up to, 
     but not in excess of, 50 percent of the Commissioners' annual 
     rate of basic pay, based upon an evaluation by the 
     Secretary of Commerce, acting through the Director, of the 
     Commissioners' performance as defined in an annual 
     performance agreement between the Commissioners and the 
     Secretary. The annual performance agreements shall 
     incorporate measurable organization 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 
     Efficiency Act, is an officer or employee of the Department 
     of Commerce (other than an officer or employee under 
     paragraph (1)) shall be transferred to the Office, as 
     necessary to carry out the purposes of this Act, if--
       ``(A) such individual serves in a position for which a 
     major function is the performance of work reimbursed by the 
     Patent and Trademark Office, as determined by the Secretary 
     of Commerce;
       ``(B) such individual serves in a position that performed 
     work in support of the Patent and Trademark Office during at 
     least half of the incumbent's work time, as determined by the 
     Secretary of Commerce; or
       ``(C) such transfer would be in the interest of the Office, 
     as determined by the Secretary of Commerce in consultation 
     with the Director.
     Any transfer under this paragraph shall be effective as of 
     the same effective date as referred to in paragraph (1), and 
     shall be made without a break in service.
       ``(f ) Transition Provisions.--
       ``(1) Interim appointment of director.--On or after the 
     effective date of the Patent and Trademark Office Efficiency 
     Act, the President shall appoint an individual to serve as 
     the Director until the date on which a Director qualifies 
     under subsection (a). The President shall not make more than 
     one such appointment under this subsection.
       ``(2) Continuation in office of certain officers.--(A) The 
     individual serving as the Assistant Commissioner for Patents 
     on the day before the effective date of the Patent and 
     Trademark Office Efficiency Act may serve as the Commissioner 
     for Patents until the date on which a Commissioner for 
     Patents is appointed under subsection (b).
       ``(B) The individual serving as the Assistant Commissioner 
     for Trademarks on the day before the effective date of the 
     Patent and Trademark Office Efficiency Act may serve as the 
     Commissioner for Trademarks until the date on which a 
     Commissioner for Trademarks is appointed under subsection 
     (b).''.

     SEC. 4714. PUBLIC ADVISORY COMMITTEES.

       Chapter 1 of part I of title 35, United States Code, is 
     amended by inserting after section 4 the following:

     ``Sec. 5. Patent and Trademark Office Public Advisory 
       Committees

       ``(a) Establishment of Public Advisory Committees.--
       ``(1) Appointment.--The United States Patent and Trademark 
     Office shall have a Patent Public Advisory Committee and a 
     Trademark Public Advisory Committee, each of which shall have 
     nine voting members who shall be appointed by the Secretary 
     of Commerce and serve at the pleasure of the Secretary of 
     Commerce. Members of each Public Advisory Committee shall be 
     appointed for a term of 3 years, except that of the members 
     first appointed, three shall be appointed for a term of 1 
     year, and three shall be appointed for a term of 2 years. In 
     making appointments to each Committee, the 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

[[Page H12603]]

     for level III of the Executive Schedule under section 5314 of 
     title 5, United States Code. While away from such member's 
     home or regular place of business such member shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code.
       ``(f ) Access to Information.--Members of each Advisory 
     Committee shall be provided access to records and information 
     in the United States Patent and Trademark Office, except for 
     personnel or other privileged information and information 
     concerning patent applications required to be kept in 
     confidence by section 122.
       ``(g) Applicability of Certain Ethics Laws.--Members of 
     each Advisory Committee shall be special Government employees 
     within the meaning of section 202 of title 18, United States 
     Code.
       ``(h) Inapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to each Advisory Committee.
       ``(i) Open Meetings.--The meetings of each Advisory 
     Committee shall be open to the public, except that each 
     Advisory Committee may by majority vote meet in executive 
     session when considering personnel or other confidential 
     information.''.

     SEC. 4715. CONFORMING AMENDMENTS.

       (a) Duties.--Chapter 1 of title 35, United States Code, is 
     amended by striking section 6.
       (b) Regulations for Agents and Attorneys.--Section 31 of 
     title 35, United States Code, and the item relating to such 
     section in the table of sections for chapter 3 of title 35, 
     United States Code, are repealed.
       (c) Suspension or Exclusion From Practice.--Section 32 of 
     title 35, United States Code, is amended by striking ``31'' 
     and inserting ``2(b)(2)(D)''.

     SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.

       Section 17 of the Act of July 5, 1946 (commonly referred to 
     as the ``Trademark Act of 1946'') (15 U.S.C. 1067) is amended 
     to read as follows:
       ``Sec. 17. (a) In every case of interference, opposition to 
     registration, application to register as a lawful concurrent 
     user, or application to cancel the registration of a mark, 
     the Director shall give notice to all parties and shall 
     direct a Trademark Trial and Appeal Board to determine and 
     decide the respective rights of registration.
       ``(b) The Trademark Trial and Appeal Board shall include 
     the Director, the Commissioner for Patents, the Commissioner 
     for Trademarks, and administrative trademark judges who are 
     appointed by the Director.''.

     SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.

       Chapter 1 of title 35, United States Code, is amended--
       (1) by striking section 7 and redesignating sections 8 
     through 14 as sections 7 through 13, respectively; and
       (2) by inserting after section 5 the following:

     ``Sec. 6. Board of Patent Appeals and Interferences

       ``(a) Establishment and Composition.--There shall be in the 
     United States Patent and Trademark Office a Board of Patent 
     Appeals and Interferences. The Director, the Commissioner for 
     Patents, the Commissioner for Trademarks, and the 
     administrative patent judges shall constitute the Board. The 
     administrative patent judges shall be persons of competent 
     legal knowledge and scientific ability who are appointed by 
     the Director.
       ``(b) Duties.--The Board of Patent Appeals and 
     Interferences shall, on written appeal of an applicant, 
     review adverse decisions of examiners upon applications for 
     patents and shall determine priority and patentability of 
     invention in interferences declared under section 135(a). 
     Each appeal and interference shall be heard by at least three 
     members of the Board, who shall be designated by the 
     Director. Only the Board of Patent Appeals and Interferences 
     may grant rehearings.''.

     SEC. 4718. ANNUAL REPORT OF DIRECTOR.

       Section 13 of title 35, United States Code, as redesignated 
     by section 4717 of this subtitle, is amended to read as 
     follows:

     ``Sec. 13. Annual report to Congress

       ``The Director shall report to the Congress, not later than 
     180 days after the end of each fiscal year, the moneys 
     received and expended by the Office, the purposes for which 
     the moneys were spent, the quality and quantity of the work 
     of the Office, the nature of training provided to examiners, 
     the evaluation of the Commissioner of Patents and the 
     Commissioner of Trademarks by the Secretary of Commerce, the 
     compensation of the Commissioners, and other information 
     relating to the Office.''.

     SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.

       Section 32 of title 35, United States Code, is amended by 
     inserting before the last sentence the following: ``The 
     Director shall have the discretion to designate any attorney 
     who is an officer or employee of the United States Patent and 
     Trademark Office to conduct the hearing required by this 
     section.''.

     SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.

       (a) Pay of Director.--Section 5314 of title 5, United 
     States Code, is amended by striking:
       ``Assistant Secretary of Commerce and Commissioner of 
     Patents and Trademarks.''.
     and inserting:
       ``Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office.''.
       (b) Pay of Deputy Director.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Deputy Under Secretary of Commerce for Intellectual 
     Property and Deputy Director of the United States Patent and 
     Trademark Office.''.

            CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS

     SEC. 4731. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect 4 months after the date of the enactment of 
     this Act.

     SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Amendments to Title 35, United States Code.--
       (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''.
       (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''.

[[Page H12604]]

       (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
       (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''.
       (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.
       (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 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

[[Page H12605]]

     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 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.''.
       (c) Elimination of Copendency Requirement.--Section 
     119(e)(2) of title 35, United States Code, is amended by 
     striking ``and the provisional application was pending on the 
     filing date of the application for patent under section 
     111(a) or section 363 of this title''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to any provisional application filed on or 
     after June 8, 1995, except that the amendments made by 
     subsections (b) and (c) shall have no effect with respect to 
     any patent which is the subject of litigation in an action 
     commenced before such date of enactment.

     SEC. 4802. INTERNATIONAL APPLICATIONS.

       Section 119 of title 35, United States Code, is amended as 
     follows:
       (1) In subsection (a), insert ``or in a WTO member 
     country,'' after ``or citizens of the United States,''.
       (2) At the end of section 119 add the following new 
     subsections:
       ``(f ) Applications for plant breeder's rights filed in a 
     WTO member country (or in a foreign UPOV Contracting Party) 
     shall have the same effect for the purpose of the right of 
     priority under subsections (a) through (c) of this section as 
     applications for patents, subject to the same conditions and 
     requirements of this section as apply to applications for 
     patents.
       ``(g) As used in this section--
       ``(1) the term `WTO member country' has the same meaning as 
     the term is defined in section 104(b)(2) of this title; and
       ``(2) the term `UPOV Contracting Party' means a member of 
     the International Convention for the Protection of New 
     Varieties of Plants.''.

     SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT 
                   INFRINGEMENT NOT APPLICABLE.

       Section 287(c)(4) of title 35, United States Code, is 
     amended by striking ``before the date of enactment of this 
     subsection'' and inserting ``based on an application 
     the earliest effective filing date of which is prior to 
     September 30, 1996''.

     SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.

       (a) Printing of Papers Filed.--Section 22 of title 35, 
     United States Code, is amended by striking ``printed or 
     typewritten'' and inserting ``printed, typewritten, or on an 
     electronic medium''.
       (b) Publications.--Section 11(a) of title 35, United States 
     Code, is amended by amending the matter preceding paragraph 1 
     to read as follows:
       ``(a) The Director may publish in printed, typewritten, or 
     electronic form, the following:''.
       (c) Copies of Patents for Public Libraries.--Section 13 of 
     title 35, United States Code, is amended by striking 
     ``printed copies of specifications and drawings of patents'' 
     and inserting ``copies of specifications and drawings of 
     patents in printed or electronic form''.
       (d) Maintenance of Collections.--
       (1) Electronic collections.--Section 41(i)(1) of title 35, 
     United States Code, is amended by striking ``paper or 
     microform'' and inserting ``paper, microform, or 
     electronic''.
       (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.''.

     SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED 
                   PATENTS.

       (a) Prior Art Exclusion.--Section 103(c) of title 35, 
     United States Code, is amended by striking ``subsection (f ) 
     or (g)'' and inserting ``one or more of subsections (e), (f 
     ), and (g)''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any application for patent filed on or after 
     the date of the enactment of this Act.

     SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN 
                   COUNTRIES.

       Section 12 of title 35, United States Code, is amended by 
     adding at the end the following:

[[Page H12606]]

     ``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''.
       (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
       ``(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
       ``(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.
       (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

[[Page H12607]]

     worthwhile services to their respective communities while 
     under severe license limitations compared to their full-
     power counterparts.
       (3) License limitations, particularly the temporary nature 
     of the license, have blocked many low-power broadcasters from 
     having access to capital, and have severely hampered their 
     ability to continue to provide quality broadcasting, 
     programming, or improvements.
       (4) The passage of the Telecommunications Act of 1996 has 
     added to the uncertainty of the future status of these 
     stations by the lack of specific provisions regarding the 
     permanency of their licenses, or their treatment during the 
     transition to high definition, digital television.
       (5) It is in the public interest to promote diversity in 
     television programming such as that currently provided by 
     low-power television stations to foreign-language 
     communities.
       (c) Preservation of Low-Power Community Television 
     Broadcasting.--Section 336 of the Communications Act of 1934 
     (47 U.S.C. 336) is amended--
       (1) by redesignating subsections (f ) and (g) as 
     subsections (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f ) Preservation of Low-Power Community Television 
     Broadcasting.--
       ``(1) Creation of class a licenses.--
       ``(A) Rulemaking Required.--Within 120 days after the date 
     of the enactment of the Community Broadcasters Protection Act 
     of 1999, the Commission shall prescribe regulations to 
     establish a class A television license to be available to 
     licensees of qualifying low-power television stations. Such 
     regulations shall provide that--
       ``(i) the license shall be subject to the same license 
     terms and renewal standards as the licenses for full-power 
     television stations except as provided in this subsection; 
     and
       ``(ii) each such class A licensee shall be accorded primary 
     status as a television broadcaster as long as the station 
     continues to meet the requirements for a qualifying low-power 
     station in paragraph (2).
       ``(B) Notice to and certification by licensees.--Within 30 
     days after the date of the enactment of the Community 
     Broadcasters Protection Act of 1999, the Commission shall 
     send a notice to the licensees of all low-power televisions 
     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) of this 
     subsection, a licensee may submit an application for class A 
     designation under this paragraph within 30 days after final 
     regulations are adopted under subparagraph (A) of this 
     paragraph. Except as provided in paragraphs (6) and (7), the 
     Commission shall, within 30 days after receipt of an 
     application of a licensee of a qualifying low-power 
     television station that is acceptable for filing, award such 
     a class A television station license to such licensee.
       ``(D) Resolution of technical problems.--The Commission 
     shall act to preserve the service areas of low-power 
     television licensees pending the final resolution of a class 
     A application. If, after granting certification of 
     eligibility for a class A license, technical problems arise 
     requiring an engineering solution to a full-power station's 
     allotted parameters or channel assignment in the digital 
     television Table of Allotments, the Commission shall make 
     such modifications as necessary--
       ``(i) to ensure replication of the full-power digital 
     television applicant's service area, as provided for in 
     sections 73.622 and 73.623 of the Commission's regulations 
     (47 CFR 73.622, 73.623); and
       ``(ii) to permit maximization of a full-power digital 
     television applicant's service area consistent with such 
     sections 73.622 and 73.623,
     if such applicant has filed an application for maximization 
     or a notice of its intent to seek such maximization by 
     December 31, 1999, and filed a bona fide application for 
     maximization by May 1, 2000. Any such applicant shall comply 
     with all applicable Commission rules regarding the 
     construction of digital television facilities.
       ``(E) Change applications.--If a station that is awarded a 
     construction permit to maximize or significantly enhance its 
     digital television service area, later files a change 
     application to reduce its digital television service area, 
     the protected contour of that station shall be reduced in 
     accordance with such change modification.
       ``(2) Qualifying low-power television stations.--For 
     purposes of this subsection, a station is a qualifying low-
     power television station if--
       ``(A)(i) during the 90 days preceding the date of the 
     enactment of the Community Broadcasters Protection Act of 
     1999--
       ``(I) such station broadcast a minimum of 18 hours per day;
       ``(II) such station broadcast an average of at least 3 
     hours per week of programming that was produced within the 
     market area served by such station, or the market area served 
     by a group of commonly controlled low-power stations that 
     carry common local programming produced within the market 
     area served by such group; and
       ``(III) such station was in compliance with the 
     Commission's requirements applicable to low-power television 
     stations; and
       ``(ii) from and after the date of its application for a 
     class A license, the station is in compliance with the 
     Commission's operating rules for full-power television 
     stations; or
       ``(B) the Commission determines that the public interest, 
     convenience, and necessity would be served by treating the 
     station as a qualifying low-power television station for 
     purposes of this section, or for other reasons determined by 
     the Commission.
       ``(3) Common ownership.--No low-power television station 
     authorized as of the date of the enactment of the Community 
     Broadcasters Protection Act of 1999 shall be disqualified for 
     a class A license based on common ownership with any other 
     medium of mass communication.
       ``(4) Issuance of licenses for advanced television services 
     to television translator stations and qualifying low-power 
     television stations.--The Commission is not required to issue 
     any additional license for advanced television services to 
     the licensee of a class A television station under this 
     subsection, or to any licensee of any television translator 
     station, but shall accept a license application for such 
     services proposing facilities that will not cause 
     interference to the service area of any other broadcast 
     facility applied for, protected, permitted, or authorized on 
     the date of filing of the advanced television application. 
     Such new license or the original license of the applicant 
     shall be forfeited after the end of the digital television 
     service transition period, as determined by the Commission. A 
     licensee of a low-power television station or television 
     translator station may, at the option of licensee, elect to 
     convert to the provision of advanced television services on 
     its analog channel, but shall not be required to convert to 
     digital operation until the end of such transition period.
       ``(5) No preemption of section 337.--Nothing in this 
     subsection preempts or otherwise affects section 337 of this 
     Act.
       ``(6) Interim qualification.--
       ``(A) Stations operating within certain bandwidth.--The 
     Commission may not grant a class A license to a low-power 
     television station for operation between 698 and 806 
     megahertz, but the Commission shall provide to low-power 
     television stations assigned to and temporarily operating in 
     that bandwidth the opportunity to meet the qualification 
     requirements for a class A license. If such a qualified 
     applicant for a class A license is assigned a channel within 
     the core spectrum (as such term is defined in MM Docket No. 
     87-286, February 17, 1998), the Commission shall issue a 
     class A license simultaneously with the assignment of such 
     channel.
       ``(B) Certain channels off-limits.--The Commission may not 
     grant under this subsection a class A license to a low-power 
     television station operating on a channel within the core 
     spectrum that includes any of the 175 additional channels 
     referenced in paragraph 45 of its February 23, 1998, 
     Memorandum Opinion and Order on Reconsideration of the Sixth 
     Report and Order (MM Docket No. 87-268). Within 18 months 
     after the date of the enactment of the Community Broadcasters 
     Protection Act of 1999, the Commission shall identify by 
     channel, location, and applicable technical parameters those 
     175 channels.
       ``(7) No interference requirement.--The Commission may not 
     grant a class A license, nor approve a modification of a 
     class A license, unless the applicant or licensee shows that 
     the class A station for which the license or modification is 
     sought will not cause--
       ``(A) interference within--
       ``(i) the predicted Grade B contour (as of the date of the 
     enactment of the Community Broadcasters Protection Act of 
     1999, or November 1, 1999, whichever is later, or as proposed 
     in a change application filed on or before such date) of any 
     television station transmitting in analog format; or
       ``(ii)(I) the digital television service areas provided in 
     the DTV Table of Allotments; (II) the areas protected in the 
     Commission's digital television regulations (47 CFR 73.622(e) 
     and (f )); (III) the digital television service areas of 
     stations subsequently granted by the Commission prior to the 
     filing of a class A application; and (IV) stations seeking to 
     maximize power under the Commission's rules, if such station 
     has complied with the notification requirements in paragraph 
     (1)(D);
       ``(B) interference within the protected contour of any low-
     power television station or low-power television translator 
     station that--
       ``(i) was licensed prior to the date on which the 
     application for a class A license, or for the modification of 
     such a license, was filed;
       ``(ii) was authorized by construction permit prior to such 
     date; or
       ``(iii) had a pending application that was submitted prior 
     to such date; or
       ``(C) interference within the protected contour of 80 miles 
     from the geographic center of the areas listed in section 
     22.625(b)(1) or 90.303 of the Commission's regulations (47 
     CFR 22.625(b)(1) and 90.303) for frequencies in--
       ``(i) the 470-512 megahertz band identified in 
     section 22.621 or 90.303 of such regulations; or
       ``(ii) the 482-488 megahertz band in New York.
       ``(8) Priority for displaced low-power stations.--Low-power 
     stations that are displaced by an application filed under 
     this section shall have priority over other low-power 
     stations in the assignment of available channels.''.

                  TITLE VI--SUPERFUND RECYCLING EQUITY

     SEC. 6001. SUPERFUND RECYCLING EQUITY.

       (a) Purposes.--The purposes of this section are--
       (1) to promote the reuse and recycling of scrap material in 
     furtherance of the goals of waste minimization and natural 
     resource conservation while protecting human health and the 
     environment;
       (2) to create greater equity in the statutory treatment of 
     recycled versus virgin materials; and
       (3) to remove the disincentives and impediments to 
     recycling created as an unintended consequence of the 1980 
     Superfund liability provisions.

[[Page H12608]]

       (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 
     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 
     materials due to differences in their melting points 
     (referred to as `sweating').
       ``(3) For purposes of this subsection, the term `scrap 
     metal' means bits and pieces of metal parts (e.g., bars, 
     turnings, rods, sheets, wire) or metal pieces that may be 
     combined together with bolts or soldering (e.g., radiators, 
     scrap automobiles, railroad box cars), which when worn or 
     superfluous can be recycled, except for scrap metals that the 
     Administrator excludes from this definition by regulation.
       ``(e) Transactions Involving Batteries.--Transactions 
     involving spent lead-acid batteries, spent nickel-cadmium 
     batteries, or other spent batteries shall be deemed to be 
     arranging for recycling if the person who arranged for the 
     transaction (by selling recyclable material or otherwise 
     arranging for the recycling of recyclable material) can 
     demonstrate by a preponderance of the evidence that at the 
     time of the transaction--
       ``(1) the person met the criteria set forth in subsection 
     (c) with respect to the spent lead-acid batteries, spent 
     nickel-cadmium batteries, or other spent batteries, but the 
     person did not recover the valuable components of such 
     batteries; and
       ``(2)(A) with respect to transactions involving lead-acid 
     batteries, the person was in compliance with applicable 
     Federal environmental regulations or standards, and any 
     amendments thereto, regarding the storage, transport, 
     management, or other activities associated with the recycling 
     of spent lead-acid batteries;
       ``(B) with respect to transactions involving nickel-cadmium 
     batteries, Federal environmental regulations or standards are 
     in effect regarding the storage, transport, management, or 
     other activities associated with the recycling of spent 
     nickel-cadmium batteries, and the person was in compliance 
     with applicable regulations or standards or any amendments 
     thereto; or
       ``(C) with respect to transactions involving other spent 
     batteries, Federal environmental regulations or standards are 
     in effect regarding the storage, transport, management, or 
     other activities associated with the recycling of such 
     batteries, and the person was in compliance with applicable 
     regulations or standards or any amendments thereto.
       ``(f) Exclusions.--
       ``(1) The exemptions set forth in subsections (c), (d), and 
     (e) shall not apply if--
       ``(A) the person had an objectively reasonable basis to 
     believe at the time of the recycling transaction--
       ``(i) that the recyclable material would not be recycled;
       ``(ii) that the recyclable material would be burned as 
     fuel, or for energy recovery or incineration; or
       ``(iii) for transactions occurring before 90 days after the 
     date of the enactment of this section, that the consuming 
     facility was not in compliance with a substantive (not 
     procedural or administrative) provision of any Federal, 
     State, or local environmental law or regulation, or 
     compliance order or decree issued pursuant thereto, 
     applicable to the handling, processing, reclamation, or other 
     management activities associated with the recyclable 
     material;
       ``(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

[[Page H12609]]

       ``(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.''
       (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.''.
     Bill Young.
     Jerry Lewis.
                                Managers on the Part of the House.

     Ted Stevens.
     Pete Domenici.
     Kay Bailey Hutchison.
                               Managers on the Part of the Senate.
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